The Prisons and Young Offenders Institutions (Scotland) Rules 2006

Complaints concerning medical treatment

128.—(1) A prisoner who desires to make a complaint to a medical officer concerning any aspect of the care provided by that medical officer at the prison may do so subject to and in accordance with paragraphs (2) to (8).

(2) The prisoner shall make the complaint in writing by–

(a) enclosing the written complaint in a sealed envelope addressed to the medical officer to whom the prisoner wishes to complain; and

(b) giving that sealed envelope to the residential officer, who shall convey the complaint without delay to the medical officer to whom it is addressed.

(3) As soon as reasonably practicable after receiving a complaint in terms of paragraph (2), the medical officer to whom it is made shall inform the Governor in writing that a complaint has been received and thereafter confirm whether the complaint has been satisfactorily resolved.

(4) If a prisoner requires assistance with the making of a complaint, an officer appointed by the Governor for the purpose shall provide such assistance as is reasonably practicable in the circumstances.

(5) A medical officer who receives a complaint in accordance with this rule shall consider the complaint and reply to the prisoner within 7 days of the date on which the complaint was made except where it is not reasonably practicable to do so.

(6) A prisoner may refer the complaint concerning any aspect of the care provided by any medical officer of the prison to the Scottish Ministers if dissatisfied with the reply given by the medical officer in terms of paragraph (5), but the Scottish Ministers shall be under no obligation to consider the complaint unless it has been so referred.

(7) The Scottish Ministers shall give a written decision within 28 days of the date on which the complaint has been referred to them except where it is not reasonably practicable for them to do so.

(8) The Scottish Ministers shall inform the prisoner, the Governor and the medical officer of their decision; and the Governor and the medical officer shall each take any such action as they are required to take to give effect to any instruction which the Scottish Ministers make in relation to the complaint.