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  • 24 January 2023 | Complaint Reviews

    Report – Police Scotland – PIRC/00571/21

    Our role is to review the way in which policing bodies handle complaints made about them. It is not to investigate the circumstances which led to the complaint or uphold allegations made. When carrying out a Complaint Handling Review (CHR) we consider a number of factors, including whether police carried out sufficient enquiries; their response was supported by the material information available and whether the police response was adequately reasoned.

    See a Report Summary of the relevant CHR below. To comply with UK Government accessibility regulations we no longer publish documents in PDF form, so it’s currently not feasible for us to publish a full copy of the report.

    The Complaints

    The complaints in this case arose following the applicant’s autistic teenage son, Mr A, being held in police custody and charged with rape. We have reviewed the handling of eight complaints, namely that: 

    1. On 20 May 2021, the applicant’s son, Mr A, was questioned by a police officer at a Police Station regarding previous allegations without appropriate representation;
    2. On 20 May 2021, the decision to release Mr A on Police Undertaking was revoked and he was held in custody unnecessarily without alternative options being sought;
    3. On 20 May 2021, Mr A’s solicitor was not informed that Mr A was no longer being released on police undertaking and was to be held in custody to appear at court on 21 May 2021.
    4. On 20 May 2021, Mr A was unable to speak to a family member for explanation and reassurance when circumstances changed regarding his release from police custody, causing him avoidable distress;
    5. On 20 May 2021, Mr A was unnecessarily searched before being placed in a police cell, having already been searched at home and on arrival at a custody centre, and having been in the presence of police at all times while at a custody centre;
    6. On 20 May 2021, a message left by Mr A’s solicitor at a Police Station was not acted upon by the relevant person;
    7. On 20 May 2021, after being told that you could contact a custody centre at any time for an update regarding Mr A, you were later told that custody staff were not obliged to provide such an update; and,
    8. On 21 May 2021, the applicant’s husband, Mr B, was asked to attend a Police Station to collect Mr A who he was told was being released immediately. He was then incorrectly advised to leave the Police Station and that the release process would take several hours despite the fact that, following intervention by Mr A’s solicitor, Mr A was released within 20 minutes.

    Police Scotland’s Decision

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

    Our Findings

    We have found that Police Scotland handled complaints 1, 2, 3, 4, 5, 7 and 8 to a reasonable standard but not so complaint 6. No further action is required.

     

     

     

    Police Bodies : Police Scotland

  • 24 January 2023 | Complaint Reviews

    Report – Police Scotland – PIRC/00326/22

    Our role is to review the way in which policing bodies handle complaints made about them. It is not to investigate the circumstances which led to the complaint or uphold allegations made. When carrying out a Complaint Handling Review (CHR) we consider a number of factors, including whether police carried out sufficient enquiries; their response was supported by the material information available and whether the police response was adequately reasoned.

    See a Report Summary of the relevant CHR below. To comply with UK Government accessibility regulations we no longer publish documents in PDF form, so it’s currently not feasible for us to publish a full copy of the report.

    The Complaints

    The complaints in this case arose after the applicant made an allegation against a serving police officer, regarding their conduct. We have reviewed the handling of three complaints, namely that: 

    1. A Detective Inspector failed to conduct sufficient and appropriate enquiry into the conduct of a serving police officer, which the applicant believes constituted a breach of the peace;
    2. No action was taken by Police Scotland with regards to a previous report made about a named officer, whom the applicant alleges posted on social media that he had been bullied by an unnamed senior manager, which the applicant believes was directed at him; and,
    3. An incident reported by the applicant involving a serving officer was wrongly categorised as an off-duty incident. 

    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 of the applicant’s complaints to a reasonable standard.

    No further action is required in this connection.

     

     

     

    Police Bodies : Police Scotland

  • 24 January 2023 | Complaint Reviews

    Report – Police Scotland – PIRC/00324/22

    Our role is to review the way in which policing bodies handle complaints made about them. It is not to investigate the circumstances which led to the complaint or uphold allegations made. When carrying out a Complaint Handling Review (CHR) we consider a number of factors, including whether police carried out sufficient enquiries; their response was supported by the material information available and whether the police response was adequately reasoned.

    See a Report Summary of the relevant CHR below. To comply with UK Government accessibility regulations we no longer publish documents in PDF form, so it’s currently not feasible for us to publish a full copy of the report.

    The Complaints

    The complaints in this case arose after the applicant was charged with breaching a Non-harassment Order.  We have reviewed the handling of three complaints, namely that: 

    1. an officer charged the applicant with an offence without grounds to do so
    2. Police Scotland failed to conduct a full and proper investigation into the actions of two named individuals, which led to the applicant being charged; and
    3. between 14 February 2022 and 24 August 2022, officers failed to provide the applicant with any update in respect of the concern she highlighted in an email to a named officer on 14 February 2022 

    Police Scotland’s Decision

    Police Scotland did not uphold complaints one and two and upheld complaint three. 

     

    Our Findings

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

    No further action is required of Police Scotland in relation to the complaints considered in this review.

    Police Bodies : Police Scotland

  • 17 January 2023 | Complaint Reviews

    Report – Police Scotland – PIRC/00445/22

    Our role is to review the way in which policing bodies handle complaints made about them. It is not to investigate the circumstances which led to the complaint or uphold allegations made. When carrying out a Complaint Handling Review (CHR) we consider a number of factors, including whether police carried out sufficient enquiries; their response was supported by the material information available and whether the police response was adequately reasoned.

    See a Report Summary of the relevant CHR below. To comply with UK Government accessibility regulations we no longer publish documents in PDF form, so it’s currently not feasible for us to publish a full copy of the report.

    The Complaints

    The complaints in this case arose following the applicant’s contact with the police in May 2016 and October 2021. We have reviewed the handling of two complaints, namely that: 

    1. In May 2016, police officers who attended the applicant’s home were rude and dismissive towards him; and
    2. When the applicant’s phone was returned to him by Police Scotland in October 2021, the case was damaged. 

    Police Scotland’s Decision

    Police Scotland did not provide the applicant with a determination on complaint 1, and did not uphold complaint 2. 

    Our Findings

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

    Police Bodies : Police Scotland

  • 06 January 2023 | Complaint Reviews

    Report – Police Scotland– PIRC/00403/22

    Our role is to review the way in which policing bodies handle complaints made about them. It is not to investigate the circumstances which led to the complaint or uphold allegations made. When carrying out a Complaint Handling Review (CHR) we consider a number of factors, including whether police carried out sufficient enquiries; their response was supported by the material information available and whether the police response was adequately reasoned.

    See a Report Summary of the relevant CHR below. To comply with UK Government accessibility regulations we no longer publish documents in PDF form, so it’s currently not feasible for us to publish a full copy of the report.

    The Complaint

    The complaint in this case arose after the applicant contacted the police to report the conduct of his neighbours. We have reviewed the handling of a single complaint, namely that: 

    1. Police Scotland have failed to take any action against the applicant’s neighbours in response to anti-social behaviour and drug dealing. 

    Police Scotland’s Decision

    Police Scotland recorded that the applicant’s complaint was not upheld. 

    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. In summary, we have recommended that Police Scotland conducts further necessary and proportionate enquiry into the complaint. Police Scotland should then provide the applicant with a further response.

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

     

     

    Police Bodies : Police Scotland

  • 06 January 2023 | Complaint Reviews

    Report – Police Scotland– PIRC/00375/22

    Our role is to review the way in which policing bodies handle complaints made about them. It is not to investigate the circumstances which led to the complaint or uphold allegations made. When carrying out a Complaint Handling Review (CHR) we consider a number of factors, including whether police carried out sufficient enquiries; their response was supported by the material information available and whether the police response was adequately reasoned.

    See a Report Summary of the relevant CHR below. To comply with UK Government accessibility regulations we no longer publish documents in PDF form, so it’s currently not feasible for us to publish a full copy of the report.

    The Complaints

    The complaints in this case arose following police attendance at the applicant’s address in relation to a report of an ongoing disturbance.  We have reviewed the handling of three complaints, namely that: 

    1. A police officer barged past the applicant, using his body, to enter her home;
    2. The same officer grabbed the applicant’s right wrist, causing her pain; and
    3. The same officer was rude, disinterested in the applicant’s explanation and would not listen to her 

    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 of the applicant’s complaints to a reasonable standard.

    No further action is required of Police Scotland in relation to the complaints considered in this review.

    Police Bodies : Police Scotland

  • 29 December 2022 | Complaint Reviews

    Report – Police Scotland – PIRC/00573/21

    Our role is to review the way in which policing bodies handle complaints made about them. It is not to investigate the circumstances which led to the complaint or uphold allegations made. When carrying out a Complaint Handling Review (CHR) we consider a number of factors, including whether police carried out sufficient enquiries; their response was supported by the material information available and whether the police response was adequately reasoned. 

    See a Report Summary of the relevant CHR below. To comply with UK Government accessibility regulations we no longer publish documents in PDF form, so it’s currently not feasible for us to publish a full copy of the report.

    The Complaints

    The complaints in this case arose after the applicant made a report to Police Scotland regarding an altercation with his neighbour. 

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

    1. on 24 July 2021, officers advised the applicant that he would be contacted the following day to take a statement in relation to his report about his neighbour. However, no contact was made with him; and
    2. Police Scotland failed to contact the applicant after he was told by a service advisor, by phone, that an email would be sent to an officer to call him back. 

    Police Scotland’s Decision

    Police Scotland did not uphold the applicant’s complaints. 

    Our Findings

    We have found that Police Scotland did not handle the complaints to a reasonable standard.

    Consequently, we have made three recommendations to address the shortcomings in Police Scotland’s handling of the complaints.

    Our recommendations should be implemented by Police Scotland within two months of the date of this report.

    Police Bodies : Police Scotland

  • 29 December 2022 | Complaint Reviews

    Report – Police Scotland – PIRC/00436/21

    Our role is to review the way in which policing bodies handle complaints made about them. It is not to investigate the circumstances which led to the complaint or uphold allegations made. When carrying out a Complaint Handling Review (CHR) we consider a number of factors, including whether police carried out sufficient enquiries; their response was supported by the material information available and whether the police response was adequately reasoned. 

    See a Report Summary of the relevant CHR below. To comply with UK Government accessibility regulations we no longer publish documents in PDF form, so it’s currently not feasible for us to publish a full copy of the report.

    The Complaints

    The complaints in this case arose as a result of police contact with the applicant during a criminal investigation, and when he was attempting to report alleged criminality to Police Scotland. We have reviewed the handling of eight complaints, namely that: 

    1. On 12 July 2019, an officer told the applicant that his mobile phone would be returned to him by the weekend; however, the applicant then established that, as his phone had been lodged as a production, it would not be returned until after the trial;
    2. On 12 March 2021, a Chief Inspector was rude and dismissive towards the applicant, and prevented him from reporting a crime by telling him to leave;
    3. On 10 June 2019, an officer created a Vulnerable Persons Database entry for the applicant which contained false and incorrect information;
    4. On 20 June 2021, the applicant was informed by a member of police staff that he was not allowed to report a breach of the peace as per a memorandum issued by Police Scotland’s Professional Standards Department.
    5. On 20 June 2021, the applicant spoke to two different service advisors at 101, both of whom told him that the matter he was attempting to report was not a crime, and became unhelpful and arrogant towards him;
    6. A member of staff from the Professional Standards Department has issued a direction that all operational staff are to turn the applicant away should he wish to report a crime, thus denying his right to access a public service;
    7. On 19 April 2021, two officers did not act upon new information provided to them by the applicant; did not conduct any investigation; and did not charge the suspect; and
    8. Since making a complaint, the applicant has received a poor quality of service from different departments and individuals within Police Scotland.

    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 to 7 to a reasonable standard but not so complaint 8.

    Consequently, we have made a recommendation to address the shortcomings in Police Scotland’s handling of complaint 8.

    In summary, we have recommended that Police Scotland reassesses complaint 8; notifies both the PIRC and the applicant of the outcome of that reassessment; and records and responds to any specific quality of service complaints that have not already been dealt with, in accordance with the procedures outlined in the Complaints SOP.

    Our recommendation should be completed by Police Scotland within two months of the date of this report.

    Police Bodies : Police Scotland

  • 29 December 2022 | Complaint Reviews

    Report – Police Scotland – PIRC/00401/21

    Our role is to review the way in which policing bodies handle complaints made about them. It is not to investigate the circumstances which led to the complaint or uphold allegations made. When carrying out a Complaint Handling Review (CHR) we consider a number of factors, including whether police carried out sufficient enquiries; their response was supported by the material information available and whether the police response was adequately reasoned. 

    See a Report Summary of the relevant CHR below. To comply with UK Government accessibility regulations we no longer publish documents in PDF form, so it’s currently not feasible for us to publish a full copy of the report.

    The Complaints

    The complaints in this case arose after the applicant was arrested and charged with assault following an altercation with door staff at a local bar. We have reviewed the handling of nine complaints, namely that: 

    1. officers arrested the applicant unnecessarily when he had been the victim of assault by door staff;
    2. officers failed to pick up on inconsistencies within witness statements provided by door staff and in which one member of door staff lied;
    3. officers maliciously charged the applicant with assault to cover their tracks, or to cover up an assault by door staff;
    4. the applicant is annoyed that he was placed in an anti-ligature suit after replying “Yeah, I’m a suicidal drug user” to one of the care and welfare questions;
    5. officers and an NHS custody nurse colluded to place the applicant in a cell after he had been medically assessed;
    6. an officer’s body language made it clear that he was hostile towards the applicant;
    7. the applicant is annoyed that he was roused by an officer during the night while in custody, who on one occasion was accompanied by the custody nurse, who forced his eyes open and shone a torch in them, making him feel “tormented”;
    8. an officer was uncivil towards the applicant, by stating “You are a horrible person”; and
    9. the applicant did not receive appropriate medical care while in custody. 

    Police Scotland’s Decision

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

    Our Findings

    We have found that Police Scotland handled three of the applicant’s complaints to a reasonable standard (4, 7 and 9) but not so the remaining six complaints.

    We have issued two reconsideration directions, made two recommendations and identified two learning points to address the shortcomings in Police Scotland’s handling of the complaints.

    Specifically, we have directed that Police Scotland reconsider complaints 1 and 2. We also recommend that further enquiries are carried out into complaint 3 and that complaint 8 is reassessed. A further response should then be issued to the applicant.

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

    Police Bodies : Police Scotland

  • 29 December 2022 | Complaint Reviews

    Report – Police Scotland – PIRC/00348/21

    Our role is to review the way in which policing bodies handle complaints made about them. It is not to investigate the circumstances which led to the complaint or uphold allegations made. When carrying out a Complaint Handling Review (CHR) we consider a number of factors, including whether police carried out sufficient enquiries; their response was supported by the material information available and whether the police response was adequately reasoned. 

    See a Report Summary of the relevant CHR below. To comply with UK Government accessibility regulations we no longer publish documents in PDF form, so it’s currently not feasible for us to publish a full copy of the report.

    The Complaints

    The complaints in this case arose following an officer from Police Scotland attending the applicant’s home while dealing with a dispute between neighbours.

    We have reviewed the handling of two complaints, namely:

    1. the applicant was dissatisfied that officers attended his home address on 31 March 2020 to speak with him; and
    2. Police Scotland failed to recognise his disability and did not make necessary adjustments in how they communicated with him.

    Police Scotland’s Decision

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

    Our Findings

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

    No further action is required by Police Scotland.

    Police Bodies : Police Scotland