Complaint Handling Reviews

The Complaints

The complaints in this case arose after a number of police officers were deployed to attend an incident at a licenced premises. During the officers’ attendance within the premises, the applicant and his son were arrested due to their behaviour towards the officers. An officer deployed pelargonic acid vanillylamide (PAVA) incapacitant spray which affected a number of individuals. Following their arrest, the applicant and his son were conveyed to a local police station and later released on police undertaking to appear at court at a later date.

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

1. on 20 November 2021, Police Scotland deployed a high number of resources to an incident without justification
2. officers entered the upstairs function suite without justification, despite staff informing them that there were no issues;
3. that the applicant was not cautioned at the time of his arrest;
4. police officers did not follow the correct procedures by taking the applicant back into the upstairs function room after his arrest;
5. statements were not obtained from all officers who attended the incident;
6. officers used PAVA spray without justification; and 
7. officers lied about the amount of PAVA spray used;

Police Scotland's Decision

Police Scotland did not uphold any of the applicant’s complaints.  

Our Findings

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

Consequently, we have made two recommendations to address the shortcomings in Police Scotland’s handling of the complaints. In summary, we have recommended that Police Scotland conduct further enquiries and thereafter provide the applicant with a further response as well as recording complaints 6 and 7 as separate allegations.

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

Outcome

Police Scotland implemented both recommendations in this case. In doing so, Police Scotland recorded a separate allegation and reassessed one complaint. A further response was provided in respect of both complaints to the applicant which was well reasoned and explained why both complaints remained not upheld.

Police Bodies: Police Scotland