Form 6.2

RESPONSE

SHERIFFDOM OF NORTH STRATHCLYDE AT GREENOCK

 

GRE-B152-20

 

DETERMINATION OF SHERIFF ANDREW McINTYRE

 

UNDER THE INQUIRIES INTO FATAL ACCIDENTS AND SUDDEN DEATHS ETC (SCOTLAND) ACT 2016

 

in the inquiry into the death of

 

RICHARD ANGUS SCOTT FARQUHAR

 

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 – Require Risk Management Teams to agree, and keep under review, timescales for the completion of actions, which form part a prisoner's progression plan, including those actions, which are agreed following an adverse circumstance.

 

3. Response 1 – The Scottish Prison Service (SPS) will begin an exercise later this year to consolidate and update the SPS Risk Management, Progression and Temporary Release Guidance 2018, and we will include the requirements of the above recommendation as part of the update. In the meantime, we will issue a Governors and Managers Action Notice, asking all establishments to ensure that they have arrangements in place to keep under review actions which form part of a prisoners’ progression plan.

 

4. Recommendation 2 – Review practice and guidance on communication between Risk Management Teams and prisoners to ensure that Risk Management Teams provide prisoners with sufficient, accurate and timely information about their progression, and that information is provided in the manner which best safeguards the prisoner's I recommended that, as a minimum, Risk Management Teams be required to agree, and keep under review at each meeting, a communication plan addressing:

 

• The prisoner's attendance at Risk Management Team meetings;

 

• The means through which the prisoner can communicate with, or make representations to, the Risk Management Team;
• The means through which the Risk Management Team will, as a matter of routine, keep the prisoner advised of progress; and
• The arrangements for communicating individual decisions of the Risk Management Team to the prisoner.

 

5. Response 2 - SPS considers that it is appropriate for operational and security purposes a prisoner's attendance at Risk Management Team (RMT) meetings should remain at the discretion of the RMT Chair who will decide, on a case-by-case basis, whether attendance is appropriate.

 

6. A prisoner is able to make representation at all RMTs, either in person if the RMT Chair considers their attendance appropriate or through written representations.

 

7. SPS introduced changes in July 2021 to the SPS Risk Management, Progression and Temporary Release Guidance 2018 to include a requirement that individuals in our care be informed of Risk Management Team (RMT) decisions. For those prisoners that attend an RMT meeting, the RMT is required to advise the individual of their decision(s) and to confirm in the RMT minute that they have done Those prisoners who do not attend an RMT are also advised of the outcomes and are offered the opportunity to meet and discuss the details of the RMT’s decision (s) with their Personal Officer. Personal Officers are required to record in the SPS Electronic Prisoners Records (PR2), details of any such meetings with the person in custody together with the date and time of the meeting.

 

8. Recommendation 3 - Require Risk Management Teams to: undertake an assessment of the risks to a prisoner's welfare arising from decisions affecting the prisoner's progression; and agree, and keep under review, a risk management plan in respect of any identified risks.

 

9. Response 3 – SPS has in place an assessment process to manage risks to a prisoner’s welfare using Talk to Me (hereinafter referred to as ‘TTM’). TTM is the Scottish Prison Service’s suicide prevention Where a prisoner appears to be at risk of suicide or self-harm, the TTM Strategy can be initiated, and an appropriate care plan put in place (e.g. the prisoner can be placed under observations, in a safer cell, with strong clothing if assessed necessary). A prisoner will be managed on TTM until they are no longer deemed to be at risk of suicide or self-harm.

 

10 All staff (including SPS, NHS and Education staff) with unsupervised contact with prisoners receive core TTM training, others will be provided with TTM Awareness Training. As part of the

 

core TTM training, staff are trained to spot cues and clues that may indicate a prisoner is at risk of suicide or self-harm.

 

11. On the 14 April 2021, the Crown by way of email, provided SPS’ written response in relation to Sheriff McIntyre’s queries in regards to these matters and as advised in the response, the SPS National Suicide Prevention Management Group (NSPMG) considered whether there should be a risk assessment (Talk to Me Reception Risk Assessment, RRA) completed following an RMT decision. The NSPMG determined as follows, Prisoners are subject to many decisions that impact on them throughout their time in custody and staff are trained and skilled at identifying where a prisoner’s presentation may mean they are a risk of An RMT decision is no different. The NSPMG agreed that it is for staff to assess someone after an RMT decision to determine if they are at risk of suicide and raise their concern via the concern form.

 

12. For information - The NSPMG are the governance body for SPS Suicide Prevention Strategy: Talk to Me. The NSPMG has a strategic and national coordinating role to support the SPS Suicide Prevention Strategy: Talk to This is a multi-agency group with representation from SPS, NHS Health Board Lead, Samaritans, Families Outside, Breathing Space and Health Scotland.

 

13. Recommendation 4 - Require that assessments and decisions related to progression, including risk assessments and decisions following an adverse circumstance, are made only by a fully constituted Risk Management Team, which includes a medical member.

 

14. Response 4 - SPS will issue guidance to all establishments to reinforce the requirement of the current Guidance that the core membership of the RMT must be asked to attend all RMT meetings with the exception of Adverse Circumstance RMTs. As Adverse Circumstances RMTs require decisions to be taken quickly to react to an operational or public safety concern, often based on the increased risk a person may be presenting, it would not be possible for all such decisions to be taken by a ‘fully constituted RMT’.

 

15. Core membership includes; the Chair who will be either the Deputy Governor, the Governor in Charge or in the case of Adverse Circumstance RMTs, the senior manager on duty can chair the meeting; Prison Based Social Worker; SPS Psychologist; Health Centre Professional. SPS is not able to mandate that NHS staff attend such meetings, as the provision of prisoner health care including attendance at RMT is a matter for Local NHS Health Boards and not SPS, but SPS can and will ask them to attend,

 

 

 

Scottish Prison Service August 2022