Decision report 201004133

Summary
Mr C complained that the Scottish Prison Service (SPS) provided him with inconsistent information about what he needed to do to progress to a ‘top end’ prison facility (a designated part of a prison for low supervision prisoners entitled to special escorted leave). He considered that they were ‘moving the goal posts’.

Mr C had previously been in a top end facility, but had been returned to closed conditions, after being caught with alcohol in his possession. During our investigation, we found that the SPS had told Mr C that he would be referred to a Multi Disciplinary Progression Management Group (MDPMG) meeting. The SPS said that the MDPMG would review his risk factors and, if appropriate, approve his return to a top end facility. It is not for us to decide when someone should be progressed to a top end facility. Decisions on these matters are discretionary and are for the SPS to take. However, they should ensure that prisoners are given consistent and accurate information in relation to progression.

We considered the information Mr C and the SPS provided to us. There was no clear objective evidence that the SPS provided Mr C with inconsistent information regarding his progression requirements.