Complaint Handling Reviews

The Complaints

The complaints in this case arose following an incident at the applicant’s workplace, as a result of which he was charged with assault. We have reviewed the handling of seven complaints, namely that:

1. officers carried out insufficient enquiries into the allegation of assault made against the applicant;

2. officers colluded in writing their statements in relation to the allegation of assault made against the applicant;

3. an officer said in her statement that she saw the applicant pull the alleged victim’s arm “right up his back”, which was untrue;

4. officers said in their statements that the applicant had told them the alleged victim was “trying to film [the applicant] and being a nuisance”, which was untrue;

5. an officer told the applicant that the allegation of assault against him was corroborated by statements from the alleged victim’s friends and passers-by, which was untrue;

6. officers failed to investigate the applicant’s report of assault made on 21 February 2020; and

7. an officers’ disclosure to the applicant’s professional regulator regarding the criminal case against him contained inaccurate information.

Police Scotland’s Decision

Police Scotland upheld complaints 1, 4 and 6 and did not uphold complaints 2, 3, 5 and 7.

Our Findings

We have found that Police Scotland handled four of the applicant’s complaints to a reasonable standard (1, 4, 5 and 6) but not so the other three (2, 3 and 7).

We have made three recommendations to address the shortcomings in Police Scotland’s handling of the complaints.

In relation to complaint 2, we recommend that this is reassessed with reference to the observations made in our report, while further enquiries should be carried out in relation to complaints 3 and 7. A further response should then be sent to the applicant.

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

Outcome

Police Scotland implemented all recommendations made in this case. In doing so, they carried out further enquiries into complaints 3 and 7, following which these complaints were reassessed.

Complaint 2 was also reassessed. A further response was sent to the applicant outlining the enquiries and reassessment undertaken in relation to complaints 2 and 7, albeit details in relation to complaint 3 cannot be provided until the conclusion of proceedings in the associated criminal case.

While complaints 2 and 7 remain not upheld, organisational learning in relation to complaint 2 and the content of officers’ individual statements has been identified, with individual learning also being identified in relation to complaint 7.

All learning identified has been appropriately disseminated.

Police Bodies : Police Scotland