Complaint Handling Reviews

The Complaints

The complaints in this case arose after the applicant was reported by a member of his family to Police Scotland and he was arrested for fraud. Criminal proceedings against the applicant were subsequently deserted by the Crown. 

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

1. the applicant’s arrest was unlawful and police acted without a valid complaint;

2. the applicant’s arrest was unjustified and unnecessary as he had fully co-operated with requests and procedures prior to his arrest;

3. the complainer’s statement was manufactured and incompetent;

4. further witness statements were compromised;

5. Police Scotland had a responsibility to follow all reasonable lines of enquiry before considering arresting the applicant, which included other family witnesses and other police officers involved in the events;

6. issues in relation to the taking of the complainer’s statement were only identified at the precognition / court stage; and

7. a letter from a senior office of Police Scotland to the Procurator Fiscal, which was referred to in court, advised that an officer could not remember what evidence had been contributed to the complainer's statement by the complainer, or the other person present while it was noted.

Police Scotland's Decision

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

Our Findings

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

We have made one recommendation and identified two learning points to address shortcomings in Police Scotland’s handling of the complaints. In summary, in relation to complaint 6, we recommend that Police Scotland provide the applicant with a fresh response which allows him to fully understand the determination reached; and our learning points are in relation to the sufficiency of the complaint enquiry and good practice demonstrated by the complaint enquiry officer. 

Our recommendation and learning points should be implemented by Police Scotland within two months of the date of our report.

Outcome

Police Scotland implemented one recommendation and two learning points, one of which related to good practice, in this case. In doing so, Police Scotland reassessed the complaint in line with our recommendation and also carried out further enquiries. Consequently the complaint was upheld and further individual learning was identified. Thereafter, the applicant was issued with a further response which clearly explained the rationale for the determination. Additionally, learning was shared and accepted by the appropriate officers.

Police Bodies: Police Scotland