Complaint Handling Reviews

The Complaints

The complaints in this case arose after the applicant received a parking ticket and his car was seized outside his business premises. The applicant was charged with: driving without a valid policy of insurance covering business use; littering, for throwing his parking ticket on the ground; and attempting to pervert the course of justice, for tearing up delivery receipts from his car. The applicant was arrested and then released prior to arriving at the police station, with the offences being reported to the Procurator Fiscal. The applicant subsequently plead guilty to attempting to pervert the course of justice, with not guilty pleas accepted by the Procurator Fiscal to all other charges. We have reviewed the handling of three complaints, namely that: 

1. on 13th June 2022, at a specified location, a police officer was discriminatory towards the applicant and a co-worker due to their race while issuing them with a parking ticket;
2. on the same date and at the same location, a police officer seized the applicant’s motor vehicle without a valid reason; and
3. on the same date and at the same location, a police officer arrested the applicant unnecessarily and drove him away in a police vehicle, before telling him he was no longer arresting him because the police were too busy, and driving him back and releasing him.

Police Scotland's Decision

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

Our Findings

We have found that Police Scotland did not handle any of the applicant’s complaints to a reasonable standard.

Consequently, we have made two recommendations to address the shortcomings in Police Scotland’s handling of complaints 2 and 3. In summary, we recommend that Police Scotland undertake further enquiry, reassess the complaints and provide the applicant with a further response. 

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

Outcome

Police Scotland implemented two recommendations in this case. In doing so, Police Scotland conducted further enquiries by obtaining an additional account from the subject officer and specialist opinions from senior officers in Police Scotland’s criminal justice and road traffic divisions. Thereafter, Police Scotland provided the applicant with a well-reasoned further response fully explaining why his complaints remained not upheld.

Police Bodies: Police Scotland