Complaint Handling Reviews

The Complaints

The complaints in this case arose following the arrest of the applicant’s partner. We have reviewed the handling of nine complaints, namely that: 

1. Police Scotland did not seek appropriate care for the applicant’s partner’s mental health and wellbeing;

2. Officers used excessive force during the applicant’s partner’s arrest by applying handcuffs too tightly;

3. Officers pulled the applicant’s partner from the toilet while she was using it, causing her to urinate over herself and the floor;

4. Officers took the applicant’s partner from her home to custody at a police station covered in urine with her colostomy bag exposed, despite her many requests for officers to cover it up;

5. Police Scotland did not provide the applicant’s partner with appropriate medical care and essential medical appliances within an appropriate time while in custody;

6. A police officer lied to custody staff by telling them that the applicant’s partner had stood up from the toilet herself;

7. The applicant called police for help as his partner was having a mental health crisis but this turned into a criminal arrest and further mental health trauma;

8. Despite the applicant’s initial statement regarding his partner’s toileting problems and body dysmorphia, police officers ignored his partner’s distress causing her increasing discomfort and anxiety; and

9. Police officers and custody staff ignored the applicant’s partner, disregarding her anxiety, anguish and medical needs during the incident up to her release from custody.

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 1, 3, 4, 5, 6, 7, 8 and 9 to a reasonable standard, but not so complaint 2. 

Consequently, we have made a recommendation to address the shortcomings in Police Scotland’s handling of complaint 2. In summary, we have recommended that Police Scotland conducts further necessary and proportionate enquiries, and thereafter provides the applicant with a well-reasoned further response to the complaint which clearly explains the rationale for the determination reached.

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

Outcome

Police Scotland implemented the recommendation made in this case. In doing so, they conducted further necessary and proportionate enquiries, and provided the applicant with a further response which clearly explained the rationale for the determination reached. The complaint remains not upheld.

Police body: Police Scotland