British Sign Language, access to justice and the inequality that remains

With the British Sign Language (Scotland) Act 2015 now in its 10th year, how has access to public services changed for the deaf community? Charles Ho Wang Mak considers the progress made and the challenges that remain.

The British Sign Language (Scotland) Act 2015 signified an important moment in the recognition of language rights for deaf people in Scotland. By enshrining British Sign Language (BSL) in primary legislation, the Act acknowledged deaf citizens as a distinct language community, rather than merely individuals requiring auxiliary aids. This legislative shift has had significant implications for access to justice, public service delivery and the broader landscape of equality and inclusion in Scotland.

The Act has laid vital groundwork, yet BSL users will obtain full access to justice only when public bodies match the law with firm accountability, reliable interpreting resources and an embedded culture of linguistic rights. Let us consider the statutory and policy context the Act created; the response from public bodies, including the courts and police; and the continuing barriers, such as the shortage of interpreters.

Statutory and policy context

The Act requires the Scottish Government to develop a national BSL plan every six years, obliging more than 90 public bodies to publish their own BSL plans after consulting with BSL users. This structure is modelled on the approach taken for Gaelic and reflects a commitment to systemic language planning, rather than relying solely on individual enforcement. The intention is to ensure that BSL users are not left to shoulder the burden of securing their rights but instead benefit from a cultural shift within institutions towards proactive accessibility and inclusion.

The first National BSL Plan, launched in 2017, set out a series of long-term goals, including the aim of providing fair and equal access to Scotland’s civil, criminal and juvenile justice systems for BSL users. The plan outlined specific actions, such as improving interpretation services, enhancing staff training and increasing the availability of accessible information. The second National BSL Plan, published in November 2023, builds on this foundation, refining the focus of actions and emphasising ongoing collaboration with the BSL community. The Scottish Government has committed to establishing an Implementation Advisory Group to provide accountability and ensure that the plan remains responsive to the needs of BSL users.

Response from public bodies

Despite this robust legislative and policy framework, the reality of implementation has been mixed. Progress has been made, but inconsistencies persist across public bodies. An independent review by the Health and Social Care Alliance Scotland in 2024 revealed that only 71% of listed authorities had published plans in relation to BSL (as of 22 August 2024), as required by the Act. This shortfall raises concerns about transparency, accountability and the practical impact of the Act. The absence of strong sanctions for non-compliance means that delivery often relies on goodwill and community pressure, which can result in patchy progress and persistent barriers for BSL users.

Within the justice sector, there have been notable efforts to improve accessibility. The Scottish Courts and Tribunals Service (SCTS) has developed comprehensive BSL plans for 2018-2024 and 2024-2030, which set out objectives and actions to enhance access to justice for BSL users and align with the goals of the National BSL Plan. The SCTS plans include measures such as increasing the availability of BSL interpreters, providing clear guidance to staff on facilitating interpretation services, and engaging regularly with the BSL community to gather feedback and inform service improvements. The SCTS also promotes the use of Contact Scotland BSL, a nationally funded video relay service that enables BSL users to communicate with public services and vice versa.

The courts have made progress in ensuring that deaf parties have access to interpreters, with the state covering the costs in line with the Equality Act 2010 and the Human Rights Act 1998. This development marks a significant step towards fulfilling the right to a fair hearing for BSL users. However, challenges remain, particularly in ensuring that all aspects of the justice process, from administrative enquiries to participation in hearings, are fully accessible and that staff are adequately trained to meet the needs of BSL users.

Police Scotland has also taken steps to improve accessibility, notably through the introduction of the 999 BSL emergency relay service in 2022, which allows deaf callers to access emergency services via real-time BSL interpretation. The police have increased their visibility of BSL services, promoted Contact Scotland BSL and made information about critical services, such as domestic abuse support, available in BSL. Officers are receiving training from deaf tutors to better understand and communicate with BSL users, which represents a positive move towards cultural competence within the force.

Persistent barriers

Nevertheless, the landscape is far from uniform. The availability of qualified BSL interpreters remains a significant challenge, particularly in rural or remote areas, where access to communication support professionals is limited. This shortage can undermine the effectiveness of even the best-intentioned plans and highlights the need for investment in interpreter training and retention. Furthermore, the process of developing and publishing BSL plans has, in some cases, been hampered by a lack of clear communication and oversight between the Scottish Government and listed authorities, as well as by changes in ministerial responsibility for BSL policy.

Recommendations

The 2024 review by the Health and Social Care Alliance Scotland underscored the importance of the timely publication of BSL versions of local plans, not only as a matter of legal compliance but also as a means of ensuring transparency and accountability. The review also identified the need for clearer lines of communication and more robust oversight mechanisms to support consistent delivery of BSL plans across the public sector.

Looking ahead, the success of the British Sign Language (Scotland) Act 2015 and its associated plans will depend on several interconnected factors. First, Scotland needs more rigorous accountability mechanisms that encourage every listed authority to translate statutory promises into daily practice. Parliament could enact a schedule of escalating civil penalties for persistent lack of compliance, require listed authorities to publish annual progress statements, and empower an independent commissioner to investigate complaints, compel remedial action and report publicly. Such external scrutiny would reinforce internal performance indicators and prevent the gradual dilution of duties. Transparent comparative data on waiting times for interpreters would enable communities, researchers and Parliament to measure improvement, and clear national objectives should be embedded within corporate plans and aligned with budget scrutiny processes.

Second, sustained public investment in interpreter education, mentoring and career progression is essential. Scholarships for deaf and hearing students, paid practicum placements within courts and police stations, and funded continuing professional development would enlarge the talent pipeline, reduce regional shortages and raise professional standards.

Third, continuing engagement with the BSL community must be structured, resourced and transparent. Regular forums, co-designed research projects and accessible feedback channels would allow BSL users to shape policy, evaluate progress and hold institutions to account. Consultation should be iterative and responses should be published in English and BSL, with clear explanations of how views influenced decisions.

Finally, a deeper cultural shift is required. Public bodies must treat linguistic equity as a human right, not as a discretionary add-on. Leaders can model this approach by commissioning BSL front-end versions of official announcements, including BSL metrics in corporate scorecards, and celebrating staff who champion language inclusion. Such visible commitment, reinforced by professional training and robust oversight, will help embed respect for BSL throughout Scotland’s justice system.

Conclusion

In conclusion, the 2015 Act has laid a strong foundation for improving access to justice and public services for BSL users in Scotland. The development of national and local BSL plans, the establishment of advisory and implementation groups, and the increasing visibility of BSL within public services all represent significant progress. However, the journey towards full equality and inclusion is ongoing. Addressing the remaining challenges will require a combination of stronger accountability, greater investment in resources and a sustained commitment to partnership with the BSL community. Only then will Scotland realise its ambition of being the best place in the world for BSL users to live, work and participate fully in society.

Written by Charles Ho Wang Mak, lecturer in law at Robert Gordon University