Complaint Handling Reviews

The Complaints

The complaints in this case arose after the applicant was stopped and searched by the police. We have reviewed the handling of three complaints, namely that:

1. the applicant was unlawfully detained;
2. an injury was caused to the applicant’s head during the restraint; and
3. officers removed the applicant’s trouser belt in a public place. 

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 issued two reconsideration directions to address the shortcomings in Police Scotland’s handling of complaints 2 and 3. In summary, Police Scotland should conduct further proportionate enquiries into complaints 2 and 3 and provide the applicant with a further response.  We have not made any recommendation in relation to the handling of complaint 1.

We have also identified two learning points in relation to Police Scotland’s administration of the complaints.

Our reconsideration directions and learning points should be implemented by Police Scotland within two months of the date of this report.

Outcome

Police Scotland implemented two reconsideration directions and two learning points. In doing so, Police Scotland conducted further enquiries into the applicant’s complaint. Police Scotland thereafter provided a further response to both complaints which was well reasoned and clearly explained why each complaint was ‘not upheld’. Both learning points were disseminated directly to the staff concerned, and more widely in a bulletin to PSD as a whole. 

Police Bodies : Police Scotland