Support and safeguards guidance for disabled prisoners: FOI release

Information requested

A. What is the Government's policy on providing assistance to this category of disabled when dealing with matters which will have a profound effect on the individual's wellbeing?

B. What instructions, if any, are given to SPS for the management and handling of these individuals e.g. in an orderly room hearing?

C. What arrangements are in place within the system to allow such individuals to seek and receive help?

D. What monitoring and appeals system (if any) is in place when assistance is not provided or refused?

E. In the particular case of Adam Gallagher how can we ensure his human rights are not being breached?

Response

I enclose a copy of some of the information you requested. The reasoning for not providing all information requested is detailed below.

In relation to Asks A and B:

What is the Government's policy on providing assistance to this category of disabled when dealing with matters which will have a profound effect on the individuals wellbeing?

What instructions, if any, are given to SPS for the management and handling of these individuals e.g. in an orderly room hearing?

There is limited information directly relevant to these asks that is held by the Scottish Government and more general information that has broad relevance is in the public domain. Therefore, the request for this information falls under Section 25 (1) of the Freedom of Information (Scotland) Act 2002 (FOISA), where the information requested can be reasonably obtained without the need for it under FOISA. However, I have provided you with links to relevant documents below which I hope will assist you:

The public sector equality duty (or general duty) in the Equality Act 2010 came into force in 2011. It means Scottish public authorities must have 'due regard' to the need to:

• eliminate unlawful discrimination
• advance equality of opportunity
• foster good relations

In 2012 Scottish Ministers made regulations that placed specific duties on Scottish public bodies to help them meet the general duty. These are also known as the Scottish Specific Duties.

Disability equality plan - gov.scot The disability equality plan reflects a government wide commitment to ensure that the voices and experiences of disabled people meaningfully considered from the outset of policy making.

You may also wish to be aware of the web page on policies relating to disabled people and action taken Disabled people - gov.scot. This includes a link to information on the UN Convention on the rights of persons with disabilities and latest items across Government.

The Scottish Prison Service are required to comply with relevant legislation and work towards international standards and norms to uphold the rights of all individuals while they are in custody. SPS are clear, as are Scottish Ministers, that we need to uphold the rights of all individuals while they are in custody.

Whilst the management of offenders within these establishment is a matter for the SPS, they required to comply with all relevant legislation, that includes the Equality Act 2010, legislation relating to the management of people in custody such as the Prisons (Scotland) Act 1989 and the ‘Prison Rules’ (The Prisons and Young Offenders Institutions (Scotland) Rules 2011), and the Human Rights Act 1998. And of course, all legislation, policy and practice should be consistent with the European Convention on Human Rights. The documents referred to are in the public domain but I have provided a link below for ease of reference:

The Prisons and Young Offenders Institutions (Scotland) Rules 2011:
The Prisons and Young Offenders Institutions (Scotland) Rules 2011

Equality Act 2010:
Equality Act 2010

Prisons Scotland Act:
Prisons (Scotland) Act 1989

In relation to asks C and D

What arrangements are in place within the system to allow such individuals to seek and received help?

What monitoring and appeals system (if any) is in place when assistance is not provided or refused?

The SPS are responsible for the running of individual establishments and we recommend that your client speak with officers within the Prison should they wish to seek assistance. If they require assistance to do this, they are able to contact Independent Prison Monitors (IPMs), who can help them through this process. Prisoners are able to contact them via a freephone number on: 0800 056 7476. Calls to the Freephone number are not monitored by the SPS and the Freephone number is available to prisoners in addition to their own list of permitted numbers. 

If they have exhausted the internal process and still remain unsatisfied with the response, they can escalate their complaints to the Scottish Public Sector Ombudsman, which is the final stage of complaints about public sector organisations. They can be contacted on their Freephone line: 0800 377 7330.

HM Inspectorate for Prisons Scotland perform regular inspections on prison establishments across Scotland to ensure conditions and treatment do not breach individual’s human rights. Where concerns are raised, SPS seek to address these as quickly and effectively as possible. Independent Prison Monitors play and important role and can be contacted as noted above.

The purpose of HM Inspectorate of Prisons for Scotland is to inspect the conditions and treatment of prisoners in prisons, court custody units and under escort, and to report publicly on their findings. The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 came into force on 31 August 2015 and from that date HM Chief Inspector of Prisons for Scotland assumed overall responsibility for the monitoring of prisons, which is be carried out on a day to day basis by independent prison monitors. 

HMIPS is a member of the United Kingdom’s National Preventive Mechanism (NPM), a group of organisations designated under the Optional Protocol to the Convention against Torture to monitor places of detention and report on the treatment of and conditions for detainees.

In relation to ask E

In the particular case of Adam Gallagher how can we ensure his human rights are not being breached?

In relation to Mr Gallagher, I hope you understand that the Scottish Government cannot comment on any individual cases. Please be assured the Scottish Government and the Scottish Prison Service (SPS) are commitment to ensuring that the human rights of people in our prisons are respected, protected, and fulfilled. Independent Prison Monitors play an important role and there is also the option to contact HMIPS: Contact us | HMIPS

I hope the above information is helpful to you.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.