Source · SPSO (Scottish Public Services Ombudsman)

Scottish Prison Service

SPSO (Scottish Public Services Ombudsman) Not Upheld Reference 201202053 Sector Prisons Category staff treatment Decided 01 April 2013

View Scottish Prison Service scorecard

Full decision

Summary

Mr C, who is a prisoner, was reprimanded for playing cards in a work shed and dismissed from his work party. He complained that other prisoners were also playing cards and that he was singled out by a member of staff. He saw this as a form of bullying.

In responding to his complaint, the prison interviewed the staff involved and found that Mr C was dismissed because of his attitude to work. They concluded that no bullying had occurred. When we investigated, they told us that the dismissal was due to concerns about Mr C's general work performance. They said the fact that he had been playing cards, despite being asked not to, supported these concerns. We acknowledged that the prison were entitled to act on their concerns and concluded that they had reasonably exercised their discretion in taking the decision to dismiss Mr C. We, therefore, did not uphold the complaint.

Mr C also complained about the handling of his complaint. He complained about the time taken to respond, but our investigation identified that there was apparently a delay in the prison first receiving his form. Once they received it, they responded within the relevant timescale. Mr C also raised concerns that no witnesses were called upon during the investigation. We noted that the prison had arranged for two senior managers to speak with Mr C to discuss his concerns, and that there were discussions with the relevant members of staff to obtain their version of events. We considered this reasonable and did not uphold this complaint.

Related reading

View Decision Report 201202053 as a PDF (11.39 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