PART 12REQUESTS AND COMPLAINTS
Complaints to the Governor in relation to confidential matters124
1
This rule applies to complaints made by a prisoner to the Governor concerning any confidential matter.
2
A complaint to which this rule applies must be—
a
made in writing;
b
placed in a sealed envelope; and
c
given to the residential officer, who must convey the complaint to the Governor without delay.
F12A
Where a prisoner makes a request to an independent prison monitor for assistance in making a complaint to the Governor under paragraph (2), the independent prison monitor may provide such assistance to the prisoner as the independent prison monitor considers appropriate.
3
Where the Governor is of the opinion that a complaint made under paragraph (2) is not about a confidential matter and is therefore not a complaint to which this rule applies, the Governor must—
a
inform the prisoner as soon as reasonably practicable that the complaint is one which should be made in accordance with rule 122; and
b
return the written complaint to the prisoner in a sealed envelope.
4
Subject to paragraph (5), the Governor must consider any complaint to which this rule applies and inform the prisoner in writing and in a sealed envelope of his or her decision within 7 days of the complaint being made and of the reasons for that decision.
5
If, in exceptional circumstances, the Governor is unable to give a decision within the period specified in paragraph (4), he or she must—
a
inform the prisoner of the reasons for the delay;
b
advise the prisoner of the timescale within which the decision will be given; and
c
inform the prisoner in writing and in a sealed envelope of the decision and of the reasons for the decision as soon as practicable.
6
The Governor, upon issuing a decision to the prisoner under paragraphs (4) or (5), must inform the prisoner of the process by which the complaint may be referred to the Scottish Public Services Ombudsman.
7
For the purposes of this rule—
a
a “confidential matter” is any matter which, in the opinion of the Governor, is of an exceptionally sensitive or serious nature; and
b
“residential officer” means an officer who is required by the Governor to supervise areas of living accommodation for prisoners under the management of the residential first line manager.