Complaint Handling Reviews

The Complaints

The complaints in this case arose after Police Scotland conducted an investigation into criminal offences alleged to have been committed by the applicant. We have reviewed the handling of eight complaints, namely that: 

1. Police Scotland have not returned all seized items from the time of the applicant's arrest in April 2016;

2. Police Scotland failed in their duty of care towards the applicant as they stopped attending social care ‘Risk and Care Management’ meetings whilst the applicant was on bail for a prolonged period of time, which made the applicant feel anxious and unsupported; 

3. Police Scotland did not provide the applicant with a reason for instructing him to inform his football coach of his bail conditions, even though the applicant’s dad would be in attendance;

4. upon the applicant’s arrest, Police Scotland refused to let him speak to his parents and failed to explain to the applicant and his parents why they could not speak to each other;

5. Police Scotland failed to carry out their investigation within a reasonable time period, despite the applicant's age and the age of other people involved, and despite stating that it would be treated as a priority case;

6. Police Scotland carried out insufficient enquiries into the allegations against the applicant by not seizing all devices from a named person which contained incriminating evidence;

7. Police Scotland did not conduct an impartial investigation; and

8. the applicant is dissatisfied that Police Scotland have placed an intelligence marker preventing the weeding of his CHS record, despite the applicant’s case never reaching a court trial.

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, 6, and 8 to a reasonable standard but not so complaints 1 and 7. 

Consequently, we have made a single recommendation to address the shortcomings in Police Scotland’s handling of complaint 1. In summary, we have recommended that Police Scotland conducts additional enquiries and provides the applicant with a further response to this complaint. 

We have also identified a learning point in connection with the administration of the complaints.

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

Outcome

Police Scotland implemented both the recommendation and learning point made in this case. In doing so, further enquiries were carried out and a further response was issued to the applicant. The complaint remained 'not upheld'. The learning point was disseminated to the enquiry officer.

Police Bodies: Police Scotland