Report - Police Scotland - PIRC/00572/19
The Complaints
The complaints in this case arose following the applicant’s estranged wife leaving the UK together with the two young children of the marriage without providing the applicant with details of their whereabouts or facilitating any means of ongoing contact between the applicant and his children.
We have reviewed the handling of ten complaints, namely that:
Between 15th July 2019 and 14 September 2020, Police Scotland failed to provide care and protection to the applicant’s children.
Between 15th July 2019 and 14 September 2020, Police Scotland failed to record and investigate criminal conduct committed by the applicant’s wife in her actions in removing their children from Scotland.
Between April 2018 and 14th September 2020, Police Scotland failed to properly investigate allegations of domestic abuse perpetrated by the applicant’s wife against him.
Between July 2019 and June 2020 a police officer took an excessive and unreasonable amount of time to provide the applicant with a written reply detailing Police Scotland’s position.
Since July 2019 Police Scotland have failed to provide the applicant with adequate updates on the investigative progress of action being taken to establish the welfare and whereabouts of his children.
The applicant has been unfairly treated by Police Scotland in that his rights as a father have not been respected with particular regard to being refused the details of an address where police believed his children to be.
On 7th May 2020, the applicant was unfairly treated by Police Scotland and his rights as a father were not respected with particular regard to being refused attendance at a multi-agency meeting where his children were to be discussed.
The applicant’s formal complaint about the police of 27th March 2020 was allocated to an enquiry officer already involved in the investigation which was subject of the complaint.
The applicant was manipulated by a Police Officer and coerced into withdrawing his complaint of 27th March 2020; and
The applicants complaint about the police of 22nd July 2020 was allocated to an enquiry officer not of sufficient rank to investigate the matter causing unnecessary delay.
Police Scotland’s Decision
Police Scotland upheld complaints 8 and 10, but did not uphold complaints 1, 2, 3, 4, 5, 6, 7 and 9.
Our Findings
We have found that Police Scotland handled complaints 2, 5, 6, 7, 8 and 10 to a reasonable standard but not so complaints 1, 3, 4 and 9.
Consequently, we have made four recommendations to address the shortcomings in Police Scotland’s handling of complaints 1, 3, 4 and 9. In summary, we have recommended that Police Scotland reassess the evidence available and provide the applicant with a fresh response. We have also identified a learning point to address a shortcoming in Police Scotland’s handling of complaint 8. In summary, we have highlighted the importance of identifying and providing individual learning to officers who have been found during Police Scotland’s review to have been responsible for failings.
Our recommendations and learning point should be implemented by Police Scotland within two months of the date of this report.
Police Bodies : Police Scotland