Publications

25 March 2019 | Complaint Reviews

Report - Police Scotland PIRC/00224/18

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 when the applicant made an allegation to the police that a colleague had racially abused him. We have reviewed one complaint, namely that:

1. Police Scotland did not investigate the applicant’s complaint regarding a hate crime properly, and the investigation was conducted poorly.

Police Scotland’s Decision

Police Scotland upheld 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 of Police Scotland in relation to the complaint considered in this review.

Police Bodies : Police Scotland

25 March 2019 | Complaint Reviews

Report - Police Scotland PIRC/00171/18

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 officers attended at the applicant’s address to deal with a noise complaint. We have reviewed two complaints, namely that:

1. on 22 April 2018, an officer was unprofessional in her dealings with the applicant by raising her voice and in her general manner; and
2. on the same date, officers attended the wrong address pertaining to an initial noise complaint.

Police Scotland’s Decision

Police Scotland did not uphold complaint 1 and have not made a determination in relation to complaint 2.

Our Findings

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

Consequently, we have made one recommendation and identified two learning points to address the shortcomings in Police Scotland’s handling of each of the complaints. In summary, we recommend that complaint 2 is recorded as a separate complaint, that a determination is made in relation to it, and that a further response is then sent to the applicant.

No further action is required in relation to complaint 1.

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

Police Bodies : Police Scotland

25 March 2019 | Complaint Reviews

Report - Police Scotland PIRC/00146/18

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 following the applicant reporting to the police that he had been raped. We have reviewed four complaints, namely that:

1. the two interviewing officers made him feel humiliated and worthless;
2. the applicant should not have been interviewed at that time;
3. the applicant did not receive a forensic medical examination; and
4. officers deliberately withheld the keys to his home.

Police Scotland’s Decision

Police Scotland did not uphold complaints 1 and 3. Complaints 2 and 4 were not recorded by Police Scotland.

Our Findings

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

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

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

Police Bodies : Police Scotland

25 March 2019 | Complaint Reviews

Report - Police Scotland PIRC/00127/18

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 following the applicant reporting to Police Scotland that he had received a phone call from his wife which he believed to be abusive. We have reviewed the handling of two complaints, namely:

1. that an officer refused to investigate the phone call; and
2. that the police acted with bias against the applicant in their failure to investigate the allegation he made against his wife.

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.

Notwithstanding, we have made a recommendation that the police update their records. We expect our recommendation to be implemented by Police Scotland within two months of the date of this report.

Police Bodies : Police Scotland

25 March 2019 | Complaint Reviews

Report - Police Scotland PIRC/00033/18

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 as a result of the circumstances in which the applicant was moved between cells within prison. We have reviewed two complaints, namely that:

1. on or after 23 March 2018, the applicant is dissatisfied that an officer did not investigate a report of assault on him by prison officers; and
2. on or after the same date, the applicant is dissatisfied that an officer did not investigate the theft of property from his cell.

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 2 to a reasonable standard but did not handle complaint 1 to a reasonable standard.

Consequently, we have issued a reconsideration direction to address the shortcomings in Police Scotland’s handling of complaint 1.

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

Police Bodies : Police Scotland

25 March 2019 | Complaint Reviews

Report - Police Scotland PIRC/00554/17

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 Complaints

The complaints in this case arose during a neighbour dispute over parking which led to the applicant’s wife (Mrs A) being arrested. We have reviewed nine complaints, namely:

1. that on several occasions, between 20 and 22 September 2017, officers failed to communicate why they were unaware of previous incidents;
2. that officers failed to carry out a sufficient enquiry into a neighbourhood dispute;
3. that on 22 September 2017, officers did not take cognisance of Mrs A’s mental illness and did not adequately explain their intentions;
4. that officers failed to tell Mrs A why she was arrested;
5. that officers removed Mrs A’s hairband causing her discomfort;
6. that officers refused Mrs A water, both a glass of drinking water and soapy water to wash her hands;
7. that on 23 September 2017, at the police office, officers took 6 hours to seek medical attention for Mrs A;
8. that officers failed to communicate to Mrs A when she would be going to hospital;
9. that whilst in her cell, an officer pulled Mrs A up roughly from her bed.

Police Scotland’s Decision

Police Scotland upheld complaints 2 and 3. The remaining seven complaints were not upheld.

Our Findings

We have found that Police Scotland handled complaints 2, 3, 4, 5 and 9 to a reasonable standard but that complaints 1, 6, 7 and 8 were not reasonably handled.

Consequently, we have made three recommendations to address the shortcomings in Police Scotland’s handling of complaints 1, 6 and 8 as follows:

1. We recommend that Police Scotland obtains further accounts from the officers who responded to calls from the applicant’s neighbour on 20, 21 and 22 September 2017 to establish what they knew about the ongoing issues before they attended. Police Scotland should then issue a further response to the applicant which assesses whether the level of information the officers had was acceptable under the circumstances.

6. We recommend that Police Scotland issues a further response to this complaint which takes account of all available information. If Police Scotland agrees with our assessment that Mrs A did ask to wash her hands, the further response should explain whether such a request would be considered reasonable, and whether any refusal to allow her to wash her hands after using the toilet was in accordance with the custody procedures.

8. We recommend that Police Scotland seeks an account from the custody nurse to clarify what she told Mrs A about when she would be taken to hospital. Police Scotland should then issue a further response to this complaint that takes account of the nurse’s statement.

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

Police Bodies : Police Scotland

18 March 2019 | Complaint Reviews

Report - Police Scotland PIRC/00037/18

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 when the applicant was stopped by police officers at an airport on 16 January 2018. We have reviewed three complaints, namely:

1. that the officers who searched the applicant did not identify themselves by name;
2. that the officers who detained and searched the applicant did not afford him the right to have a solicitor and/or another named person notified of his detention; and
3. that the officers did not have reasonable cause to suspect that the applicant was in possession of drugs and that he should not have been searched or strip-searched.

Police Scotland’s Decision

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

Our Findings

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

Police Bodies : Police Scotland

18 February 2019 | Complaint Reviews

Report - Police Scotland PIRC/00016/18

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 officers attended at the applicant’s address to return property to her. We have reviewed three complaints, namely that:

1. on 21 December 2017, an officer was uncivil towards the applicant when visiting her home;
2. on 21 December 2017, officers failed to inform the applicant whether she was a suspect or under arrest; and
3. on 11 January 2018, an officer provided the applicant with incorrect information when she advised him that she would be making a 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 complaints 1 and 3 to a reasonable standard; but not complaint 2.

Consequently, we have made a recommendation to address the shortcomings that we have identified in Police Scotland’s handling of complaint 2. In summary, we recommend that further enquiry be carried out in relation to this complaint, taking account of the observations we have made within this report. A further response should then be sent 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

11 February 2019 | Complaint Reviews

Report - Police Scotland PIRC/00094/18

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 following the applicant’s detention and subsequent arrest in connection with an alleged domestic related incident. We have reviewed five complaints, namely:

1. that he was arrested before statements were taken from all of the prosecution witnesses, and he was unhappy at how these statements were obtained;
2. that no defence statements were noted from his family;
3. that a statement was not obtained from his sister-in-law;
4. that no photographs were taken of his hands; and
5. that he should not have been held in custody, but should have been released on an undertaking.

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, 4 and 5 to a reasonable standard; but not complaint 3.

Consequently, we have made a recommendation to address the shortcoming we have identified in relation to complaint 3. In summary, we recommend that Police Scotland reassess the complaint and provide the applicant with a further response.

We have also made an additional recommendation to rectify a further shortcoming that we have identified. In this regard, we have recommended that Police Scotland record complaints 1, 2, 3 and 4 of our report separately.

In addition, we have issued a learning point in connection with a shortcoming that we have identified in relation to Police Scotland’s overall 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

11 February 2019 | Complaint Reviews

Report - Police Scotland PIRC/00623/17

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 Complaints

The complaints in this case arose after the applicant made a number of allegations to the police, including one of dangerous driving. The applicant was subsequently charged with wasting police time. We have reviewed four complaints, namely that:

1. in July 2017, an officer did not carry out proper enquiries into a stalking allegation made by the applicant and her daughter;

2. during an enquiry into a dangerous driving incident, an officer insisted that the applicant’s daughter provide him with a statement when she did not wish to do so;

3. an officer provided the applicant’s daughter with incorrect information whilst he was charging her with wasting police time; and

4. the applicant believes that she is being persecuted by the police for being Catholic and of gypsy descent.

Police Scotland’s Decision

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

Our Findings

We have found that Police Scotland have not handled any of the applicant’s complaints to a reasonable standard.

Consequently, we have made three recommendations to address the shortcomings that we have identified in Police Scotland’s handling of each of the complaints. In summary, we recommend that a full and auditable investigation is carried out into complaints 2, 3 and 4. A further response should then be sent to the applicant.

No further action is required in relation to complaint 1.

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

Police Bodies : Police Scotland