Complaint Handling Reviews

The Complaints

The complaints in this case arose after the applicant made a report to the police about his ex-partner, in relation to a dispute over ownership of a dog. The applicant had previously had a dog removed from him by the police under warrant.

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

1. the applicant was told by the police that his report that his ex-partner had stolen his dog was a civil matter, and would only be criminal if she physically took the dog;
2. an officer discriminated against the applicant by saying that he could not look after his dog because he could not look after himself;
3. when the applicant was sectioned under the Mental Health Act, the police left his dog in his flat alone overnight, with no access to food, water or toilet facilities; 
4. the applicant was told by various parties, including Police Scotland’s Professional Standards Department, that his dog should have been returned to him when he got out of hospital but the police still have his dog; and
5. officers took the applicant’s ex-partner’s side by attending his address to warn him on her behalf, but failed to take his report seriously.

Police Scotland's Decision

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

Our Findings

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

Consequently, we have made a recommendation to address the shortcomings in Police Scotland’s handling of complaint 2. In summary, we have recommended that Police Scotland reassesses the available information on this complaint and provides the applicant with a further response, which clearly explains the rationale for the determination reached. 

We have also identified a learning point for Police Scotland in relation to obtaining and maintaining auditable records of information relied upon when reaching a determination on a complaint. 

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

Outcome

Police Scotland implemented the recommendation made and learning point identified in this case. In doing so, Police Scotland provided a further response to the applicant in which his complaint outcome was updated to upheld. The further response also provided details of the learning disseminated to the subject officer in this connection. Further, Police Scotland implemented an individual learning point to remind the complaint enquiry officer of the requirement to create and maintain auditable records when investigating complaints. 

Police Bodies: Police Scotland