§ Mr. MaddenTo 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 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.
728 - These conditions apply to all medical and dental conditions, including the treatment of drug dependency.