Scottish Human Rights Commission warns prison complaints system is not working

The Scottish Human Rights Commission publishes a new report exposing serious failings in the way complaints are handled in Scotland’s prisons.

The report 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. This is our latest report in our spotlight on Access to Justice.

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.

The Scottish Human Rights 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 reveals 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.

Read the full report and Executive Summary.

The SHRC has recently co-produced a guide to rights under the prison rules for the first time with Parkhead Citizens Advice Bureau in July 2025.

SHRC recommends 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. The guide should be translated into community languages and made available in accessible formats, including British Sign Language and easy read.

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For media enquiries, please contact media@scottishhumanrights.com or Rosie McIntosh on 07553 430994

Notes to Editors:

  1. People in prison most often complained about mistreatment, and poor conditions from 2021 to 2024. This is alongside concerns over access to healthcare, time out of cell, and discrimination or harassment.
  2. You can find out more about our spotlight work on Access to Justice for potential human rights breaches.
  3. Read more about the guide to rights under the prison rules.
  4. The guide was recently produced by the Scottish Human Rights Commission and Parkhead Citizens Advice Bureau and printed and published by the Scottish Prison Service. Find it online on the Scottish Prison Service website.