Complaint Handling Reviews

The Complaints

The complaints in this case arose after the applicant was charged under Section 38 of the Criminal Justice and Licensing (Scotland) Act 2021 in relation to an incident that occurred on 6 March 2022. 

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

1. on 18 March 2022 police officers did not adhere to protocols when seizing firearms from the applicant’s home;
2. Police Scotland did not seize the applicant’s firearms until 18 March 2022, 12 days after an allegation of criminality was made against him;
3. the applicant was not informed whom, within Police Scotland, requested a suitability review be conducted;
4. a police officer spoke to the applicant in a “glib manner”;
5. a police officer, when asked about the seizure of the applicant’s firearms, said that the police could do what they wanted;
6. on 18 March 2022 the same police officer said that, in her opinion, someone with the applicant’s attitude was not fit to hold a firearms certificate;
7. on 18 March 2022 the same police officer failed to show the applicant a firearms warrant;
8. on 18 March 2022 at the applicant’s home, the same police officer failed to provide the applicant an explanation as to why the warrant had been craved;
9. on 18 March 2022 the same officer was rude and unprofessional;
10. on 18 March 2022 the same officer said she would “call firearms when she called them”;
11. on 18 March 2022 the presence of 9 officers for over two and a half hours was not necessary or proportionate;
12. on 18 March 2022 police officers stood waiting for firearms officers even though the applicant proved the firearms safe to an ex-firearms officer;
13. a police officer obtained a warrant using misleading information;
14. on 6 March 2022 police took hours to respond to the applicant’s wife’s report;
15. on 6 March 2022 police officers failed to question the applicant or his wife;
16. Police Scotland failed to provide the Procurator Fiscal with video recorded evidence;
17. since 6 March 2022 Police Scotland have failed to conduct patrols and deal with offences being committed in two areas;
18. on 6 March 2022 Police Scotland failed to investigate a report of poaching;
19. on 6 march 2022 Police Scotland failed to investigate threats made against the applicant’s wife; and
20. on 4 May 2022 a police officer misquoted legislation when writing to the applicant.

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 3 – 6, 8, 11, 12, 13, 15, 16, 18 and 20 to reasonable standard, but not so complaints 1, 2, 7, 9, 10, 14, 17 and 19.

Consequently, we have made eight recommendations and identified two learning points to address the shortcomings in Police Scotland’s handling of the complaints.   In summary, we have recommended that Police Scotland provides the applicant with a further response to complaints 1, 2, 7, 9, 10, 14, 17 and 19.  

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

Outcome

Police Scotland implemented the eight recommendations we made in this case. In doing so, they conducted further enquiries, assessed all available information and provided the applicant with a further well-reasoned response which considered our observations made in our report. Although 7 of the applicant’s complaints remained “not upheld”, one complaint was “upheld”, an apology was offered and learning disseminated to the subject officer. In addition, Police Scotland identified and disseminated additional learning for the specialist department related to the applicant’s complaints.
Finally, Police Scotland appropriately disseminated the learning identified in the learning points in our report.

Police Bodies: Police Scotland