Publications

23 March 2020 | Complaint Reviews

Report - Police Scotland PIRC/00396/19

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.

Executive Summary

The complaints in this case arose after the applicant contacted Police Scotland seeking advice about
her ex-husband, who is a serving police officer.

The Complaints

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

1. The applicant was informed that there would be no repercussions following her contact with
the police on 16 October 2017 when in fact a record was created; and
2. The applicant was dissatisfied that her ex-husband was made aware of her call to the police
on 16 October 2017.

Police Scotland’s Decision

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

Our Findings

We have found that Police Scotland handled both complaints to a reasonable standard. There is
no further action required of Police Scotland in this connection.

Police Bodies : Police Scotland

23 March 2020 | Complaint Reviews

Report - Police Scotland PIRC/00350/19

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.

Executive Summary

The complaint in this case arose after the applicant reported an allegation of fraud to Police Scotland.

The Complaints

We have reviewed the handling of a single complaint, namely that the applicant reported an
allegation of fraud to Police Scotland, which they have incorrectly concluded is a civil matter,
rather than a criminal matter.

Police Scotland’s Decision

Police Scotland did not uphold the complaint.

Our Findings

We have found that Police Scotland handled the complaint to a reasonable standard. There is no
further action required in this connection.

Police Bodies : Police Scotland

23 March 2020 | Complaint Reviews

Report - Police Scotland PIRC/00331/19

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.

Executive Summary

The complaints in this case arose following the applicant making a complaint and being dissatisfied
with the Enquiry Officer’s conduct.

The Complaints

We have reviewed the handling of 3 complaints, namely that:
1. an Inspector had a bad attitude towards the applicant during a telephone call;
2. an Inspector terminated his call with the applicant on two occasions; and
3. an Inspector refused to expand on why he was not upholding the applicant’s complaint.

Police Scotland’s Decision

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

Our Findings

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

Police Bodies : Police Scotland

23 March 2020 | Complaint Reviews

Report - Police Scotland PIRC/00272/19

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.

Executive Summary

The complaint in this case arose following officers forcing entry into the applicant’s home.

The Complaint

We have reviewed the handling of 1 complaint, namely that officers failed to carry out sufficient
enquiry into a welfare call prior to forcing entry into the applicant’s home.

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 from Police Scotland in this connection.

Police Bodies : Police Scotland

23 March 2020 | Complaint Reviews

Report - Police Scotland PIRC/00160/19

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.

Executive Summary

The complaints in this case arose after the applicant was charged with an offence under section 38 of
the Criminal Justice and Licensing (Scotland) Act 2010.

The Complaints

We have reviewed the handling of two complaints, namely:

1. that Police Scotland incorrectly categorised an incident involving the applicant on 12 January
2019 as criminal in nature;
2. that Police Scotland should not have seized the applicant’s air weapons and his firearms
licence.

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 in connection with the complaints.

Police Bodies : Police Scotland

23 March 2020 | Complaint Reviews

Report - Police Scotland PIRC/00144/19

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.

Executive Summary

The complaints in this case arose following a report to Police Scotland of the attempted theft of a quad
bike.

The Complaints

We have reviewed the handling of four complaints, namely:
1. that an officer did not fully explain to the applicant the reason why he was to attend at the
police station on 5 April 2017 as the applicant was not aware he was going to be interviewed
and charged;
2. that the applicant was advised by the officer that he should not go looking for his neighbours
sheep on neighbouring property and if he did, this would bring trouble to his door;
3. that, a year prior to the applicant being interviewed, an officer did not tell him the real reason
she was attending at his neighbours property; and
4. that the officer investigating the matter was not impartial as she was friends with the
applicant’s neighbours on social media.

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 2 and 3 to a reasonable standard but not
complaints 1 and 4.

Consequently, we have given a reconsideration direction and made a recommendation to address
the shortcomings we have identified in Police Scotland’s handling of complaints 1 and 4.

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

Police Bodies : Police Scotland

23 March 2020 | Complaint Reviews

Report - Police Scotland PIRC/00013/19

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.

Executive Summary

The complaints in this case arose following the applicant being removed from a train by officers from
the British Transport Police (BTP) after he was involved in a dispute with a fellow passenger.

The Complaints

We have reviewed the handling of five complaints, namely that:
1. officers used excessive force to eject the applicant from a train;
2. officers treated the applicant differently because he was male;
3. an officer detained the applicant for no legal reason;
4. an officer acted in a discriminatory way because the applicant was wearing a badge displaying
a particular political philosophy; and
5. officers surrounded the applicant in an intimidating and confrontational manner on the
platform.

The BTP’s Decision

The BTP determined that there was no case to answer in respect of complaints 1 to 4, and did not
record or respond to complaint 5.

Our Findings

We have found that the BTP handled complaints 1 to 3 to a reasonable standard, but not so
complaints 4 and 5.

Consequently, we have made two recommendations to address the shortcomings in relation to
complaints 4 and 5.

In summary, we have recommended that the BTP carry out further enquiries in respect of complaint 4 and that complaint 5 be recorded and responded to. Our recommendations should be implemented by the BTP within two months of the date of this report. We have also identified a learning point for the BTP.

Police Bodies : British Transport Police

02 March 2020 | Complaint Reviews

Report - Police Scotland PIRC/00188/19

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.

Executive Summary

The complaints in this case arose after the applicant was arrested for failing to appear at court.

The Complaints

We have reviewed the handling of three complaints, namely that on 19 March 2019:

1. A strip search was authorised which the applicant felt was unjustified;
2. A strip search was carried out in a manner that left the applicant feeling that he had been robbed of his dignity; and
3. Officers referred to the applicant as "radge".

Police Scotland’s Decision

Police Scotland did not uphold any of the complaints.

Our Findings

We have found that Police Scotland handled all complaints to a reasonable standard.

Police Bodies : Police Scotland

02 March 2020 | Complaint Reviews

Report - Police Scotland PIRC/00322/18

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.

Executive Summary

The complaints in this case arose after the applicant reported an assault and instances of victimisation to Police Scotland

The Complaints

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

1. Police Scotland failed to protect the applicant, as a victim of crime, from repeat victimisation, intimidation and retaliation;
2. Police Scotland did not respond to the applicant’s emergency call on 7 May 2018 despite being advised by an officer on 5 May 2018 to call 999 should a threat against him materialise;
3. incidents the applicant reported on 7 and 11 May 2018 were not recorded as crimes, meaning that the applicant was not identified as a repeat victim; and
4. Police Scotland did not resolve the applicant’s concerns in accordance with the provisions of the Victims and Witnesses (Scotland) Act 2014.

Police Scotland’s Decision

Police Scotland recorded a single over-arching complaint which was not upheld.

Our Findings

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

We have not made any recommendation in respect of the shortcomings we identified in the handling of complaint 3. However, we recommend that Police Scotland records complaints 2, 3 and 4 as separate allegations.

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

Police Bodies : Police Scotland

02 March 2020 | Complaint Reviews

Report - Police Scotland PIRC/00098/19

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.

Executive Summary

The complaints in this case arose following a road traffic collision involving the applicant.

The Complaints

We have reviewed the handling of two complaints, namely:

1. that Police Scotland failed to make full enquiries into the incident by not taking witness statements from passers-by; and
2. that an officer was dismissive when talking to the applicant following the incident.

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 made a recommendation to address the shortcoming in Police Scotland’s handling of the complaint.

Our recommendation should be implemented by Police Scotland within 2 months of the date of this report.

Police Bodies : Police Scotland