Complaint Handling Reviews

The Complaints

The complaints in this case arose following the applicant’s autistic teenage son, Mr A, being held in police custody and charged with rape. We have reviewed the handling of eight complaints, namely that:

1. On 20 May 2021, the applicant’s son, Mr A, was questioned by a police officer at a Police Station regarding previous allegations without appropriate representation;
2. On 20 May 2021, the decision to release Mr A on Police Undertaking was revoked and he was held in custody unnecessarily without alternative options being sought;
3. On 20 May 2021, Mr A’s solicitor was not informed that Mr A was no longer being released on police undertaking and was to be held in custody to appear at court on 21 May 2021.
4. On 20 May 2021, Mr A was unable to speak to a family member for explanation and reassurance when circumstances changed regarding his release from police custody, causing him avoidable distress;
5. On 20 May 2021, Mr A was unnecessarily searched before being placed in a police cell, having already been searched at home and on arrival at a custody centre, and having been in the presence of police at all times while at a custody centre;
6. On 20 May 2021, a message left by Mr A’s solicitor at a Police Station was not acted upon by the relevant person;
7. On 20 May 2021, after being told that you could contact a custody centre at any time for an update regarding Mr A, you were later told that custody staff were not obliged to provide such an update; and,
8. On 21 May 2021, the applicant’s husband, Mr B, was asked to attend a Police Station to collect Mr A who he was told was being released immediately. He was then incorrectly advised to leave the Police Station and that the release process would take several hours despite the fact that, following intervention by Mr A’s solicitor, Mr A was released within 20 minutes.
    

Police Scotland’s Decision

Police Scotland upheld complaints 3 and 8 but did not uphold complaints 1, 2, 4, 5, 6 and 7.

Our Findings

We have found that Police Scotland handled complaints 1, 2, 3, 4, 5, 7 and 8 to a reasonable standard but not so complaint 6. No further action is required.

Police Bodies : Police Scotland