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  • 04 May 2022 | Complaint Reviews

    Report - Police Scotland - PIRC/00046/21

    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 from Police Scotland’s response to an ongoing neighbour dispute.

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

    1. On 15 May 2019, Police Scotland failed to investigate or update the applicant regarding an incident which she reported online concerning the conduct of her neighbour;
    2. On 3 July 2019, Police Scotland failed to investigate an incident which the applicant reported as a hate crime, and the applicant did not receive support from an unnamed organisation despite officers advising her that she would be “put forward for disability support”;
    3. On 1 August 2019, Police Scotland failed to take into account that an incident which the applicant reported, whilst minor in nature, was indicative of a continuation of harassment by her neighbours;
    4. On 2 August 2019, Police Scotland failed to update the applicant after she reported an incident, and the Resolution Team failed to support the applicant, despite assurances from Police Scotland that they would;
    5. On 1 November 2019, Police Scotland failed to investigate an incident reported by the applicant which they deemed to be trivial;
    6. On 1 November 2019, Police Scotland failed to respond to a further incident reported by the applicant and cancelled numerous pre-arranged appointments which caused the applicant unnecessary distress;
    7. On 19 December 2019, a police officer accused the applicant of “making it up” and said “it is in your head” in relation to reports made by the applicant regarding the conduct of her neighbours;
    8. On 21 January 2020, Police Scotland failed to respond to the applicant’s report that her neighbours had failed to comply with the terms of the ‘Resolution Agreement’;
    9. On 24 January 2020, Police Scotland failed to respond to or investigate the applicant’s report of racial hate and verbal abuse;
    10. On 29 January 2020, Police Scotland failed to respond to the applicant’s report that she was verbally abused by a workman;
    11. On 12 February 2020, a police officer failed to provide an appropriate response and took no action to an incident reported by the applicant;
    12. On 19 February 2020, Police Scotland failed to investigate an incident reported by the applicant, or provide an appropriate response, with one officer stating that the incident was “not disability hate”;
    13. On 19 February 2020, a Service Advisor was uncivil, unfriendly, unhelpful, arrogant, rude and argued with the applicant when she called to report an incident;
    14. On 2 May 2020, Police Scotland failed to investigate an incident as a hate crime and did not update the applicant regarding the outcome;
    15. On 5 and 16 May 2020, two police officers attended at the applicant’s home unannounced and were uncivil towards her;
    16. On 30 May 2020, Police Scotland failed to investigate incidents which were reported by the applicant’s husband;
    17. On 2 and 31 May 2020, Police Scotland failed to investigate or update the applicant regarding incidents reported;
    18. On 10 June 2020, an officer failed to take the applicant’s concerns that her neighbour’s security cameras were recording audio from the applicant’s property, seriously, and responded “it is what they do with it that matters”;
    19. On 10 June 2020, the same officer failed to update the applicant, despite saying that he would speak to the applicant’s neighbour to ascertain why they were utilising audio recording facilities; and
    20. On 9 September 2020, a Police Scotland Operations Manager called the applicant unannounced and was dismissive, rude and argumentative. 

    Police Scotland’s Decision

    Police Scotland upheld complaints 1, 12 and 14, but did not uphold the remainder of the applicant’s complaints. 

    Our Findings

    We have found that Police Scotland handled complaints 1, 2, 3, 5, 6, 8, 9, 10, 11, 16 and 20 to a reasonable standard, but not so complaints 4, 7, 12, 13, 14, 15, 17, 18 or 19. 

    Consequently, we have made a number of recommendations to address the shortcomings in Police Scotland’s handling of the complaints. In summary, we have recommended that Police Scotland re-assess a number of the applicant’s complaints, conduct further enquiries and provide a further response to the applicant which takes account of the observations made in our report.

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

     

     

    Police Bodies : Police Scotland

  • 04 May 2022 | Complaint Reviews

    Report - Police Scotland - PIRC/00629/20

    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 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 when Police Scotland contacted the applicant in relation to reports about alleged offences for which the applicant was the suspect.

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

    1. on 11 January 2019 an officer spoke to the applicant using a rude manner and tone during a phone call;
    2. the same officer later denied giving the applicant a verbal warning during the call, which the applicant viewed as dishonest;
    3. on 11 January 2019, the same officer did not act impartially when he issued the applicant with a recorded police warning;
    4. on 19 January 2019, an officer did not act impartially in connection with the matter for which the applicant was charged. 

    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. 

    Police Bodies : Police Scotland

  • 04 May 2022 | Complaint Reviews

    Report - Police Scotland - PIRC 00608/21

    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 complaint in this case arose following a physical altercation between the applicant and another male, which resulted in officers attending to undertake enquiry.

    We have reviewed the handling of a single complaint, namely that:

    • an officer failed to summon an ambulance for the applicant, despite the applicant being in pain and requesting that the officer do so. 

    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.

    There is no further action is required in this connection.

     

    Police Bodies : Police Scotland

  • 04 May 2022 | Complaint Reviews

    Report - Police Scotland - PIRC/00565/20

    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 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 Scotland’s engagement with the applicant following his allegations of coercive control and domestic abuse by his ex-partner, he himself having been the subject of and having faced criminal charges following allegations of a similar nature by his ex-partner. 

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

    • Police Scotland failed to sufficiently investigate the applicant’s reports of coercive control and domestic abuse by his ex-partner;
    • Police Scotland have failed to explain why officers visited and spoke to the applicant’s mother twice;
    • Police Scotland have discriminated against the applicant by treating him differently in relation to reports of domestic incidents between him and his ex-partner due to his gender;
    • Having arrested the applicant, officers placed him at increased risk of Covid-19 infection by failing to wear appropriate PPE or to provide him with appropriate PPE during transport to and processing within a Police Scotland custody suite;
    • An officer asked inappropriate questions and did not follow correct processes and procedures when interviewing the applicant’s children;
    • Officers stopped the applicant without explanation as to the reason he was stopped; and
    • An officer laughed towards the applicant when he was driving his motor vehicle. 

    Police Scotland’s Decision

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

    Our Findings

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

    Consequently, we have made three recommendations and identified a learning point to address the shortcomings in Police Scotland’s handling of the complaints. In summary, we have recommended that Police Scotland reassess the evidence available and provide the applicant with a fresh response in respect of complaints 1, 3 and 6.

    We have also identified a learning point to address a shortcoming in the style of Police Scotland’s letter of response. In summary, we have highlighted the importance of identifying individual officers when responding to complaints. 

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

     

     

     

     

     

     

    Police Bodies : Police Scotland

  • 04 May 2022 | Complaint Reviews

    Report - Police Scotland - PIRC/00495/21

    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 when Police Scotland arrested the applicant for an alleged offence of stalking and harassment.

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

    1. on 08 September 2021 an officer was disrespectful when arresting the applicant by saying that she could arrest anyone she wants
    2. the applicant was not given the opportunity to take his wheelchair or medication into custody as he was told he only had “half a minute” or he would be handcuffed.
    3. whilst in custody, a sergeant did not call an ambulance when the applicant said that he had chest pains;
    4. the applicant was not interviewed in relation to the matter he was arrested for;
    5. the offence was not serious enough to merit the applicant being arrested and taken into police custody; and
    6. Police Scotland failed to secure CCTV footage in relation to the applicant’s complaints. 

    Police Scotland’s Decision

    Police Scotland did not uphold complaints 1 to 5 but upheld complaint 6. 

    Our Findings

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

    Consequently, we have made a single recommendation to address the shortcomings in Police Scotland’s handling of complaint 3.

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

     

    Police Bodies : Police Scotland

  • 04 May 2022 | Complaint Reviews

    Report - Police Scotland - PIRC/00480/21

    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 taken into police custody.

    We have reviewed the handling of five complaints, namely: 

    1. that on 4 February 2021 the applicant was unlawfully arrested;
    2. the applicant spent an unreasonable amount of time in the cell of the police van;
    3. four police officers failed to explain to the applicant what was happening after her arrest;
    4. a male custody officer was uncivil to the applicant by stating “Maybe when you sober up you will remember where you have been”; and
    5. a male custody officer was uncivil to the applicant by stating “We are sick of you banging all night”. 

    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, 2 and 3 to a reasonable standard but no so complaints 4 and 5.   We have not made any recommendation in this connection.

    Police Bodies : Police Scotland

  • 04 May 2022 | Complaint Reviews

    Report - Police Scotland - PIRC/00297/21

    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 when police officers attended at the applicant’s home during their attempts to locate and apprehend the applicant’s son who was the subject of a petition warrant. 

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

    1. On 26 September 2020, a police officer refused to allow the applicant to read the contents of a warrant which the officer stated authorised him to enter the applicant’s home, by force if necessary, prior to officers entering the property;
    2. On 26 September 2020, police officers entered the applicant’s property between his house and garage without wearing face masks or suitable PPE;
    3. On 26 September 2020, a police officer approached the applicant in a manner in which whilst shouting at him, he was not wearing suitable face protection and allowed his spittle and saliva to land on the applicant’s face; and
    4. On 26 September 2020, a police officer kicked the applicant’s dog prior to using his foot to forcibly move the applicant’s dog out of his way before exiting the garage. 

    Police Scotland’s Decision

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

    Our Findings

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

    There is no further action required of Police Scotland.

     

    Police Bodies : Police Scotland

  • 04 May 2022 | Complaint Reviews

    Report - Police Scotland - PIRC/00293/21

    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 from Police Scotland’s investigation of a report of fraud made by the applicant’s cousin.

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

    1. Police Scotland carried out insufficient enquiry into a reported incident by not considering information that the applicant offered to provide; and
    2. The length of time taken by Police Scotland to investigate the applicant’s complaint was excessive. 

    Police Scotland’s Decision

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

    Our Findings

    We have found that Police Scotland handled both of the applicant’s complaints to a reasonable standard. There is no further action required of Police

    Police Bodies : Police Scotland

  • 04 May 2022 | Complaint Reviews

    Report - Police Scotland - PIRC/00288/21

    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 when the applicant reported an alleged fraud to Police Scotland, and later called Police Scotland for an update on the progress of the investigation. 

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

     

    1. Police Scotland did not properly investigate a fraud that the applicant reported in September 2020;
    2. Police Scotland did not fully update the applicant between September 2020 and 30 March 2021 in relation to her report of fraud;
    3. On 30 March 2021, Police Scotland unnecessarily forced entry to the applicant’s home causing damage to the front door;
    4. Police officers laughed at the applicant whilst attending her home;
    5. Two police officers used excessive force by grabbing the applicant’s wrists and dragging her into an ambulance; and
    6. A police officer was rude to the applicant at the hospital by saying that she would be “sectioned”. 

    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 2,3,4,5 and 6 to a reasonable standard but not so complaint 1.

    Consequently, we have made a recommendation to address the shortcomings in Police Scotland’s handling of complaint 1.  In summary, we have asked Police Scotland to provide the applicant with a further response to this complaint.  

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

     

     

    Police Bodies : Police Scotland

  • 04 May 2022 | Complaint Reviews

    Report - Police Scotland - PIRC/00247/21

    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 attendance by police officers at the applicant’s home address on two occasions following (i) a disagreement between the applicant and his neighbour over music being played which resulted in the applicant’s arrest and (ii) concerns about the applicant’s health and welfare. 

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

    1. On 19 February 2021, the applicant was handcuffed to the rear and on complaining that handcuffs were too tight felt them being tightened;
    2. When the applicant was arrested on 19 February 2021, officers failed to allow him to get properly dressed, collect his medication, wallet and phone; and
    3. Between 18 February 2021 and 25 February 2021, officers removed a piece of wood and an aluminium pole from the applicant’s home address with no lawful reason. 

    Police Scotland’s Decision

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

    Our Findings

    We have found that Police Scotland handled all of the applicant’s complaints to a reasonable standard. Despite this, we have made a single recommendation. The recommendation is in respect of no apology having been provided to the applicant, despite his complaint being upheld.

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

     

    Police Bodies : Police Scotland