Source · SPSO (Scottish Public Services Ombudsman)

Scottish Prison Service

SPSO (Scottish Public Services Ombudsman) Not Upheld Reference 201100947 Sector Prisons Category Home Detention Curfew Decided 01 November 2011

View Scottish Prison Service scorecard

Full decision

Summary

Mr C complained that the Scottish Prison Service’s (SPS) decision to refuse him home detention curfew (HDC) on health grounds was unfair. He was told by the prison that his request had been refused because he had been recalled to prison in the past and, therefore, he fell within one of the statutory exclusions forHDC.

In investigating the complaint, we considered the relevant SPS guidance and legislation. The guidance on HDC explained that some prisoners are excluded from release on HDC by law (called the 'statutory exclusions'). One of the statutory exclusions is for 'prisoners who have previously been recalled to prison having been released on licence'.

Mr C told us that he had been recalled to prison in the past. In light of this, we did not see any evidence to suggest that the SPS's decision was unreasonable or their explanation incorrect.

Related reading

View Decision Report 201100947 as a PDF (13.78 KB) Updated: March 13, 2018

View original on SPSO (Scottish Publ… website

Other decisions involving Scottish Prison Service

Reference Date Summary Outcome
202412046 01 Feb 2026 C complained that the Scottish Prison Service (SPS) failed to follow the appropriate procedure after they removed C from association … Upheld
202401074 01 Nov 2025 C complained that the Scottish Prison Service (SPS) failed to take reasonable steps to ensure that they had prompt access … Upheld
202303295 01 Mar 2025 C complained that the Scottish Prison Service (SPS) failed to appropriately investigate their lost property claim. C submitted a claim … Upheld
202006807 01 Sep 2022 C complained about the handing of their Internal Case Management (ICM) case conference. C was unhappy that the Scottish Prison … Partly Upheld
202001300 01 Sep 2022 Ms C provided her express consent for her pronouns to be used for this publication. Ms C complained about matters … Partly Upheld
View all decisions for this organisation