Source · SPSO (Scottish Public Services Ombudsman)

Scottish Prison Service

SPSO (Scottish Public Services Ombudsman) Not Upheld Reference 201302458 Sector Prisons Category policy/administration Decided 01 January 2014

View Scottish Prison Service scorecard

Full decision

Summary

Mr C is the solicitor of a prisoner with a disability (Mr A). Mr C complained that the prison would not arrange for members of staff to assist Mr A in moving round the prison. The prison said arrangements were in place for another prisoner to do so, but Mr A did not feel safe with this and believed that the prison were failing in their duty of care towards him.

The prison informed us that the arrangements in place involved Mr A being assisted by another prisoner who had undertaken appropriate training. They advised that this task would be carried out in the presence of a prison officer. They confirmed that the prison rules allow the governor to require a prisoner to work in the service of another prisoner. They, therefore, concluded that a prisoner could be tasked with this, provided that their suitability had been assessed and health and safety and training issues considered.

We did not uphold the complaint, as we were satisfied that the prison were entitled to have a suitable and appropriately trained prisoner carry out the task of assisting Mr A. We noted that, in terms of Mr A's concerns for his safety, a member of staff would always be present when this task was being carried out. We noted Mr A's dissatisfaction with the arrangements, but did not consider that this, in itself, provided evidence of maladministration or service failure.

Related reading

View Decision Report 201302458 as a PDF (11.22 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