Complaint Handling Reviews

The Complaint

The complaint in this case arose following the applicant’s report that his brothers had subjected him to torture in terms of Article 3 of the Human Rights Act. He reported that they had acted fraudulently, financially controlled him, and caused him to live in unreasonable conditions which exacerbated his mental health problems.

We have reviewed the handling of a single complaint, namely that: 

1. officers did not investigate a breach of Article 3 of the Human Rights Act that the applicant reported against his two brothers. 

Police Scotland's Decision

Police Scotland did not reach a determination and concluded the applicant’s complaint by way of explanation. 

Our Findings

We have found that Police Scotland did not handle the applicant’s complaint to a reasonable standard. Consequently, we made a recommendation and identified three learning points to address the shortcomings in Police Scotland’s handling of the complaint. 

In summary, we have recommended that Police Scotland conducts further necessary and proportionate enquiries in relation to the complaint and provides the applicant with a well-reasoned response which outlines whether the complaints are upheld or not upheld, and clearly explains the rationale for the determination reached. We have also reminded Police Scotland of our statutory guidance provisions.

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

Outcome

Police Scotland implemented the recommendation made in this case. In doing so, Police Scotland recorded the applicant's complaints separately and conducted further enquiries into them. A further response was then provided to the applicant which was well reasoned and clearly explained the determination reached, with one complaint being upheld. 

Police Scotland also implemented three learning points made in this case, with individual learning being provided to the subject officer.

Police Bodies: Police Scotland