Complaint Handling Reviews

The Complaints

The complaints in this case arose following a boundary dispute between the applicant and the occupant of a neighbouring property. We have reviewed the handling of nine complaints, namely that: 

1. there was a delay in the police contacting the applicant following the applicant’s report of 11 February 2021; 

2. the applicant’s report of being shouted, sworn at and threatened was not investigated; 

3. the landlord of the neighbouring property to the applicant’s was never contacted, despite being a potential witness to the applicant’s report; 

4. an officer failed to contact a named witness, causing delays in the enquiry; 

5. an officer failed to accurately record the statement provided by a witness; 

6. an officer failed to consider the lack of credibility of the applicant’s neighbour; 

7. Police Scotland failed to obtain the applicant’s address, resulting in an unconnected address being recorded for the applicant and correspondence being sent there; 

8. an officer told the applicant he could not investigate the applicant’s report of the applicant’s neighbour being abusive as there were no witnesses and no further investigation took place; and

9. an officer contacted witnesses without seeing a copy of the applicant’s report and therefore asked irrelevant questions. 

Police Scotland's Decision

Police Scotland upheld complaint 7. The remaining complaints were not upheld.

Our Findings

We have found that Police Scotland handled complaints 3, 4 and 6 to a reasonable standard but not so complaints 1, 2, 5, 7, 8 and 9. 

Consequently, we have made two recommendations and identified a learning point to address the shortcomings in Police Scotland’s handling of these complaints. In summary, we have recommended that Police Scotland undertakes further necessary proportionate enquiries and provides the applicant with a further response.

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, it conducted further necessary and proportionate enquiries and re-assessed all the information available, taking cognisance of the points we made in our report. A further well-reasoned response was then sent to the applicant. While one of the complaints remained ‘not upheld’, Police Scotland upheld the applicant’s other complaint, apologised to the applicant and identified learning for the relevant officers which was disseminated to them. Our separate learning point was disseminated to the enquiry officer.

Police Bodies: Police Scotland