Professor Angela O’Hagan

In a new report it finds that the current system is failing to meet human rights standards, leaving people in prison unable to challenge mistreatment, poor conditions or human rights violations.

The SHRC warns that Scotland’s prison complaints process is complex and inaccessible, and it is effectively closed off to many people in prison, especially disabled people, people with lower literacy and people whose first language is not English.

Commission chair, Professor Angela O’Hagan, said: “Our report brings to public attention the hidden corners of Scotland’s justice system. Without an effective complaints process, there is simply no route to justice for many people in prison — and limited ways for the system to learn and improve. That is unacceptable in a country committed to upholding human rights.

“People entering prison should not lose their human rights at the prison gate. Scotland must do better to ensure access to justice in prisons is not just a promise, but a reality – for everyone.

“The Scottish Human Rights Commission is calling on the Scottish government and the Scottish Prisons Service to urgently reform the prison complaints system, ensuring it is grounded in human rights and shaped by those with lived experience.”

The report finds that:

• Many people in prison fear reprisal or punishment for complaining.
• Complaints data is incomplete, inaccessible and not disaggregated making accountability near-impossible.
• The complaints system is paper-based and requires a prisoner to submit a written form.
• Independent support or advocacy and legal advice is hard to access.

SHRC recommended that the Scottish Prison Service and the Scottish government ensure that the guide to the rules is made available to people in prisons across Scotland, and their families.