Complaint Handling Reviews

The Complaints

The complaints in this case arose as a result of officers’ attending the address of the applicant’s friend (Mr A) in connection with an argument that had broken out between them.  We have reviewed the handling of three complaints, namely that:

1. that Police Scotland failed to carry out sufficient investigations into the incident for which the applicant was arrested;
2. that officers provided false statements regarding the incident that resulted in the applicant’s arrest;
3. that an officer knocked the applicant off balance and into a wall during his arrest causing him an injury;
4. that officers placed the applicant in a cell overnight without medical care for his head injury; and
5. that Police Scotland attempted to hide and manipulate evidence which resulted in the applicant’s conviction. 

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 2 and 3 to a reasonable standard but not so complaints 1, 4 and 5. Consequently, we have made five recommendations and identified a learning point to address the shortcomings in Police Scotland’s handling of the complaints.

In summary, we have recommended that Police Scotland properly records complaints 2, 3 and 5 and provides further responses to complaints 1, 4 and 5.  We have also identified a learning point regarding the importance of agreeing heads of complaint with the complainers.

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

Outcome

Police Scotland implemented two administrative recommendations regarding how the complaints were initially recorded. Police Scotland also provided the applicant with a further response to two complaints, one of which was upheld as a result of our review.  Police Scotland also undertook to re-contact the applicant to assess whether any complaints had been overlooked.

Police Bodies : Police Scotland