Parents say son's abusers given slap on the wrist

The parents of a 14-year-old boy who was tied to a chair and forced to apologise for being gay say the teenagers involved have been given a "slap on the wrist" by Scotland's justice system.

A video clip viewed by the BBC shows the boy sitting in a derelict building with his wrists bound and a stick placed at this throat.

Police arrested two 16-year-olds and a 15-year-old and charged them in connection with an abduction and assault but none were taken to court, despite Scotland's top law officer describing the incident as "a horrendous experience".

Instead the case was referred to the Scottish Children's Reporter Administration (SCRA), which appointed a social worker to work with one of the youths.

The boy’s parents have not been told what action if any was taken in respect of the two other teenagers.

The SCRA told the BBC rules on confidentiality limit what it can disclose about its decisions.

Scottish government policy is to avoid sending children to the criminal justice system whenever possible and to support them to change their behaviour.

The boy's mother said: "Our view was that this was a hate crime.

"We feel that we've all been traumatised by the system and the lack of support and justice for our son, who was clearly the victim of serious crimes."

The incident last summer was followed by another assault on the boy in January this year. That too resulted in the alleged perpetrator being referred to the Children's Reporter.

None of the individuals involved can be named because of their age.

The boy's mother and father say another parent sent them a video of the first incident on the night it took place in Glasgow.

Their son told them he had gone to the building with friends and was assaulted by the other teenagers after they made him admit he was gay.

His mother said: "The video showed our son with his wrists bound, tied to a chair. He looked to be in distress and there was a stick being pushed under his throat.

"The boy that was pushing the stick was saying 'say sorry'. I felt like I'd been punched in the stomach."

The mother says her son told her there was a petrol can in the room and he was hit with the stick.

"It haunts us, thinking what must have been going through his head, knowing he couldn't escape," she says.

"He was told things like he would get his head cut off in Iran for being gay."

Their son said he was freed after the teenagers heard sirens in the distance.

“The parents praised the "fantastic" response from Police Scotland, saying uniformed officers and detectives told them the case would be taken seriously.

The family believed the case was going to be dealt with at Glasgow Sheriff Court but after making inquiries, they learned it had been referred to the Children's Reporter.

They say that in the weeks that followed, they struggled to find out what was happening.

In March this year, more than eight months after the incident, the SCRA wrote to tell them the final outcome.

A social worker was to work with one of the teenagers "on their behaviour and any other issues in their life".

The SCRA decided not to refer any of the three teenagers to a children's hearing, a process which can lead to the imposition of compulsory supervision orders.

The boy's father said: "I just couldn't believe that they had chosen that route. We're in an absolute state of shock."

"We understand that Scotland and society doesn’t want to unduly criminalise children but we feel the only deterrent for these boys to never terrorise anyone like this again was for them to be dealt with in court,” the boy's mother says.

The parents say their son, now 15, has left school because he no longer feels safe. They worry about him every time he leaves home.

Scottish Conservative MSP Russell Findlay raised the case with the head of Scotland's prosecution service, Lord Advocate Dorothy Bain KC.

She told him the Crown Office and Procurator Fiscal Service (COPFS) had taken considerable time to consider all of the evidence.

Ms Bain wrote: "I do appreciate that this must have been a horrendous experience for your constituent's son."

The lord advocate said the decisions on the case were taken by the Crown in consultation with the SCRA.

She said they had to balance the undoubted seriousness of the offence with the best interests of the child victim and the child suspects.

They also had to consider what the outcome would be if the case was sent to court.

The lord advocate said the decision to refer the case to the SCRA was final and could not be appealed.

She said an error had led to the parents not being informed of the decision and apologised.

Mr Findlay said: "Instead of being treated as a criminal matter, it was diverted to a process whereby the alleged perpetrators' interests were prioritised.

"If that's the direction of travel, the justice system at the very least has to be upfront with the victims and the victims' families."

A spokesperson for the COPFS said: "We appreciate the impact this traumatic experience has caused the victim and their family.

"As public prosecutors, and in keeping with our legal obligations, we require to make decisions considering the rights of all children involved in a case, who must be treated differently from adults in the criminal justice system.

“COPFS and partner agencies are committed to improving the experiences of victims and witnesses, who are at the heart of what we do."

The Scottish government told BBC Scotland News that any violence was unacceptable.

A spokesperson said: "Taking action to improve the experiences of child victims and their families is a key priority in the Children (Care and Justice) Act which has wide-ranging measures to ensure age-appropriate justice is delivered, keeping children out of prison and introducing a new victims’ single point of contact service.

“By addressing young people’s underlying needs, our approach to youth justice has delivered major reductions to Reporter referrals, court appearances and custody over the past 10 years.”

The Scottish Children's Reporter Administration said the Children’s Hearings system uses the same requirements for evidence as the courts.

A child could only be referred to a hearing if there was sufficient evidence and a need for compulsory supervision.

A spokesman said: “We are required by law to maintain strict confidentiality in relation to every child referred to us.

“Confidentiality and privacy sometimes mean we are unable to provide victims, or the general public with information that may more full explain our decisions.”