Complaint Handling Reviews

The Complaints

The complaint in this case arose after the applicant was charged for a contravention of Regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986. The applicant has been involved in an ongoing dispute regarding the use of a private, single-track road close to her residence. The applicant began parking her car on the road to prevent vehicle access which resulted in members of the public contacting the police. Police Scotland charged the applicant and reported her to the Crown Office and Procurator Fiscal Service. The case did not proceed because it was viewed to be a civil matter, and not criminal. We have reviewed the handling of three complaints, namely that: 

1. The applicant was not warned by the police to move her vehicle, as referenced in the Standard Prosecution Report (SPR).
2. The charge recorded in the SPR was not a competent charge, and
3. The applicant was treated unfairly by officers as her views and evidence regarding the status of the track were not taken into account.

Police Scotland's Decision

Police Scotland upheld complaint 1 but did not uphold complaints 2 and 3. 

Our Findings

We have found that Police Scotland handled complaint 1 to a reasonable standard but not so complaints 2 and 3. 

Consequently, we have made three recommendations to address the shortcomings in Police Scotland’s handling of the complaints. In summary, we have recommended that Police Scotland update the complaint handling form in respect of complaint 1, and reassesses complaints 2 and 3, and provide a further response letter to the applicant, which clearly explains how the material information available informed the conclusions reached.

We have also identified a single learning point relative to Police Scotland’s administration of the complaints.

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

Police Bodies: Police Scotland