PRISONERS in Scotland risk having their human rights breached over serious failings in the way complaints are handled, a new report has warned.
The Scottish Human Rights Commission (SHRC) says its investigation found the current system leaves inmates unable to challenge mistreatment, poor conditions, or human rights violations.
The watchdog says prisoners fear that even reporting mistreatment would result in retribution and punishment that will make their time behind bars worse.
It raised concerns that the prison complaints system does not meet the human rights afforded to prisoners around access to justice.
“The SHRC is concerned that there is a real risk that a prisoner in Scotland will experience a situation that may amount to a human rights violation, and it is highly unlikely that a prisoner would be able to easily pursue justice,” the SHRC said in its report.
The SHRC said Scotland’s prison complaints system is not working because it is overly complex and inaccessible, meaning it is effectively closed off to many inmates, especially disabled people, those with lower levels of literacy, and anyone whose first language is not English.
It said data around complaints is incomplete, inaccessible, and not disaggregated – making accountability “near-impossible”.
The complaints system in prisons is still paper-based and requires a prisoner to submit a written form.
Meanwhile, independent support or advice and legal advice is hard to access, the investigation found.
The SHRC said the current system “cannot and should not continue unchanged” and recommended urgent review.
It also recommends that the Scottish Prison Service (SPS) and the Scottish Government ensure that the guide to the rules is made available to people in prisons across Scotland and their families.
The guide should be translated into community languages and made available in accessible formats, including British Sign Language and easy read, it added.
Professor Angela O’Hagan, SHRC chairwoman, 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 Prison Service to urgently reform the prison complaints system, ensuring it is grounded in human rights and shaped by those with lived experience.”
A spokesperson for SPS said: “The rights, health, and wellbeing of all those in our care is a key priority.
“We have just printed, published, and distributed the Prison Rules in a new accessible form to all our establishments.
“These booklets, which were produced by the Scottish Human Rights Commission (SHRC) and Parkhead Citizens Advice Bureau, seek to ensure everyone in our care know their rights and how to raise complaints.
“We welcome this new report by the SHRC, and will carefully consider its recommendations, as we continually seek to improve how we support people in their personal journeys to better futures.”
