Complaint Handling Reviews

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Report - Police Scotland - PIRC/00565/20

04 May 2022
Content

The Complaints

The complaints in this case arose following Police Scotland’s engagement with the applicant following his allegations of coercive control and domestic abuse by his ex-partner, he himself having been the subject of and having faced criminal charges following allegations of a similar nature by his ex-partner. 

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

  • Police Scotland failed to sufficiently investigate the applicant’s reports of coercive control and domestic abuse by his ex-partner;
  • Police Scotland have failed to explain why officers visited and spoke to the applicant’s mother twice;
  • Police Scotland have discriminated against the applicant by treating him differently in relation to reports of domestic incidents between him and his ex-partner due to his gender;
  • Having arrested the applicant, officers placed him at increased risk of Covid-19 infection by failing to wear appropriate PPE or to provide him with appropriate PPE during transport to and processing within a Police Scotland custody suite;
  • An officer asked inappropriate questions and did not follow correct processes and procedures when interviewing the applicant’s children;
  • Officers stopped the applicant without explanation as to the reason he was stopped; and
  • An officer laughed towards the applicant when he was driving his motor vehicle.

Police Scotland’s Decision

Police Scotland upheld complaint 4 but did not uphold complaints 1, 2, 3, 5, 6 and 7.

Our Findings

We have found that Police Scotland handled complaints 2, 4, 5, and 7 to a reasonable standard but not so complaints 1, 3 and 6. 

Consequently, we have made three 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 reassess the evidence available and provide the applicant with a fresh response in respect of complaints 1, 3 and 6. 

We have also identified a learning point to address a shortcoming in the style of Police Scotland’s letter of response. In summary, we have highlighted the importance of identifying individual officers when responding to complaints. 

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

Outcome

Police Scotland implemented the recommendations made in this case. Police Scotland undertook further enquiries, reassessed the evidence available and provided the applicant with a further response which clearly explained the rationale for the determinations reached. Two of the complaints remained not upheld.  One complaint has now been upheld with learning identified and provided to the subject officers.

Police Scotland also completed a learning point issued during our review by disseminating learning we identified to officers involved in the assessment of the complaints.

Police Bodies : Police Scotland

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