Complaint Handling Reviews

The Complaints

The complaint in this case arose after the applicant was arrested and charged with assault of a prisoner while working as a prison officer We have reviewed the handling of six complaints, namely that: 

1. In March 2021, the police failed to carry out sufficient enquiry into the crime of which the applicant was accused;
2. On 31 March 2021, the applicant was arrested at approximately 1400 hours but was told he would not be interviewed until 1900 hours when the interviewing officer commenced duty;
3. On the same date the applicant was asked questions during police interview that were irrelevant;
4. On the same date, the applicant was released from custody without being asked all of the required Care in Custody questions
5. On 8 April 2021, an officer, knowing that there was a threat made against the applicant, failed to charge the witness despite evidence being available ; and
6.  Police disclosed the applicant’s home address to the Procurator Fiscal instead of listing his disclosable address.

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, 3, 4, 5 and 6 to a reasonable standard but not so complaint 1. 

We have made one recommendation to address the shortcomings in Police Scotland’s handling of the complaints . In summary we have recommended that Police Scotland re-assesses all the available information in relation to this complaint. Thereafter, Police Scotland should provide the applicant with a well-reasoned further response which explains whether the complaint is upheld or not upheld, and clearly outlines the rationale for the determination reached.

We have also identified two individual learning points in relation to the administration of the applicant’s 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 the recommendation in this case. In doing so, Police Scotland conducted further enquiries, identified additional lines of enquiry and consequently provided the applicant with a well-reasoned response. As a result, the complaint was upheld. In addition, learning related to the applicant’s complaint was shared and accepted. 

Police Bodies: Police Scotland