Complaint Handling Reviews

The Complaints

The complaints in this case arose after the applicant stopped his motor vehicle to speak with police officers who were travelling in front of him in a marked police vehicle.

We have reviewed the handling of six complaints, namely that:

1. Police Scotland failed to investigate the applicant’s report that an officer drove below the standard of a careful and competent driver and thus committed an offence under section 3 of the Road Traffic Act 1988;
2. An officer abused their power by intentionally driving slowly when the applicant beeped his car horn at them;
3. Officers abused their powers by requiring the applicant to provide his details and thereafter arresting him when he refused;
4. Officers forced the applicant’s car door open, which they did not have a right to do;
5. An officer did not caution the applicant when he was arrested; and
6. Officers abused their powers by requiring the applicant’s wife to provide her details unlawfully. 
    

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, 3, 4, 5 and 6 to a reasonable standard but not so complaint 1.

Consequently, we have made a recommendation to address the shortcomings in Police Scotland’s handling of complaint 1. In summary, we recommend that Police Scotland provide the applicant with a fresh response addressing the crux of the complaint.

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

Outcome

Police Scotland implemented the recommendation made in this case. In doing so, they carried out necessary and proportionate enquiries and a further response was thereafter provided to the applicant. This further response accurately reflected the information available and provided a clear explanation as to how this information was used to reach the complaint determination that the applicant’s complaint had been correctly categorised as non-criminal. While the applicant’s complaint remained not upheld, Police Scotland apologised to the applicant for shortcomings in the manner his complaint was handled.  Police Scotland also identified appropriate learning, which was disseminated to the individual officer who was responsible for the shortcomings.

Police Bodies : Police Scotland