Complaint Handling Reviews

The Complaints

The complaints in this case arose after the applicant was stopped by police officers when driving a van. The officers inspected the van and noted defects in the condition of the tyres. A ticket was issued to the applicant which gave him an opportunity to make the vehicle roadworthy as an alternative to prosecution (provided he complied with its terms). The applicant arranged for the repairs to be carried out and returned the ticket to the relevant police station. The ticket was returned to the applicant as the repair work did not appear to have been certified correctly. The applicant made further efforts to comply, however Police Scotland decided that the applicant had not returned a properly completed ticket to them within the correct time limit. The applicant was subsequently reported to the Crown Office and Procurator Fiscal Service (COPFS).

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

1. Officers issued the applicant with a Vehicle Defect Rectification Scheme (VDRS) ticket instead of prosecution, but he was still reported to the Crown Office and Procurator Fiscal Service (COPFS); and
2. Officers did not explain to the applicant that repair work had to be signed off by an authorised vehicle tester.

Police Scotland's Decision

Police Scotland did not uphold either of the applicant’s complaints

Our Findings

We have found that Police Scotland handled complaint 2 to a reasonable standard but not so complaint 1. Consequently, we have made a single recommendation to address the shortcomings in Police Scotland’s handling of complaint 1. In summary, we recommend that Police Scotland reassess the material information, and provide the applicant with a further response which gives a clear rationale for whichever conclusion is reached.

Our recommendation 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.

Police Bodies: Police Scotland