To the Scottish Courts and Tribunals Service

1.       The Scottish Prison Service (SPS), being a body to whom a recommendation under section 26(1)(b) was addressed, do respond as follows.

2.     Recommendation 1 – An evening welfare check on prisoners should be carried out at HMP Low Moss at weekends at the same time as the evening welfare check is carried out on weekdays, i.e. between 8.15pm and 8.30pm.

3.   Response 1 – SPS recognises the importance of numbers checks in providing valuable opportunities for staff to monitor the wellbeing of those in our care. SPS reviewed its procedures for numbers checks in March this year and has updated the corresponding Prison Resource Library (PRL) Standard to ensure consistency in practice across the estate. Work has also been undertaken to revise the initial and refresher training packages in relation to numbers checks and a substantial redevelopment of a national e-learning package is in progress.

4.  In carefully considering this recommendation, SPS has reflected on whether the introduction of a welfare check between 8.15pm and 8.30pm at weekends in HMP Low Moss would represent an appropriate and proportionate response. As detailed in SPS’s final written submissions to the FAI, no evidence was presented to the court to indicate that, had a later lock-up taken place, Mr Hand would have appeared intoxicated or displayed any obvious signs or symptoms that would have alerted staff to concerns regarding his condition. Nor was any evidence led during the FAI to suggest that the earlier lock-up time contributed to Mr Hand’s death. Dr Marjory Turner stated in her evidence, that had a later lock-up taken place, it was highly unlikely that any intervention could have changed the outcome.

5.    SPS has concluded that introducing this additional welfare check during the weekend shift pattern at HMP Low Moss is not a measure that would be reasonably capable of being given practical effect. Early lock-up times at weekends are not unique to HMP Low Moss and are implemented across the SPS estate in accordance with established staffing arrangements.

6.   While SPS does not accept this recommendation, it remains committed to the continual review and improvement of operational practice. The measures that have been implemented, alongside those currently being progressed, will make a positive contribution to strengthening the delivery and consistency of numbers checks across the SPS estate.

Learning from this Determination will be shared across the SPS to support wider learning and compliance.