Source · SPSO (Scottish Public Services Ombudsman)

Scottish Prison Service

SPSO (Scottish Public Services Ombudsman) Not Upheld Reference 201103813 Sector Prisons Category Downgrading Decided 01 June 2012

View Scottish Prison Service scorecard

Full decision

Summary

Mr C, who is a prisoner, was returned from the prison open estate to closed conditions because it was suspected that he was involved in illicit substance misuse. Mr C said the decision was unreasonable because he had not done anything wrong and had not failed any drug tests. He also complained because he said the Scottish Prison Service (SPS) inappropriately noted on his record that he had taken drugs.

The SPS are entitled to decide to downgrade a prisoner when evidence is available to suggest that the prisoner may be unsuitable for less secure conditions. We cannot question such a decision without evidence that the SPS did something wrong in that process. In considering Mr C's complaint, we were satisfied that the SPS took the decision to return Mr C to closed conditions after following the proper process and considering all relevant information. We were also satisfied that they were entitled to record information about Mr C given that they suspected he was involved in unacceptable drug-related behaviour.

Related reading

View Decision Report 201103813 as a PDF (16.6 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