Overview
The complainant, Mr C, raised a number of concerns in relation to the drug testing procedures at HMP Shotts (the Prison) when he was suspected on two separate occasions of having taken controlled drugs.
Specific complaints and conclusions
The complaints which have been investigated are that:
- (a) the chain of custody was abused, procedure forms were not properly completed and Mr C was not given the chance to have his urine samples independently tested (upheld);
- (b) medication Mr C had been issued in the past, or at the time of the tests, was not checked (not upheld); and
- (c) notices had been put up in the halls regarding changes in the testing procedure after Mr C had been tested and he felt he should have had prior knowledge of this (upheld).
Redress and recommendations
The Ombudsman recommends that the Scottish Prison Service (SPS):
- (i) provide further training to staff within the Prison who are involved in the drug testing of prisoners and ensure copies of the MDT Policy and Procedures manual are readily available to all staff;
- (ii) remind the Prison staff to accurately record on the chain of custody form when prisoners test positive for controlled drugs which they have been prescribed; and
- (iii) consider devising and implementing a policy and protocol that deals with instances whereby a prisoner is suspected of taking non-controlled drugs which have not been prescribed to the prisoner.
The SPS have accepted the recommendations and will act on them accordingly.