Report – Police Scotland – PIRC/00436/24
The Complaints
The complaints in this case arose after the police interacted with the applicant following the death of his sister’s partner. The applicant’s sister discovered the body of her partner at his home address. The applicant was contacted by his sister and attended the scene. The Scottish Ambulance Service were contacted who thereafter called the police. The police questioned the applicant in connection to the death and duly seized his clothing. The death was initially ‘unexplained’ and then recorded as a medical death.
We have reviewed the handling of two complaints, namely that:
Police Scotland did not return the applicant’s clothing after they were seized following the sudden death of a named individual; and
Police officers interviewed the applicant under duress.
Police Scotland's Decision
Police Scotland did not provide a determination for 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 recommended that Police Scotland conducts further necessary and proportionate enquiries into both complaints. Thereafter, Police Scotland should provide the applicant with a further response which outlines whether the complaints are upheld or not, and clearly explains the rationale for the determination reached.
We have also identified a learning point relating to the administration of the complaints.
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 one learning point in this case. In doing so, Police Scotland conducted further enquires and provided the applicant with a further well-reasoned response to both complaints. One complaint remained not upheld while the other was upheld. Police Scotland issued organisational learning and apologised to the applicant in respect of the upheld complaint. The learning point was sent to the Inspector involved who accepted the learning.
Police Bodies: Police Scotland