Complaint Handling Reviews

The Complaints

The complaints in this case arose after Police Scotland stopped the applicant for an alleged driving offence. We have reviewed the handling of four complaints, namely that:

1. on 6 May 2022, an officer grabbed the applicant by the upper arm, pulled the applicant from their car; prevented them from recording the incident on a phone; removed the phone from the applicant’s hand and threw it on the car bonnet;
2. that an officer handcuffed the applicant’s right wrist and dragged the applicant by the arm to the front of the car;
3. that the applicant advised an officer of a pre-existing medical condition which caused pain but the officer continued to handcuff the applicant stacked to the rear;.
4. On the same day, officers did not inform the applicant of their rights.  

Police Scotland’s Decision

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

Our Findings

We have found that Police Scotland handled complaints 3 and 4 to a reasonable standard but not so complaints 1 and 2.

We have made four recommendations in relation to the shortcomings we have identified in the handling of complaints 1 and 2. In particular, we have recommended that Police Scotland records the complaints separately. Thereafter Police Scotland should provide the applicant with a further response to three of the complaints.

Outcome

Police Scotland implemented four recommendations in this case. In doing so they split the complaint, recording three separate complaints about the police. Police Scotland conducted further enquiries by obtaining additional information from the subject officers, and provided the applicant with a further well-reasoned response which addressed each complaint separately. Police Scotland upheld one complaint, apologised to the applicant and learning was identified and shared with the subject officer and his line management. The remaining complaints were not upheld.

Police Bodies : Police Scotland