Publications

25 January 2021 | Complaint Reviews

Report - Police Scotland PIRC/00446/20

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 an ‘Executive 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 was charged with engaging in a course of conduct which caused fear or alarm.

The applicant made one complaint about Police Scotland, namely that officers failed to take action against the reporter of an incident, despite knowing that the call received was bogus.

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.

No further action is required in relation to the complaint considered in this review.

Police Bodies : Police Scotland

25 January 2021 | Complaint Reviews

Report - Police Scotland PIRC/00139/20

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 an ‘Executive 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 making an allegation of fraud to the police. We have reviewed the handling of two complaints, namely:

1. that an officer incorrectly assessed the applicant’s allegation of fraud as a civil matter; and
2. that an officer approached the agency that was the subject of the applicant’s report and alerted them to the allegation.

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 required from Police Scotland in connection with these complaints.

Police Bodies : Police Scotland

25 January 2021 | Complaint Reviews

Report - Police Scotland PIRC/00205/20

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 an ‘Executive 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 reported to the Crown Office and Procurator Fiscal Service as the accused in an alleged assault.

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

1. The applicant considers that the police did not carry out any enquiries to prove he had anything to do with the incident and his name appeared on a report without any evidence; and
2. The applicant is dissatisfied that an apprehension warrant was issued for his arrest in relation to a crime he knew nothing about and did not commit.

Police Scotland’s Decision

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

Our Findings

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

Consequently, we have made two recommendations to address the shortcomings in Police Scotland’s handling of the complaints. In summary, we recommend that Police Scotland provide the applicant with an apology for the shortcomings that they have identified in complaint 1, and re-assess complaint 2 taking cognisance of our observations before issuing the applicant with a further letter of response. Our recommendations should be implemented within two months of the date of this report.

Police Bodies : Police Scotland

25 January 2021 | Complaint Reviews

Report - Police Scotland PIRC/00224/20

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 an ‘Executive 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 from reports made by the applicant regarding the alleged theft of his cat. We have reviewed the handling of three complaints, namely:

1. that an officer did not take the report of the theft of the applicant’s cat seriously enough;
2. that an officer gave preferential treatment to the two potential suspects in respect of the applicant’s theft allegation; and
3. that an officer did not carry out the applicant’s request for the two potential suspects not to contact him.

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 complaints 1 and 3 to a reasonable standard, but not so complaint 2. However, no further action is required in this connection.

Police Bodies : Police Scotland

25 January 2021 | Complaint Reviews

Report - Police Scotland PIRC/00152/20

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 an ‘Executive 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 following the applicant’s reports of road traffic issues.

We have reviewed the handling of a single complaint, namely that Police Scotland advised the applicant that action would be taken regarding his concerns of road traffic issues at a mini roundabout, however this action did not materialise.

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. In summary we have recommended that Police Scotland undertake additional enquiry and provide the applicant with a further response.

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

Police Bodies : Police Scotland

20 January 2021 | Complaint Reviews

Report - Police Scotland PIRC/00513/19

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 an ‘Executive 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 number of allegations against her ex-partner. The applicant made five complaints about Police Scotland, namely that:

1. the applicant’s ex-partner was released from police custody without sufficient protective measures being put in place to keep her safe from harassment;
2. on 21 July 2019 officers failed to carry out sufficient enquiries into a reported break in at the applicant’s property by her ex-partner, which she believed was because the attending officers and her ex-partner knew each other;
3. on the same date officers failed to arrest the applicant’s ex-partner in relation to reported crimes;
4. on 23 July 2019 officers failed to note a report of theft from the applicant’s property by her ex-partner, advising her that it was a civil matter; and
5. on 3 August 2019 officers failed to take action against the applicant’s ex-partner in relation to him contacting the tenant of her property.

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 and 5 to a reasonable standard but not so complaints 2, 3 and 4.

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

05 January 2021 | Complaint Reviews

Report - Police Scotland PIRC/00082/20

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 an ‘Executive 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 engaging in a course of conduct which caused fear or alarm. The applicant made eight complaints about Police Scotland that:

1. officers assisted, or failed to challenge, witnesses making false allegations against the applicant;
2. officers failed to inform the Procurator Fiscal of relevant information, specifically that the applicant had previously been the victim of a disability hate crime;
3. officers failed to deal with the applicant’s report that he had been subjected to sectarian comments, despite him having reported this to officers and 101 call handlers between February and July 2019;
4. officers failed to charge the individual responsible for the sectarian comments;
5. officers asked the applicant to leave a self-help meeting;
6. officers failed to take account of a previously upheld complaint relating to similar circumstances by asking the applicant to leave the meeting;
7. officers were rude and discourteous to the applicant when he tried to lodge a complaint at a police station; and
8. officers were rude and discourteous to the applicant when he tried to lodge further complaints at a second police station.

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 4 to reasonable standard but not so complaints 5 to 8.

Consequently, we have made two recommendations to address the shortcomings in Police Scotland’s handling of the complaints. In summary, we recommend that Police Scotland conducts further enquiry into complaint 7 and issues a fresh response to complaints 7 and 8.

Our recommendations should be implemented by Police Scotland within two months.

Police Bodies : Police Scotland

30 December 2020 | Complaint Reviews

Report - Police Scotland PIRC/00504/19

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 an ‘Executive 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 threatened to jump off a bridge and was arrested and held in custody over a weekend. The applicant made seven complaints about Police Scotland, that:

1. the applicant was told she would be released from custody on the Saturday but was instead detained to appear at court on the Monday;

2. the applicant was stripped of her clothing and left with only a blanket to cover her;

3. a male officer entered the applicant’s cell and pulled the blanket from the top half of her body while she was naked;

4. the applicant was not given water while in the holding area when she asked for it;

5. after vomiting in her cell, this was not cleaned up, despite the applicant advising officers of it;

6. the applicant was not provided access to a solicitor when she asked for one while in police custody; and

7. the applicant was subjected to abusive language while in police custody.

Police Scotland’s Decision

Police Scotland upheld complaints 5 and 7 but did not uphold the remainder of the applicant’s complaints.

Our Findings

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

We have given two reconsideration directions for complaints 2 and 6, meaning Police Scotland must look again at these complaints. This must be done by someone who has had no previous involvement in dealing with them.

Five recommendations have also been made to address the shortcomings in Police Scotland’s handling of the other complaints.

All actions should be completed by Police Scotland within two months of the date of this report.

Police Bodies : Police Scotland

30 December 2020 | Complaint Reviews

Report - Police Scotland PIRC/00305/20

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 an ‘Executive 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 from the arrest of the applicant’s son. We have reviewed the handling of two complaints:

1. that an officer failed to fully investigate an incident involving the applicant’s son, and to take statements from all witnesses;
2. that, despite being informed that the applicant’s son had autism, officers ignored this and the applicant’s son did not understand what was going on.

Police Scotland’s Decision

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

Our Findings

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

Consequently, we have given a recommendation to address the shortcoming in Police Scotland’s handling of complaint 2, namely to revisit the complaint in light of the police protocol on ‘appropriate adults’ and thereafter send a further response to the applicant. We have also identified a learning point for the police in respect of the content of that protocol. All actions should be implemented by Police Scotland within two months of the date of this report.

Police Bodies : Police Scotland

30 December 2020 | Complaint Reviews

Report - Police Scotland PIRC/00069/20

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 an ‘Executive 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 being arrested on suspicion of assault and taken to the police station.

We have reviewed the handling of four complaints, that:

1. two officers forcibly removed the applicant from her home by grabbing her wrists and pulling her;

2. the applicant was wrongly arrested;

3. a female PSCO pushed the applicant’s shoulders with excessive force; and

4. whilst the applicant was naked, a female PSCO officer looked at her in disgust.

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.

However, we have identified a learning point in the report in relation to the recording of complaints.

Police Bodies : Police Scotland