Scottish Daily Mail

Prisoners still winning claims for slopping out

- By Dean Herbert

PRISON chiefs are still paying out thousands of pounds in ‘slopping out’ compensati­on more than a decade after a human rights ruling which resulted in a deluge of claims.

The Scottish Prison Service (SPS) has spent more than £15,000 during the past two years settling sloppingou­t cases, despite new bids being halted six years ago.

Historic claims are still being settled 13 years on from a landmark court ruling which deemed that making prisoners use chamber pots and chemical toilets in cells was a breach of their human rights.

Since then, hundreds of cases have been lodged against the SPS, costing the taxpayer tens of millions of pounds.

But despite new claims being halted in 2009 – after legislatio­n imposing a one-year time-bar was passed – documents show that SPS chiefs were forced to settle ten cases totalling £15,300 during 2015 and last year.

The claims were among 230 successful compensati­on claims lodged by prisoners over two years, which left taxpayers with a bill of £79,519.

The level of compensati­on awarded by the SPS has given rise to fears that many criminals are ‘playing the system’.

Tory justice spokesman Liam Kerr said: ‘This is hugely frustratin­g because this issue should have been nipped in the bud years ago.

‘Instead, taxpayers are still having to pay out as a result of these chancing criminals.

‘We simply cannot allow prisoners and their legal teams to continue to play the system in this manner.’

Figures obtained under the Freedom of Informatio­n Act show that prisoners were awarded up to £11,250 each after suing for property damage, unlawful detention, personal injury and human rights issues.

One inmate was found to have made a successful claim against the SPS for damage to property worth only £3.

James Price, campaign manager for the TaxPayers’ Alliance, said: ‘Taxpayers will be concerned that the compensati­on culture is getting out of control, which in this case is costing them years after the ban.’

He added: ‘The UK’s prison system is in clear need of reform and it requires more transparen­cy on how money is being spent, so that larger payouts are not required later if the prisons are not fit for purpose.’

The claims began in 2004 when Robert Napier won his test case against slopping-out at Barlinnie.

Napier, a remand prisoner at the time, raised a legal challenge in 2001 under the European Convention on Human Rights, in which he sought £5,000.

He had been arrested after failing to appear at court on robbery, assault and abduction charges.

An SPS spokesman said it would be ‘inappropri­ate to discuss individual claims’, adding: ‘The SPS recognises that where the court supports a claim, that appropriat­e compensati­on should be paid.’

‘Chancing criminals’

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