Investigation Report 201101643

  • Report no:
    201101643
  • Date:
    September 2012
  • Body:
    Scottish Prison Service
  • Sector:
    Scottish Government and Devolved Administration

Overview
The complainant, Mr C, who was a prisoner, complained about the decision taken by Prison 1 to transfer him to Prison 2. Mr C said the decision was unreasonable because he was about to start medical treatment for his skin condition at Prison 1. Mr C also complained because he said Prison 1 did not explain to him why he was being transferred to Prison 2.

Specific complaints and conclusions
The complaints which have been investigated are that:

  • (a) the decision taken by Prison 1 to transfer Mr C knowing he was about to start medical treatment was unreasonable (upheld); and
  • (b) Prison 1 failed to communicate the reason for the decision to transfer Mr C to Prison 2 and that was inappropriate (upheld).

 

Redress and recommendations
The Ombudsman recommends that the Scottish Prison Service:

  • (i) take steps to put in place a national process for all prison establishments to follow when transferring prisoners to other establishments to ensure the process followed allows for significant and relevant information to be obtained, considered and recorded as part of the decision making process and;
  • (ii) ensure Prison 1 apologise to Mr C for failing to respond to him directly about his complaint.

Updated: December 11, 2018