Publications

16 September 2019 | Complaint Reviews

Report - Police Scotland PIRC/00507/18

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 left his car at the roadside when it broke down. We have reviewed five complaints, namely that:

1. Police Scotland seized the applicant’s vehicle for no reason;

2. When the applicant called 101 to speak to officers, his call was transferred to 911 Recovery, who could not help him;

3. Officers did not explain the roads policing procedures concerning identifying the driver;

4. The applicant did not understand the procedures and wanted an interpreter; and

5. Officers interrupted him and were rude.

Police Scotland’s Decision

Police Scotland upheld complaint 3 but did not uphold the remaining complaints.

Our Findings

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

Consequently, we have made three recommendations and identified a learning point to address the shortcomings in Police Scotland’s handling of complaints 4 and 5.

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

Police Bodies : Police Scotland

16 September 2019 | Complaint Reviews

Report - Police Scotland PIRC/00490/18

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 Police Scotland was asked to investigate the actions of a letting agent. We have reviewed the handling of a single complaint, namely that:

 Police Scotland failed to properly investigate a criminal allegation of embezzlement or fraud.

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.

However, we have recommended that Police Scotland considers whether any further investigation should be carried out into the fraud/embezzlement allegation in light of information that has arisen since the complaint enquiry concluded.

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

Police Bodies : Police Scotland

16 September 2019 | Complaint Reviews

Report - Police Scotland PIRC/00435/18

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 police disclosed the applicant’s partner’s domestic abuse convictions to her. We have reviewed the handling of four complaints, namely that:

1. officers disclosed incorrect information about the applicant’s partner;

2. the applicant felt intimidated by officers during the disclosure;

3. officers visited the applicant’s neighbour’s address and left contact details with an identifiable number; and

4. officers did not provide the applicant with details of the appropriate support services.

Police Scotland’s Decision

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

Our Findings

We have found that Police Scotland handled two complaints to a reasonable standard and two not so.

We have made three recommendations and identified a learning point to address shortcomings in Police Scotland’s handling of the complaints. In summary, we have recommended that statements be sought from the officers involved and a further response 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

02 September 2019 | Complaint Reviews

Report - Police Scotland PIRC/00530/18

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’s dog was kept in police kennels and his address was searched following his arrest. We have reviewed the handling of four complaints, namely that:

1. the applicant’s dog was not given the special diet it needed for its medical condition;
2. officers ‘prodded’ the applicant’s dog with a broomstick, or something similar, when returning it to the applicant;
3. officers left the applicant’s property in an untidy state after searching it; and
4. officers told the applicant that he would get a lift home on his release from custody, but failed to do so.

Police Scotland’s Decision

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

Our Findings

We have found that Police Scotland handled all four of the applicant’s complaints to a reasonable standard.

Police Bodies : Police Scotland

02 September 2019 | Complaint Reviews

Report - Police Scotland PIRC/00256/18

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 the applicant and Mr A were stopped by Detective Constables B and C. We have reviewed the handling of one complaint, namely that:

1. Detective Constable B acted aggressively towards the applicant, scaring him to the point he called the police.

Police Scotland’s Decision

Police Scotland did not respond to the applicant’s complaint.

Our Findings

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

We have issued a reconsideration direction to address the shortcomings in Police Scotland’s handling of the complaint.

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

Police Bodies : Police Scotland

02 September 2019 | Complaint Reviews

Report - Police Scotland PIRC/00512/18

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 the applicant’s contact with the police regarding alleged incidents of stalking by her neighbour.

We have reviewed the handling of one complaint, namely that an officer disclosed to the applicant’s employer that she had been using her work email address to contact Police Scotland regarding a personal matter.

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 complaint to a reasonable standard.

Consequently, we have made a recommendation to address the shortcomings in Police Scotland’s handling. In summary, we have recommended that further enquiries be carried out and a fresh response issued to the applicant.

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

Police Bodies : Police Scotland

02 September 2019 | Complaint Reviews

Report - Police Scotland PIRC/00533/18

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 from the seizure of the applicant’s firearms, and a criminal allegation made by the applicant against his partner. We have reviewed two complaints, namely:

1. that Police Scotland seized a named thermal imaging scope from the applicant and did not return it; and
2. that insufficient enquiries were carried out regarding criminal allegations made by the applicant against his ex-partner.

Police Scotland’s Decision

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

Our Findings

We have found that Police Scotland handled both of the applicant’s complaints to a reasonable standard.

No further action is necessary in respect of the applicant’s complaint.

However, we have identified a learning point for Police Scotland.

Police Bodies : Police Scotland

02 September 2019 | Complaint Reviews

Report - Police Scotland PIRC/00326/18

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 from the applicant’s interaction with police officers, and the seizure of a vehicle in which the applicant was a passenger. We have reviewed the handling of seven complaints, namely:

1. that officers acted excessively by threatening to smash the window of the vehicle that the applicant was in;
2. that the officers were intimidating and surrounded the applicant;
3. that the officers threatened to arrest the applicant if he failed to provide an insurance policy;
4. that the officers seized the applicant’s insurance policy;
5. that the officers did not return the applicant’s insurance policy;
6. that the officers wrongly seized the vehicle; and
7. that an inspector failed to update the applicant regarding the status of his complaint.

Police Scotland’s Decision

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

Our Findings

We have found that Police Scotland handled four complaints to a reasonable standard and three not so. We have made three recommendations to address shortcomings in Police Scotland’s complaint handling.

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

Police Bodies : Police Scotland

02 September 2019 | Complaint Reviews

Report - Police Scotland PIRC/00492/17

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 Complaint

The complaint in this case arose after the applicant submitted an online stalking form to the police. We have reviewed the handling of one complaint, namely that:

1. Police Scotland did not deal with a stalking allegation that the applicant made online.

Police Scotland’s Decision

Police Scotland did not uphold the complaint.

Our Findings

We have found that Police Scotland did not handle the complaint to a reasonable standard. However, no further action is required in this connection.

Police Bodies : Police Scotland

26 August 2019 | Complaint Reviews

Report - Police Scotland PIRC/00541/18, PIRC/00396/18, PIRC/00496/18 & PIRC/00608/18

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 reported various incidents to Police Scotland about his estranged wife.

We have reviewed eight complaints, namely that:

1. Officers from Police Scotland were not fair and impartial when dealing with an incident involving the applicant and his estranged wife on 18 August 2016;
2. Officers from Police Scotland were not fair and impartial when dealing with an incident involving the applicant and his estranged wife on 13 November 2016;
3. The applicant was dissatisfied with the police response to an incident at his mother’s house that he reported on 24 November 2016 involving a friend of his estranged wife;
4. Officers from Police Scotland were not fair and impartial when dealing with an incident involving the applicant and his estranged wife on 29 April 2017;
5. On 19 September 2017, the applicant’s request that Police Scotland investigate the actions of an officer who he alleged used his position as a police officer to coach his estranged wife was never acted upon;
6. On 26 October 2018, the applicant made two telephone calls to Police Scotland’s contact centre requesting assistance, and he was dissatisfied at the manner in which the calls were dealt with;
7. On 1 November 2018, the applicant was dissatisfied at the manner in which a police sergeant spoke to him over the telephone; and
8. On 1 November 2018, the applicant was dissatisfied that a police inspector refused to send officers to his home to hear his complaint.

Police Scotland’s Decision

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

Our Findings

We have found that Police Scotland have handled complaints 2, 3, 5, 6 and 8 to a reasonable standard, but have not reasonably handled complaints 1, 4 and 7.

Consequently, we have made one reconsideration direction and two recommendations to address the shortcomings we have identified in Police Scotland’s handling of complaints 1, 4 and 7. We have also issued five learning points.

We expect our recommendations to be implemented by Police Scotland within two months of the date of this report. We also expect our learning points to be taken forward within two months of the date of this report.

Police Bodies : Police Scotland