Complaint Handling Reviews

The Complaints

The complaint in this case arose after the applicant’s daughter was arrested and taken to custody following a domestic incident. On 29 March 2021, an altercation took place between the applicant’s daughter and her partner within their home address. The partner subsequently left the address and reported to Police Scotland that he had been assaulted. Later that day, he re-contacted Police Scotland and requested to withdraw his statement and for no further action to be taken. Officers attended their address and arrested the applicant’s daughter, conveyed her to the police station where she was interviewed and charged with the incident. She was released the following day.

We have reviewed the handling of 19 complaints, namely that: 

1. the applicant’s daughter was misled by police officers investigating a domestic incident as they informed her she was going to the police station for a chat, but did not inform her that she was arrested on suspicion;
2. Officers failed to read the applicant’s daughter her rights;
3. the applicant’s daughter was handcuffed unlawfully as she was not cautioned or informed that she was arrested on suspicion;
4. Officers physically restrained the applicant’s daughter in handcuffs without justification;
5. Officers coached the applicant’s daughter to give a no comment thus denying her right to give her version of events;
6. Police Scotland conducted insufficient enquiries into a domestic incident as officers did not take into account the applicant’s daughter’s previous reports of domestic abuse;
7. Whilst in custody, the applicant’s daughter was denied all her medication for various medical conditions;
8. Whilst in custody, the applicant’s daughter’s request to see a doctor was denied;
9. Whilst in custody, the applicant’s daughter was degraded and humiliated by being denied sanitary protection
10. Police Scotland placed the applicant’s daughter in danger when she was released as she was physically and mentally distressed due to a lack of medication
11. A custody officer tormented the applicant’s daughter by letting her out of the cell for breathing space but then said “I’ve changed my mind” and placed her back in;
12. The applicant’s daughter’s hooded top was removed, with no suitable alternative provided;
13. Police Scotland failed to ensure the applicant’s daughter had the means or ability to get home;
14. Police custody staff incorrectly assumed that the applicant’s daughter did not have a medical condition;
15. Police custody staff realised there was something wrong with the applicant’s daughter but choose not to take any positive action to help her;
16. Custody staff failed to notice any visible injuries to the applicant’s daughter’s right arm and breast;
17. Custody staff failed to offer handwashing or shower facilities to the applicant’s daughter, despite her starting her period;
18. A staff member at the police office deliberately withheld information from the applicant;
19. Officers failed to inform the applicant’s daughter that she may need more suitable clothing as “hoodie” jumpers are not allowed in police cells.

Police Scotland's Decision

Police Scotland did not uphold complaints 1 - 17 and 19 but upheld complaint 18.

Our Findings

We have found that Police Scotland handled complaints 1, 2, 3, 5, 6, 7, 8, 11, 12, 13, 14, 15, 18 and 19 to a reasonable standard but not so complaints 4, 9, 10, 16, 17. 

Consequently, we have made five recommendations to address the shortcomings in Police Scotland’s handling of the complaints. In summary, we have recommended that Police Scotland conduct enquiries into complaint 4 and 10, and reassess the information available in complaints 9, 16 and 17. Thereafter, Police Scotland should provide the applicant with a further response to each complaint which clearly explains the rationale for the conclusions reached.

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

Outcome

Police Scotland implemented all five recommendations in this case. In doing so, Police Scotland reassessed three complaints and conducted further enquiries into two complaints. Thereafter Police Scotland provided a well-reasoned response to each complaint which explained their decision. Two complaints were upheld and learning identified for staff to refresh themselves on the relevant guidance.

Police Bodies: Police Scotland