Complaint Handling Reviews

The Complaints

The complaints in this case arose following the applicant’s arrest on suspicion of theft. We have reviewed the handling of eight complaints, namely that:

1. The applicant’s arrest on suspicion of theft on 14 May 2021 was not appropriate or lawful;
2. An officer was rude to the applicant’s husband while within the applicant’s home address;
3. the use of handcuffs by officers was grossly disproportionate to the allegation which led to the applicant’s arrest;
4. The applicant was treated with disdain by officers when she complained that the handcuffs were hurting her;
5. The applicant was not offered water or told she could request water while in custody at a police station;
6. After concluding the interview in relation to her arrest, officers attempted to speak to the applicant about a counter allegation she had made and the alleged offence which led to her arrest, despite the applicant repeatedly stating that she did not wish to speak about these matters;
7. Two named officers had a complete disregard for the applicant’s wellbeing throughout her engagement with them;
8. It was inappropriate for a named officer to be involved in the investigation of the allegation which led to the applicant’s arrest, due to her previous dealings with him. 
    

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 1-5, 7 and 8 to a reasonable standard, but not so complaint 6.

Consequently, we have made two recommendations in relation to the handling of complaint 6. In summary, we have recommended that Police Scotland records complaint 6 as two separate complaints; and provides the applicant with a further response to the first of those two complaints.

We have also identified an organisational learning point for Police Scotland in relation to providing complainers with regular updates throughout complaint investigations.

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

Outcome

Police Scotland implemented two recommendations made and one Learning Point identified in our review. In doing so, Police Scotland recorded one complaint as two separate complaints, and provided the applicant with a further response to the second complaint. The further response provided details from additional accounts sought from two officers and clearly outlined the rationale for the complaint being determined as not upheld. Police Scotland also reminded all complaint handlers of the importance of keeping members of the public updated during a complaint enquiry.

Police Bodies : Police Scotland