Complaint Handling Reviews

The Complaints

The complaint in this case arose after the applicant’s daughter made allegations of assault against him. We have reviewed the handling of six complaints, namely that:

1. the applicant believed he was wrongfully arrested, as a video recorded interview of his daughter was carried out by an inexperienced officer;
2. neither Police Scotland nor Social Services informed the applicant that his daughter had previously attempted suicide by taking an overdose;
3. officers did not take into account previous false allegations about the applicant made by his daughter of a similar nature;
4. officers did not advise the Crown Office and Procurator Fiscal Service (COPFS) of the previous false allegation made by the applicant’s daughter;
5. when the applicant’s daughter confessed that she had lied to the police about the alleged assault by the applicant, Police Scotland should have dealt with the information instead of directing the applicant’s wife to COPFS; and
6. the applicant was dissatisfied with the content of statements noted by officers from his wife and son, and queried how these could be used in evidence as the content had not been agreed. 

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

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 make necessary and proportionate further enquiries, re-assess the available information and provide the applicant with a further response which allows him to properly understand whether his complaints have been upheld or not upheld.

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

Outcome

Police Scotland implemented three recommendations and a learning point identified in this case. In doing so, Police Scotland conducted further enquiries, re-assessed the available information and provided the applicant with a well reasoned further response which offered the applicant an apology. Consequently, two of the applicant’s complaints were upheld. Confirmation and acceptance of learning by the relevant officers was provided to PIRC. 

Police Bodies : Police Scotland