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Home Office;Prison Service

Answer

Mr. Madden: To ask the Secretary of State for the Home Department what rights prisoners detained in England and Wales have to secure a second medical opinion and appropriate treatment, with particular reference to drug dependent prisoners. [9164] Miss Ann Widdecombe: [holding answer 16 December 1996]: Responsibility for this matter has been delegated to the Director General of the Prison Service, who has been asked to arrange for a reply to be given. Letter from Richard Tilt to Mr. Max Madden, dated 18 December 1996: The Home Secretary has asked me to respond to your recent Question about the rights of prisoners, detained in England and Wales prisons, to secure a second medical opinion and appropriate treatment, with particular reference to drug dependant prisoners. Neither unconvicted or convicted prisoners have an automatic right to seek a second medical opinion from NHS or private health care services. Where however, a second opinion is thought necessary by the prison medical officer, arrangements are made for the prisoner to be examined by a visiting NHS clinician, or transferred to a NHS hospital for examination or treatment. Notwithstanding the above, if an unconvicted prisoner wishes to secure a second medical opinion, he or she may be visited and treated in prison by a nominated doctor if the following conditions are met: The inmate is able and willing to pay the expenses incurred. The Governor is satisfied that there are reasonable grounds for such a request. A convicted prisoner does not have this automatic right. In exceptional circumstances a prisoner, whether convicted or unconvicted, may receive in-patient treatment in a private hospital or clinic, or a private room in a National Health Service Hospital. For this to occur the medical officer must be satisfied that the following conditions are met: Hospital inpatient treatment is necessary. It is clinically advisable that the treatment is carried out during the period that the prisoner is in custody. The treatment cannot be carried out in a prison service health care centre and that the prisoner could be treated significantly earlier, privately in a hospital within reasonable distance of the prison than under NHS arrangements or They had an appointment for private in-patient treatment before they came into prison. The governor must also satisfy himself that: The inmate has sufficient funds or adequate private insurance to meet all costs, including the bedwatch. These conditions apply to all medical and dental conditions, including the treatment of drug dependency.

Secondary information

Type

Written question

Reference

9164; 287 c726-7W;287 c727-8W

Session

1996-97

Subjects

Health services Drugs Prisoners Prisons Misuse Prisoners' rights