Independent Review of the Response to Deaths in Prison Custody: progress report - follow up

Oversight of recommendations of review into response to deaths in prison custody: Chair – terms of reference

Purpose

1. The Independent Review of the Response to Deaths in Prison Custody was commissioned by the Cabinet Secretary for Justice on 7 November 2019. The Review was led by Wendy Sinclair-Gieben, Chief Inspector of Her Majesty’s Prisons in Scotland (HMCIPS) and co-chaired by Professor Nancy Loucks, Chief Executive of Families Outside, and Judith Robertson, Chair of the Scottish Human Rights Commission.

2. The Review, which published on 30 November 2021, made 26 recommendations, which are relevant to the SPS, NHS, COPFS and the Scottish Government.

3. A Chair to drive forward and ensure rapid and robust responses and independent oversight of the Review recommendations is to be appointed.

Chair – Appointment and Status

4. The Chair will be appointed and report to the Cabinet Secretary for Justice and Veterans for a fixed term of eighteen months in the first instance, on terms which would recognise the need for operational independence from Ministers in how the work of the action group is undertaken, balanced with giving the Chair an authoritative mandate to act on behalf of the Justice Secretary in some aspects of work.

5. As an independent appointment, the Chair will provide strategic leadership to and oversight of the delivery of recommendations as set out in the HM Chief Inspector of Prisons for Scotland’s Independent Review of the Response to Deaths in Prison Custody, published on 30 November 2021. The Chair will meet regularly with and report to, the Cabinet Secretary for Justice and Veterans (at least quarterly) to discuss progress.

Role and Responsibilities

6. The Chair will be responsible for the provision of strategic leadership and oversight of the delivery of all recommendations set out in the HM Chief Inspector of Prisons for Scotland’s Independent Review of the Response to Deaths in Prison Custody.

7. The Chair may appoint a death in prison custody action group (DiPCAG) of stakeholders from the Scottish Government, NHS Health Boards, the Scottish Prison Service (SPS) and the Crown Office of the Procurator Fiscal Scotland (COPFS) and others as required, which will be led by the Chair, supported by a policy co-ordination and secretariat function.

8. A DiPCAG may oversee the programme of work necessary to make suggested improvements and meet the recommendations, so as to improve the response to all deaths in prison custody by relevant agencies.

9. The Chair, with the secretariat, will be responsible for the development of an action plan of identified actions and priorities to achieve the recommendations in practice.

10. The Chair will initiate and drive engagement with all relevant stakeholders, including but not limited to Scottish Government, COPFS, Scottish Prison Service, Police Scotland and NHS Health Boards as required.

11. The role of the Chair will not impinge on, nor undermine the roles of the Lord Advocate, who has responsibility for COPFS and is the independent head of the system for the investigation of sudden and suspicious deaths.

12. The independent Chair should ensure that where appropriate, advice is sought from the Lord Advocate throughout the life of the group and will ensure that the work of the group is informed by that advice.

13. As well as group engagement with stakeholders, the main operational role will be in chairing the action group, which will meet quarterly or as agreed by the group. The secretariat will provide the Chair with policy co-ordination and strategic secretariat support and will coordinate a series of early introductory meetings with key partners.

14. The Chair will be responsible for reporting regularly to the Cabinet Secretary for Justice and Veterans on progress, so as to ensure Ministers can report on/ outline initial progress to Parliament by Summer 2022.

15. Ministers would like to announce the appointment of a Chair by March 2022, with an immediate start. The Chair will be expected to remain in place until September 2023, or until all recommendations have been implemented/ and are underway. Members of the action group will not be remunerated but expenses such as travel and subsistence will be paid at normal Scottish Government rates, unless this is already covered by attendees regular working arrangements.

Resources

16. To support the Chair and the action group, we will have a secretariat of 1 C-Band staff member from within the SG Justice Directorate. The secretariat will co-ordinate the programme of work, liaising with stakeholders to ensure implementation of the recommendations, as well providing secretariat support at meetings.

Accountability, Decision Making and Reporting

17. The Chair or action group is not established on a statutory basis. It is therefore not subject to the formal public appointments process and the requirements of the Code of Practice for Ministerial Appointments to Public Bodies in Scotland.

18. The Chair is an independent and time-limited oversight resource. It has no executive functions. It will report to Scottish Ministers on progress.