Complaint Handling Reviews

The Complaints

The complaints in this case arose following the applicant’s arrest in connection with alleged stalking. We have reviewed the handling of two complaints, namely that: 

1. On 24 February 2023 police officers arrested the applicant when there was no evidence that he had committed a crime. 
2. On 24 February 2023 police officers did not take evidence from the applicant when he offered it. 

Police Scotland's Decision

Police Scotland upheld complaint 1, but not so complaint 2.

Our Findings

We have found that Police Scotland handled complaint 1 to a reasonable standard, but not so complaint 2

We have not made any recommendation in respect of the shortcomings we identified in the handling of complaint 2. However, we have made a recommendation in connection with an administrative matter relating to complaint 1. In summary, we recommend that Police Scotland re-categorise complaint 1 and consider whether any learning is identified for the officers who were involved in the decision to arrest the applicant. 

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

Outcome

Police Scotland implemented one recommendation. In doing so, Police Scotland have made further enquiries, including obtaining further information from relevant officers. The complaint was re-categorised as one of unnecessary arrest, with a Subject Officer identified. Learning identified during the course of our review (as well as good practice) was disseminated to the relevant officers. No further response was required to be provided to the applicant as this was an internal administrative recommendation for Police Scotland.

Police Bodies: Police Scotland