Complaint Handling Reviews

The Complaint

The complaints in this case arose after the applicant was arrested for an alleged assault. We have reviewed the handling of two complaints, namely that:

1. on 8 September 2022, the applicant was arrested and charged with assault, which he believed was unfounded; and
2. Police Scotland unnecessarily imposed conditions for the applicant not to contact or approach his children pending a court appearance 

Police Scotland’s Decision

Police Scotland did not give a determination for either of the applicant’s complaints.

Our Findings

We have found that Police Scotland did not handle either of the applicant’s complaints to a reasonable standard.

Consequently, we have made two recommendations to address the shortcomings in Police Scotland’s handling of the complaints. In summary, we have asked Police Scotland to conduct further enquiry into both complaints, including obtaining a statement from the applicant to better understand and identify the crux of his dissatisfaction. Thereafter, Police Scotland should provide the applicant with a further response which addresses both of the complaints in full, advising whether the complaint is upheld or not upheld and the rationale for the conclusions reached.

We have also identified a learning point in relation to Police Scotland’s administration of the complaint.

Our recommendations and learning point should be implemented by Police Scotland within two months of the date of this report.

Outcome

Police Scotland implemented both recommendations and the learning point made in this case. In doing so, Police Scotland conducted further enquiries into both complaints and provided the applicant with a further response that was well reasoned. Both complaints were not upheld. The learning point was disturbed to all PSD staff to familiarise themselves with the PIRC statutory guidance on the non-investigation provisions. 

Police Bodies : Police Scotland