Complaint Handling Reviews

The Complaints

The complaints in this case arose when the applicant was stopped and searched by police officers outside his home, and subsequently charged with theft. We have reviewed the handling of nine complaints, namely that:

Police officers stopped the applicant outside his home and asked for his details without justification;
Police officers failed to identify themselves i.e. badge numbers, names and station they were based at, before demanding the applicant’s name;
Police officers searched the applicant under ‘section 60’ without justification;
The applicant asked police officers to arrest him so that he could be afforded legal representation but they refused to do so;
Instead of defusing the situation when the applicant’s neighbours became involved, police officers asked them for the applicant’s name;
Police officers charged the applicant but he was not detained or arrested;
A witness was visited by the police but no statement was noted from her prior to a report being sent to the Crown Office and Procurator Fiscal Service;
Police officers disclosed details about the applicant to the victim, which led to comments being made about him on social media; and
A police officer took two months to reply to a request from the applicant’s solicitor. 

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 to 8 to a reasonable standard but not so complaint 9.

We have made a recommendation in connection with complaint 9.

Specifically, we have recommended that Police Scotland reassesses the complaint. Thereafter, Police Scotland should provide the applicant with a further response which outlines whether the complaint is upheld or not upheld, and clearly explains the reason for whatever outcome is reached.

We have also recommended that Police Scotland records complaints 6 and 7 as separate complaints.

Outcome

Police Scotland implemented our recommendation in this case by conducting further enquiries, and providing the applicant with a further response which addressed the shortcomings we had highlighted in the handling of the complaint. Police Scotland’s response explained that the applicant’s complaint was now upheld and apologised for the original shortcomings. Police Scotland also recorded and disseminated appropriate advice and guidance to the relevant officer.

Police Bodies : Police Scotland