Complaint Handling Reviews

The Complaints

The complaints in this case arose after officers stopped the applicant whilst driving his car. The officers asked the applicant to provide his details. In response, the applicant asked the officers why they had carried out the traffic stop. He did not provide them with the details requested. The applicant was subsequently handcuffed and removed from his car. He was then cautioned and charged with an offence under Section 165 of the Road Traffic Act 1988 (“the Act”).

We have reviewed the handling of three complaints, namely that: 

1. An officer used excessive force when he handcuffed the applicant and dragged him from his vehicle;
2. Officers refused to loosen the handcuffs which had been applied too tightly; and
3. Officers did not explain why the applicant was stopped or why he must provide his details.

Police Scotland's Decision

Police Scotland did not uphold any of the applicant’s complaints. 

Our Findings

We have found that Police Scotland handled complaints 2 and 3 to a reasonable standard, but not so complaint 1.

Consequently, we have made a recommendation to address the shortcomings in Police Scotland’s handling of complaint 1. In summary, we have recommended Police Scotland (i) conduct any further enquiry as necessary, (ii) reassess the complaint taking account of our observations, and (iii) consider all available information to reach a well-reasoned position on whether complaint 1 is now upheld or not upheld. Police Scotland should then issue a further letter of response to the applicant that is well-reasoned and clearly explains the conclusions reached. Further, in relation to complaint 1, we have recommended that Police Scotland record each element of the applicant’s complaint as individual heads of complaint.

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

Police Bodies: Police Scotland