Report – Police Scotland – PIRC/00111/24
The Complaints
The complaints in this case arose after Police Scotland conducted welfare checks on the applicant’s son and her subsequent detention under the Mental Health (Scotland) Act 2003. On 21 February and 25 February police officers conducted welfare checks on the applicant’s son after a reported concern for his welfare. On both occasions, the applicant’s son was found to be safe and well. On 12 April 2023, the applicant contacted the police about an unrelated matter and officers attended her address due to concerns for her wellbeing. The applicant was subsequently detained under the Mental Health (Care and Treatment) (Scotland) Act 2003. We have reviewed the handling of four complaints, namely that:
On 18 February 2023, Police Scotland carried out an unnecessary welfare check on the applicant’s son.
On 24 February 2023, Police Scotland carried out an unnecessary welfare check on the applicant’s son.
On 24 February 2023, officers threatened to break down the applicant's door, and
On 12 April 2023, officers detained the applicant in the presence of her son.
Police Scotland's Decision
Police Scotland did not uphold the applicant’s complaints.
Our Findings
We have found that Police Scotland handled complaints 1, 2 and 3 to a reasonable standard but not so complaint 4.
Consequently, we have made a recommendation to address the shortcomings in Police Scotland’s handling of complaint 4. In summary, we have recommended that Police Scotland record a separate complaint and conduct further necessary and proportionate enquiries into the same. Thereafter, the applicant should be issued with a further response that explains whether the complaint is upheld/not upheld and the rationale for the determination reached.
We have also identified two learning points relating to the administration of the complaints.
Our recommendation and learning points should be implemented by Police Scotland within two months of the date of this report.
Outcome
Police Scotland implemented one recommendation and two learning points in this case. In doing so, Police Scotland recorded two separate complaints and conducted further enquiries into both matters. Police Scotland thereafter provided the applicant with a further response which was well reasoned and identified learning for officers involved. The two learning points were shared and accepted by the staff member involved.
Police Bodies: Police Scotland