Overview
The complainant Mr C raised concerns about the process applied by HMP Shotts (the Prison) in testing a container found in his cell for the presence of drugs. Mr C considered that it was unfair of the Prison to adapt an existing Scottish Prison Service (SPS) process, and then not apply that process properly.
Specific complaint and conclusion
The complaint which has been investigated is that the Prison adapted the existing SPS Mandatory Drug Testing procedure to test the container found in Mr C's cell for the presence of drugs but in doing so, the Prison did not apply that process properly (upheld).
Redress and recommendations
The Ombudsman recommends that the SPS:
- (i) put a policy in place for prison staff to follow when testing liquids or substances for the presence of drugs;
- (ii) take steps to make prisoners aware of this process;
- (iii) remind prison staff to record the timings of cell searches and drug testing confirmation results accurately; and
- (iv) issue an apology to Mr C for the failings identified in this report.
The SPS have accepted the recommendations and will act on them accordingly.