Publications

15 July 2019 | Complaint Reviews

Report - Police Scotland PIRC/00244/18

The Police Investigations & Review Commissioner (PIRC) reviews the way in which policing bodies handle complaints made about them. Our role is not to investigate the circumstances which led to the complaint but to review how the complaint itself was handled.

The Complaints

The complaints in this case arose after the applicant was arrested in relation to domestic abuse allegations being made against him.

We have reviewed eight complaints, namely that:

1. On or after 8 June 2017 at [named police office], the applicant was kept in custody overnight in relation to false allegations despite having been told that he would be released;
2. On the same date/location, the applicant was not given access to prescribed medication or a healthcare professional despite that requirement having been clearly articulated;
3. On or after the 8 June 2017, officers from Police Scotland failed to make enquiries with the applicant’s mother or take a statement from her despite it being highlighted that she was a key witness to the incident. This resulted in an incomplete report being sent to the COPFS;
4. On or after 8 June 2017, officers from Police Scotland failed to make enquiries with the applicant’s children or take statements from them. This was despite it being highlighted that they were witnesses; and the applicant having reported that his eldest child told him that she had been pressured to alter her view of what she witnessed by her mother;
5. The applicant was dissatisfied that on Police Scotland’s Vulnerable Person’s Database (VPD) are allegations and not proven matters of fact, and that the free text narrative box contained information that wrongly portrayed the applicant as guilty;
6. On 8 June 2017, an officer from Police Scotland created a VPD record based on the applicant’s estranged wife’s allegations only, which resulted in the Local Authority to embark on a care plan involving the head-teacher of [named school] attempting to ‘counsel’ the applicant’s daughter;
7. The applicant was dissatisfied that the VPD entry created on 8 June 2017 indicates that his children are safe and well in the care of their mother when no-one has made enquiry with them; and
8. An officer from Police Scotland was unprofessional when dealing with the applicant. The applicant believed that this may be due to the officer having a relationship with his estranged wife’s cousin and being influenced in the way he dealt with matters.

Police Scotland’s Decision

Police Scotland upheld complaints 2 and 3, but did not uphold complaints 1, 4, 5, 6, 7 and 8.

Our Findings

We have found that Police Scotland handled all but complaint 2 to a reasonable standard.

We have issued two learning points. We will continue to liaise with Police Scotland to ensure that our learning points are taken forward.

Police Bodies : Police Scotland

02 July 2019 | Complaint Reviews

Report: Police Scotland PIRC/349/18

The Police Investigations & Review Commissioner (PIRC) reviews the way in which policing bodies handle complaints made about them. Our role is not to investigate the circumstances which led to the complaint but to review how the complaint itself was handled.

The Complaints

The complaints in this case arose following a report made by the applicant of her car being damaged. We have reviewed the handling of two complaints, namely:

1. that officers informed the applicant that the man who damaged her car would be charged and reported to the Procurator Fiscal, but thereafter issued a Recorded Police Warning to him instead; and

2. that an officer pressurised the applicant into accepting a Recorded Police Warning being issued to the man.

Police Scotland's Decision

Police Scotland upheld complaint 1 but did not uphold complaint 2.

Our Findings

We have found that Police Scotland did not handle either 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 the complaints. In summary, we have recommended that additional statements be sought and a fresh response thereafter issued to the applicant.

We expect our recommendations to be implemented by Police Scotland within two months of the date of this report.

Police Bodies : Police Scotland

01 July 2019 | Complaint Reviews

Report - Police Scotland PIRC/00524/18

The Police Investigations & Review Commissioner (PIRC) reviews the way in which policing bodies handle complaints made about them. Our role is not to investigate the circumstances which led to the complaint but to review how the complaint itself was handled.

The Complaint

The complaint in this case arose following an investigation into the theft of a superhero figurine. We have reviewed the handling of one complaint, namely that:

1. police officers returned a figurine to someone else, when the applicant believes that he is the rightful owner.

Police Scotland’s Decision

Police Scotland did not uphold the applicant’s complaint.

Our Findings

We have found that Police Scotland handled this complaint to a reasonable standard. We have determined that no further action required of Police Scotland in relation to this complaint.

Police Bodies : Police Scotland

01 July 2019 | Complaint Reviews

Report - Police Scotland PIRC/00410/18

The Police Investigations & Review Commissioner (PIRC) reviews the way in which policing bodies handle complaints made about them. Our role is not to investigate the circumstances which led to the complaint but to review how the complaint itself was handled.

The Complaint

The complaint in this case arose after items belonging to the applicant were seized by Police Scotland during a criminal investigation. We have reviewed a single complaint, namely that:

1. Police Scotland failed to return the applicant’s items including a mobile telephone and Indian passport, despite receiving a production release note from the Crown Office and Procurator Fiscal Service (COPFS)

Police Scotland’s Decision

Police Scotland upheld one aspect of the applicant’s complaint on the basis that his passport was destroyed as a result of a procedural error.

Our Findings

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

Consequently, we have made three recommendations to address the shortcomings in Police Scotland’s handling of the complaint. In summary, we recommend that Police Scotland should record the complaint as four separate allegations and re-assess its findings for two of the issues raised.

We expect our recommendations to be implemented by Police Scotland within two months of the date of this report.

Police Bodies : Police Scotland

01 July 2019 | Complaint Reviews

Report - Police Scotland PIRC/00515/17

The Police Investigations & Review Commissioner (PIRC) reviews the way in which policing bodies handle complaints made about them. Our role is not to investigate the circumstances which led to the complaint but to review how the complaint itself was handled.

The Complaints

The complaints in this case arose following the applicant’s contact with police officers on three separate occasions. We have reviewed the handling of three complaints, namely that:

1. officers made a false allegation that the applicant made a racist comment;
2. officers forced entry into the applicant’s property causing him financial loss; and
3. false information was submitted to the Procurator Fiscal by the police about the applicant’s conduct.

Police Scotland’s Decision

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

Our Findings

We have found that Police Scotland handled all of the applicant’s complaints to a reasonable standard. We have determined that there is no further action required of Police Scotland in relation to these complaints.

Police Bodies : Police Scotland

01 July 2019 | Complaint Reviews

Report - Police Scotland PIRC/00397/18

The Police Investigations & Review Commissioner (PIRC) reviews the way in which policing bodies handle complaints made about them. Our role is not to investigate the circumstances which led to the complaint but to review how the complaint itself was handled.

The Complaint

The complaint in this case arose from an incident whereby police officers forced entry to the applicant’s property. We have reviewed one complaint, namely:

1. that police forced entry to the applicant’s home unlawfully and without due cause, which violated his human rights.

Police Scotland’s Decision

Police Scotland did not uphold the applicant’s complaint.

Our Findings

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

Consequently, we have made a recommendation to address the shortcomings in Police Scotland’s handling of the complaint.

We expect our recommendation to be implemented by Police Scotland within two months of the date of this report.

Police Bodies : Police Scotland

01 July 2019 | Complaint Reviews

Report - Police Scotland PIRC/00315/18

The Police Investigations & Review Commissioner (PIRC) reviews the way in which policing bodies handle complaints made about them. Our role is not to investigate the circumstances which led to the complaint but to review how the complaint itself was handled.

The Complaint

The complaint in this case arose following an incident in December 2010 which resulted in the applicant being charged with an offence. The applicant submitted complaints in 2012 and 2016 about the officers who dealt with the original incident. The former PCCS and subsequently PIRC reviewed the police handling of those complaints. The applicant thereafter submitted further complaints relating to the original incident and the subsequent complaint enquiry. Of those complaints, we have reviewed a single allegation as follows:

1. that the applicant’s initial complaint about the police was maliciously undermined by senior officers from Police Scotland.

Police Scotland’s Decision

Police Scotland did not uphold the applicant’s complaint.

Our Findings

We have found that Police Scotland handled the applicant’s complaint to a reasonable standard and we have not recommended any further action.

Police Bodies : Police Scotland

01 July 2019 | Complaint Reviews

Report - Police Scotland PIRC/00277/18

The Police Investigations & Review Commissioner (PIRC) reviews the way in which policing bodies handle complaints made about them. Our role is not to investigate the circumstances which led to the complaint but to review how the complaint itself was handled.

The Complaints

The complaints in this case arose as a result of the applicant’s daughter (Ms A) reporting that she had been the victim of a sexual crime. We have reviewed six complaints, namely:

1. that there was a continual lack of contact from a named officer after he was appointed as the Sexual Offences Liaison Officer;
2. that, although the suspect was interviewed on 27 November 2017, Ms A was not informed of this until 3 January 2018, i.e. five weeks later. The applicant believes that the five week delay risked Ms A’s safety;
3. that an update from a named officer, who informed Ms A that the suspect had been interviewed, was given in an insensitive manner;
4. that the deputy first minister was informed of the suspect’s interview before Ms A herself was informed of this;
5. that there was a lack of quality updates provided to Ms A and a lack of clarity around the progress/status of the enquiry, including contact with witnesses; and
6. that Ms A did not receive any update on the police investigation into information that was provided regarding the suspect’s behaviour.

Police Scotland’s Decision

Police Scotland upheld complaints 2 and 5, but did not uphold complaints 1, 3, 4 and 6.

Our Findings

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

Consequently, we have made a recommendation to address the shortcoming in Police Scotland’s handling of complaint 1.

We expect our recommendation to be implemented by Police Scotland within two months of the date of this report.

Police Bodies : Police Scotland

01 July 2019 | Complaint Reviews

Report - Police Scotland PIRC/00040/18

The Police Investigations & Review Commissioner (PIRC) reviews the way in which policing bodies handle complaints made about them. Our role is not to investigate the circumstances which led to the complaint but to review how the complaint itself was handled.

The Complaints

The complaints in this case arose after the applicant was stopped by an officer on the street. We have reviewed the handling of two complaints, namely:

1. that the officer was uncivil and unprofessional towards the applicant; and
2. that Police Scotland failed to address the applicant’s initial complaint following the incident.

Police Scotland’s Decision

Police Scotland upheld complaint 2 but did not uphold complaint 1.

Our Findings

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

We have made a recommendation to address the shortcomings in relation to complaint 1.

Police Bodies : Police Scotland

01 July 2019 | Complaint Reviews

Report - Police Scotland PIRC/00067/18

The Police Investigations & Review Commissioner (PIRC) reviews the way in which policing bodies handle complaints made about them. Our role is not to investigate the circumstances which led to the complaint but to review how the complaint itself was handled.

The Complaints

The complaints in this case arose after the applicant became involved in a physical altercation with a neighbour which resulted in both individuals being issued with Recorded Police Warnings (RPWs). We have reviewed the handling of six complaints, namely that:

1. the applicant was given insufficient time to complete his statement;
2. the applicant was discriminated against due to his mental ill health and distressed state;
3. officers took the easy way to deal with things as they were going off shift;
4. officers did not investigate the incident properly;
5. officers did not listen to the applicant’s protests and told him to complain to the address on the back of the RPW; and
6. it was inappropriate for a sergeant to review the applicant’s case and report him to the Procurator Fiscal.

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, 5 and 6 to a reasonable standard but not so complaint 2.

We have made no recommendations in this case.

Police Bodies : Police Scotland