Source · SPSO (Scottish Public Services Ombudsman)

Scottish Prison Service

SPSO (Scottish Public Services Ombudsman) Not Upheld Reference 201700223 Sector Prisons Category personal property Decided 01 January 2018

View Scottish Prison Service scorecard

Full decision

Summary

Mr C said that other prisoners had given him items of property when they were leaving the prison, but that prison staff had taken the items from him and disposed of them. Mr C complained about this and said that this was, in effect, prison staff stealing his belongings.

We found that the prison rules gave prison staff the authority to search cells and seize unauthorised property. In the prison's view, the items found in Mr C's cell were unauthorised property, within the definition given in the prison rules, rather than authorised personal property. The prison rules also gave prison staff the authority to dispose of or destroy unauthorised property.

We determined that prison staff were acting appropriately within the discretion given to them by the prison rules in searching Mr C's cell, seizing unauthorised property, and disposing of it. We did not uphold Mr C's complaint.

Related reading

View Decision Report 201700223 as a PDF (10.95 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