Source · SPSO (Scottish Public Services Ombudsman)

Scottish Prison Service

SPSO (Scottish Public Services Ombudsman) Upheld Reference 201303897 Sector Prisons Category searching of prisoner, property and cell Decided 01 April 2014

View Scottish Prison Service scorecard

Full decision

Summary

Mr C, a prisoner, complained that staff at his prison carried out a personal search in a manner that was unreasonable in his particular circumstances. In looking at Mr C's complaint, our role was to examine whether the prison followed the correct procedure in carrying out the search.

When we looked at the search procedures we found that they said that, after a search, the final stage was to complete relevant paperwork. There was no paperwork, and we concluded that the prison had not completed this as they should have done. This meant we could not determine whether the prison followed the correct procedure when Mr C was searched and, consequently, whether it was reasonable. Because of this, we upheld Mr C's complaint.

Recommendations

We recommended that Scottish Prison Service: amend the body search procedures to make clear in which cases relevant paperwork should be completed.

Related reading

View Decision Report 201303897 as a PDF (11.97 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