Complaint Handling Reviews

The Complaints

The complaints in this case arose after the applicant was arrested and charged with assault following an altercation with door staff at a local bar. We have reviewed the handling of nine complaints, namely that:

1. officers arrested the applicant unnecessarily when he had been the victim of assault by door staff;
2. officers failed to pick up on inconsistencies within witness statements provided by door staff and in which one member of door staff lied;
3. officers maliciously charged the applicant with assault to cover their tracks, or to cover up an assault by door staff;
4. the applicant is annoyed that he was placed in an anti-ligature suit after replying “Yeah, I’m a suicidal drug user” to one of the care and welfare questions;
5. officers and an NHS custody nurse colluded to place the applicant in a cell after he had been medically assessed;
6. an officer’s body language made it clear that he was hostile towards the applicant;
7. the applicant is annoyed that he was roused by an officer during the night while in custody, who on one occasion was accompanied by the custody nurse, who forced his eyes open and shone a torch in them, making him feel “tormented”;
8. an officer was uncivil towards the applicant, by stating “You are a horrible person”; and
9. the applicant did not receive appropriate medical care while in custody. 

Police Scotland’s Decision

Police Scotland did not uphold any of the applicant’s complaints.

Our Findings

We have found that Police Scotland handled three of the applicant’s complaints to a reasonable standard (4, 7 and 9) but not so the remaining six complaints.

We have issued two reconsideration directions, made two recommendations and identified two learning points to address the shortcomings in Police Scotland’s handling of the complaints.

Specifically, we have directed that Police Scotland reconsider complaints 1 and 2. We also recommend that further enquiries are carried out into complaint 3 and that complaint 8 is reassessed. A further response should then be issued to the applicant.

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

Outcome

Police Scotland implemented all reconsideration directions, recommendations and learning points in this case. In doing so, they carried out proportionate further enquiries and provided the applicant with a detailed further response. While all complaints remained not upheld, the further response provided to the applicant contained a detailed explanation as to why this was the case, allowing him to properly understand why his complaints had not been upheld. In addition, the response acknowledged the shortcomings in the original complaint enquiry highlighted in our report and identified learning for the officers involved, which was appropriately disseminated.

Police Bodies : Police Scotland