Investigation Report 201101687

  • Report no:
    201101687
  • Date:
    September 2013
  • Body:
    Scottish Prison Service
  • Sector:
    Scottish Government and Devolved Administration

Overview

Mr C, who is a prisoner, arranged for his son (Mr A), who was 16 years old, and his daughter (Miss A), who was 15 years old, to visit him at HMP Kilmarnock (the Prison). Mr C's children were allowed to access the Prison but before accessing the visit, Miss A was searched after the metal detection alarm sounded when she passed through it. Following this, Mr C's children were denied access to the visit because Miss A was not accompanied by an adult.

Specific complaints and conclusions

The complaints which have been investigated are that:
(a) Mr C's daughter was inappropriately searched in the absence of an appropriate adult (upheld); and
(b) the internal complaints committee's written response to Mr C's prisoner complaint form did not accurately reflect the discussion held (not upheld).

Redress and recommendations

The Ombudsman recommends that:

(i)  the SPS update my office on the steps taken to implement a relevant policy in relation to the age a person must be to accompany a child under the age of 16 to a visit within a prison;

(ii)  the SPS consider seeking the views of the Commissioner for Children & Young People before implementing their new policy; and

(iii)  the SPS take immediate steps to ensure staff within all prisons are fully aware of the policy in place in relation to the age a person must be to accompany a person under the age of 16 to a prison.

Updated: December 11, 2018