Human Rights Act Article 3 and Discrimination

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Dear Scottish Public Services Ombudsman,

Please provide :

1. Any prepared policy and guidance for dealing with complaints against public bodies where "degrading treatment" or "degraded" forms part of the complaint the service user wants investigated.

2. From 2016-2018 how many complaints from public service users requested "degrading treatment" or "degraded" formed part of the investigation complaint ?

3. How many complaints that were investigated 2016-2018, subsequently investigated whether the service user had been subjected to "degrading treatment" or "degraded" or similar wording as the basis of the complaint?

4. Please provide information regarding whether SPSO investigations meet or are meant to meet the legal requirements of Article 2 / Article 3 of the European Convention on Human Rights that requires an "effective investigation" of complaints of torture, inhuman or degrading conduct.

5. Please provide information that shows how a request for investigation into a public service, where the service user alleged the public service breached Article 3 of the Human Rights Act 1998 would be dealt with. eg Would the SPSO specifically investigate whether a public body had violated a service user's Article 3 or other Human Rights ( Human Rights as specified in Articles 1 to 14 of the Human Rights Act 1998)?

6. If a service user complained of discrimination by a public body, as defined by the Equality Act 2010 s13 or s15, or victimisation as defined at s27, what is the policy of the SPSO regarding investigation of complaints of discrimination or victimisation?

7. In 2016-2018 how many complaints has the SPSO investigated where "discrimination" or "discriminated" or "discriminatory" or "victimised" or "victimisation" formed the basis of the complaint?

Yours faithfully,

COLIN WHITE

Scottish Public Services Ombudsman

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Scottish Public Services Ombudsman

1 Attachment

Dear Mr White

 

Your request for information

 

I refer to your email of 17 September 2019. In your correspondence you ask
for:

 

1.  Any prepared policy and guidance for dealing with complaints against
public bodies where "degrading treatment" or "degraded" forms part of the
complaint the service user wants investigated.

2.  From 2016-2018 how many complaints from public service users requested
"degrading treatment" or "degraded" formed part of the investigation
complaint ?

3.   How many complaints that were investigated 2016-2018, subsequently
investigated  whether the service user had been subjected to "degrading
treatment" or "degraded" or similar wording as the basis of the complaint?

4.  Please provide information regarding whether  SPSO  investigations
meet or are meant to meet the  legal requirements of Article 2 / Article 3
of the European Convention on Human Rights that requires  an "effective
investigation" of complaints of torture, inhuman or degrading  conduct.

5. Please provide information that shows how a request for investigation
into a public service, where the service user alleged the public service
breached  Article 3 of the Human Rights Act 1998 would be dealt with.  eg
Would the SPSO specifically investigate whether a public body had violated
a service user's Article 3 or other Human Rights ( Human Rights as
specified in Articles 1 to 14 of the Human Rights Act 1998)?

6. If a service user complained of discrimination by a public body, as
defined by the Equality Act 2010 s13 or s15, or victimisation as defined
at s27,  what is the policy of the SPSO regarding investigation of
complaints of discrimination or victimisation?

7. In 2016-2018 how many complaints has the SPSO investigated where
"discrimination" or "discriminated" or "discriminatory"  or "victimised"
or "victimisation" formed the basis of the complaint?

 

We will be dealing with your request in line with the Freedom of
Information (Scotland) Act 2002, which provides a right to request access
to information we hold.  The Act states that we must reply to you within
20 working days of us receiving your request.  This means we will reply to
you by 14 October 2019 at the latest.  We will, of course, reply sooner if
we are able to do so.

 

If you have any queries in the meantime, please do not hesitate to contact
us.

 

Yours sincerely

 

 

Elena Carrara | Team Assistant | Scottish Public Services Ombudsman

SPSO, Bridgeside House, 99 McDonald Road, Edinburgh, EH7 4NS | Tel: 0800
377 7330 | [email address] | [1]http://www.spso.org.uk 

 

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Scottish Public Services Ombudsman

3 Attachments

Dear Mr White
Please find attached my response of today's date.
Yours sincerely

Helen Littlemore
Corporate Information Governance Officer

Scottish Public Services Ombudsman
Bridgeside House, 99 McDonald Road, Edinburgh EH7 4NS

We also have a Freepost address: FREEPOST SPSO
If you would like to visit us in person, please call 0800 377 7330 to
arrange an appointment.

 

show quoted sections

Scottish Public Services Ombudsman

3 Attachments

Dear Mr White
Please find attached my response of today's date.
Yours sincerely

Helen Littlemore
Corporate Information Governance Officer

Scottish Public Services Ombudsman
Bridgeside House, 99 McDonald Road, Edinburgh EH7 4NS

We also have a Freepost address: FREEPOST SPSO
If you would like to visit us in person, please call 0800 377 7330 to
arrange an appointment.

 

show quoted sections

Scottish Public Services Ombudsman

3 Attachments

Dear Mr White
Please find attached my response of today's date.
Yours sincerely

Helen Littlemore
Corporate Information Governance Officer

Scottish Public Services Ombudsman
Bridgeside House, 99 McDonald Road, Edinburgh EH7 4NS

We also have a Freepost address: FREEPOST SPSO
If you would like to visit us in person, please call 0800 377 7330 to
arrange an appointment.

 

show quoted sections

Scottish Public Services Ombudsman

3 Attachments

Dear Mr White
Please find attached my response of today's date.
Yours sincerely

Helen Littlemore
Corporate Information Governance Officer

Scottish Public Services Ombudsman
Bridgeside House, 99 McDonald Road, Edinburgh EH7 4NS

We also have a Freepost address: FREEPOST SPSO
If you would like to visit us in person, please call 0800 377 7330 to
arrange an appointment.

 

show quoted sections

Scottish Public Services Ombudsman

3 Attachments

Dear Mr White
Please find attached my response of today's date.
Yours sincerely

Helen Littlemore
Corporate Information Governance Officer

Scottish Public Services Ombudsman
Bridgeside House, 99 McDonald Road, Edinburgh EH7 4NS

We also have a Freepost address: FREEPOST SPSO
If you would like to visit us in person, please call 0800 377 7330 to
arrange an appointment.

 

show quoted sections

Scottish Public Services Ombudsman

3 Attachments

Dear Mr White
Please find attached my response of today's date.
Yours sincerely

Helen Littlemore
Corporate Information Governance Officer

Scottish Public Services Ombudsman
Bridgeside House, 99 McDonald Road, Edinburgh EH7 4NS

We also have a Freepost address: FREEPOST SPSO
If you would like to visit us in person, please call 0800 377 7330 to
arrange an appointment.

 

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