Report – Police Scotland – PIRC/00382/24
The Complaints
The complaints in this case arose after the applicant’s ex-partner was arrested and charged for breaching her bail conditions. The applicant and his ex-partner have two children together but live separately. The applicant breached her bail conditions by swearing at the applicant on a day she was collecting the children. The applicant contacted the police who later arrested his ex-partner and held her in custody. The children were left at the ex-partners address in the care of her cousin and her other son. We have reviewed the handling of six complaints, namely that:
On 6 January 2024, following her arrest, Police Scotland allowed the applicant’s ex-partner to nominate for his children to remain at her home address with her cousin, 18-year-old son, and her 16-year-old daughter.
Police Scotland did not contact the applicant to care for his children, as his ex-partner had no power to superseded his parental rights because of her arrest.
Police Scotland did not carry out checks on the suitability of the applicant’s ex-partner’s cousin or her 18-year-old son to care for his children, both of whom he had concerns about.
Police Scotland failed to contact social work, despite the applicant having contacted social work himself, and updating the police that social work had advised that the children should be returned home to him.
The applicant reported concern for his children at 1015 hours on Saturday 6 January 2024, but he was not allowed to speak to them, and left to worry until they were returned on Sunday 7 January 2024, which the applicant feels is unacceptable and morally abhorrent; and
The applicant believes that there was a lack of safeguarding for his children because, after the police left his children with his ex-partner’s cousin (who is 40 years old), he slept in the same bed as the applicant’s son, which the applicant finds inappropriate.
Police Scotland's Decision
Police Scotland upheld complaints 3, 4 and 6 but did uphold complaints 1, 2 and 5.
Our Findings
We have found that Police Scotland handled complaints 1, 3, 4, 5 and 6 to a reasonable standard but not so complaint 2.
Consequently, we have made a single recommendation to address the shortcoming in Police Scotland’s handling of complaint 2. In summary, we have recommended that Police Scotland conducts further necessary and proportionate enquiries into complaint 2. Thereafter, Police Scotland should provide the applicant with a further response which outlines whether the complaint is upheld/ not upheld, and clearly explains the rationale for the determination reached.
We have also identified four learning points relative to Police Scotland’s administration of the complaints.
Outcome
Police Scotland implemented one recommendation and four learning points in this case. In doing so, Police Scotland conducted further enquiries into the applicant’s complaint and provided a further response which was well reasoned. The complaint was upheld, an apology was issued to the applicant and learning identified for the officers involved. The four learning points were disseminated to the Inspector and enquiry officer involved.
Police Bodies: Police Scotland