Complaints

The Scottish Prison Service’s (SPS) definition of a complaint is: ‘an expression of dissatisfaction by one or more individuals external to the SPS about the organisation’s action or lack of action, or about the standard of service provided by or on behalf of the SPS.

A complaint may relate to, but is not restricted to: 

• failure or refusal to provide a service
• inadequate quality or standard of service, or a delay in providing a service
• failure to properly apply law, procedure or guidance when delivering services
• failure to follow the appropriate administrative process
• conduct, treatment by or attitude of a member of staff or contractor
• disagreement with a decision, except where there is a well-established separate procedure for challenging that decision (for example, a statutory appeals process, or established appeals process followed throughout the sector)

• a routine first-time request for a service or action (if a person asks SPS to do something, this is not a complaint unless the customer feels SPS should have provided the service earlier, or in a different way)
• a request for compensation only
• an expression of dissatisfaction with SPS or Government policy
• an attempt to reopen a previously concluded complaint, or to have a complaint reconsidered where we have already given our final response
• issues that are in court or have already been heard by a court or a tribunal 
• disagreement with a decision where there is a well-established separate procedure for challenging that decision (for example, a statutory appeals process, or established appeals process followed throughout the sector)
• a request for information under the Data Protection or Freedom of Information (Scotland) Acts
• a grievance by a staff member or a grievance relating to employment or recruitment 
• a concern about the safety of someone in our care (In this instance, immediate welfare concerns should be raised directly with the prison, Details can be found here.
• abuse or unsubstantiated allegations about our organisation or staff
• a concern about the actions of a separate organisation (except where the other organisation is delivering services on our behalf)

Visiting arrangements – Prison
Transfer related Complaints - Prison
Property – Prison
Complaints about physical environment – Location of problem i.e. Prison
Environmental Complaints – Prison
Monetary Transactions/PPC Queries – Prison
Unwanted Communication from Someone in our care – Prison
Unable to contact someone in our care – Prison if known, if not SPS Headquarters
Agents Visits – Prison
Legal Correspondence or complaints – Prison in first instance
HDC Complaints – Prison
Victim Notification Scheme (VNS) complaints – SPS Headquarters
Escalation of a Stage 1 complaint – Prison in first instance, if required, SPS Headquarters
Staff Conduct – Prison, if appropriate, SPS Headquarters

A complaint should ideally be raised with the prison directly. When doing so it will help if you provide the following information:

•    your full name and email address OR postal address
•    as much as you can about the complaint
•    what has gone wrong
•    what we can do to resolve your complaint

You will find contact details for our prisons here.

The Scottish Public Services Ombudsman have a handy guide which can help when raising a complaint. The document can be found here.

Anonymous complaints
We value all complaints, including anonymous complaints, and will take action to consider them further wherever this is appropriate. Generally, we will consider anonymous complaints if there is enough information in the complaint to enable us to make further enquiries. 
If we pursue an anonymous complaint further, we will record it as an anonymous complaint together with any learning from the complaint and action taken.
If an anonymous complainant makes serious allegations, these should be dealt with in a timely manner under relevant procedures. 

Normally, you must make your complaint within six months of: 

• the event you want to complain about; or 
• finding out that you have a reason to complain.

In exceptional circumstances, we may be able to accept a complaint after the time limit. If you feel that the time limit should not apply to your complaint, please tell us why.

• You will receive a response within 5 working days for a Stage 1 complaint, and within 20 working days for a Stage 2 – unless there are exceptional circumstances.
• SPS to deal fairly, honestly, consistently, and appropriately with all correspondents, including those whose actions we consider unacceptable.
• We believe that everyone has the right to be heard, understood, and respected.  We also consider that all SPS employees have the same rights.
• SPS to provide services that are accessible to all. However, we retain the right, where we consider someone’s actions to be unacceptable, to restrict or change access to our services (if and where it is appropriate to do so).
• SPS to ensure that no one suffers any disadvantage from correspondents who act in an unacceptable manner.
• SPS to complete the necessary steps to investigating a complaint as far as reasonably practicable, in line with SPSO guidance.
• We will not investigate a complaint where a final response has already been provided (Unless there are exceptional evidence to warrant this)

• We do not expect to be the recipients of aggressive or abusive words or behaviours.
• We do not expect to have unreasonable demands placed on us.  (What amounts to unreasonable demands will always depend on the circumstances of the behaviour and the seriousness of the issues raised by the correspondent).
• We do not expect unreasonable persistence.

We reserve the right to withdraw contact and/or communication where there are clear and persistent unreasonable demands, and/or aggressive words or reluctance to accept our final position.  In all instances we will advise that we are withdrawing communication on this matter.

We understand that you may be unable, or reluctant, to make a complaint yourself. We accept complaints from the representative of a person who is dissatisfied with our service. We can take complaints from a friend, relative, or an advocate, if we are provided with a completed SPS mandate form. These are available from our prisons, see contact details here

SCOTTISH INDEPENDENT ADVOCACY ALLIANCE
You can find out about advocates in your area by contacting the Scottish Independent Advocacy Alliance.

Website: www.siaa.org.uk
Phone: 0131 510 9410 
Email: [email protected]

CITIZENS ADVICE SCOTLAND
You can find out about advisers in your area through Citizens Advice Scotland: www.cas.org.uk

We are committed to making our service easy to use for all members of the community. In line with our statutory equality’s duties, we will always ensure that reasonable adjustments are made to help customers access and use our services.
If you have trouble putting your complaint in writing, or want information in another language or format, such as large print, audio, or Braille, please tell us in person, or contact us.
In all other circumstances your complaint should be made, in the first instance, directly to the establishment providing the service you are complaining about. This can be done in writing, via email or in person.