Complaint Handling Reviews

The Complaints

The complaint in this case arose after the applicant was involved in a road traffic collision, which was reported to Police Scotland by the driver of the other vehicle involved. We have reviewed the handling of four complaints, namely that:

1. the applicant was informed that a “separate report” would be submitted to the Procurator Fiscal after he made statements about the incident; 
2. the applicant was informed that no recommendations would be made in the report that was submitted to the Procurator Fiscal, but he subsequently discovered that he had been classified as the accused person;
3. the applicant was not provided with details of what he was being prosecuted with or informed why he was required to attend a “safe and considerate” driver course; and
4. an officer was vague in his responses when the applicant asked if he “condoned” the actions of the other driver and was unable to explain why the applicant had been charged.

Police Scotland’s Decision

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

Our Findings

We have found that Police Scotland handled complaint 2 to a reasonable standard, but not so complaints 1, 3 and 4. 

We have made two recommendations to address the shortcomings in Police Scotland’s handling of complaints 3 and 4. In summary, we have recommended that Police Scotland undertake further enquiry, reassess the complaints and provide the applicant with fresh responses. 

We have also identified a learning point in relation to Police Scotland’s administration of the complaints.  

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

Outcome

Police Scotland implemented two recommendations and a learning point in this case. In doing so, Police Scotland conducted further enquiries and re-assessed two of the complaints in line with our recommendation. A further response was then provided to the applicant, which was well-reasoned and clearly set out why the two complaints were now upheld. An apology was also provided to the applicant and appropriate learning identified and disseminated to one of the subject officers, as the other had retired. The complaint enquiry officer was also reminded of the importance of obtaining a statement of complaint and agreeing the heads of complaint with the complainer as part of the complaint enquiry, as set out in our learning point. 

Police Bodies: Police Scotland