Report - Police Scotland - PIRC/00021/24
The Complaint
The complaints in this case arose after the applicant reported that he was the victim of an assault and theft. Officers attended and took a statement from the applicant. He reported that the incident took place on a street outside NHS premises and provided a description of the assailants. Although there appeared to be CCTV cameras covering the scene of the incident, CCTV footage of the incident was not recovered.
We have reviewed the handling of one complaint, namely that:
Police Scotland did not recover CCTV to assist with their investigation into the assault and theft the applicant reported on 16 August 2023.
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 recommendation to address the shortcomings in Police Scotland’s handling of the complaint. In summary, we have asked Police Scotland to re-assess the categorisation of the complaint and provide the applicant with a further, well-reasoned, response which gives a clear rationale for the conclusion reached.
We have also identified a learning point in relation to Police Scotland’s administration of the complaint.
Our recommendation and learning point should be implemented by Police Scotland within two months of the date of this report.
Outcome
Police Scotland implemented one recommendation in this case. In doing so, Police Scotland re-assessed the information available, and provided the applicant with a well-reasoned further response now upholding the complaint. Police Scotland apologised to the applicant. In addition to implementing our recommendation, Police Scotland also implemented one learning point, whereby complaint enquiry officers were reminded to familiarise themselves with the PIRC's statutory Guidance, specifically the paragraphs relative to the use of FLR and subsequent non-investigations provisions. Officers were also directed to familiarise themselves with the 'Definitions of Categories of Complaint' in Police Scotland's Complaints about the Police Standard Operating to ensure that when assessing complaints in the future the approach taken is consistent with PIRC's guidance and the Complaints SOP. We have received confirmation from Police Scotland that this learning has been shared accordingly.
Police Bodies: Police Scotland