Complaint Handling Reviews

The Complaint

The complaint in this case arose after the applicant and a parking attendant reported each other to Police Scotland for assault, following an altercation between the pair. The parking attendant spoke with officers a few hours after the incident. The applicant attended his local police station later that day to provide further information and showed mobile phone footage of the incident to separate officers. On 14 June 2023 a report was submitted to the Crown Office and Procurator Fiscal Service (COPFS) for common assault, with the applicant as the accused. The applicant subsequently appeared at court and was found not guilty. We have reviewed the handling of one complaint, namely that: 

1. the applicant is dissatisfied that he was reported by the police for assault. 

Police Scotland's Decision

Police Scotland did not uphold the applicant’s complaint. 

Our Findings

We have found that Police Scotland did not handle the applicant’s complaint to a reasonable standard. 

Consequently, we have made a single recommendation to address the shortcomings in Police Scotland’s handling of the complaint. In summary, we have recommended that Police Scotland conduct further enquiries, and thereafter provide the applicant with a further well-reasoned response which clearly explains the rationale for the conclusions reached.

Our recommendation should be implemented by Police Scotland within two months of the date of this report. 

Outcome

Police Scotland implemented the recommendation made in this case. In doing so, they recontacted the applicant, took a complaint statement and agreed three heads of complaint. Further enquiries were carried out and the applicant was provided with a well-reasoned response to each complaint. Two complaints were not upheld and one was upheld. The applicant received an apology for the complaint that was upheld and learning was identified for the officers involved and their line managers. 

Police Bodies: Police Scotland