Publications

04 November 2019 | Complaint Reviews

Report - Police Scotland PIRC/00392/16

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 from an incident that occurred at a licenced premises, and allegations made by the applicant of historic sexual offences. We have reviewed the handling of three complaints, namely:

1. that witness statements were not taken before the police submitted a report to the Crown Office and Procurator Fiscal Service (COPFS);
2. that the applicant provided the police with a statement in relation to the alleged historic sexual offences against her, but this and other statements were not supplied to the COPFS in connection with the incident at the public house; and
3. that a sergeant made an inappropriate comment to a witness regarding the applicant’s case.

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 so complaint 1. However, we have not recommended any further action on the part of Police Scotland.

Police Bodies : Police Scotland

04 November 2019 | Complaint Reviews

Report - Police Scotland PIRC/00650/18

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 being arrested, interviewed and having his mobile phone seized in relation to an allegation of contravention of Section 127 of the Communication Act involving his ex-partner. We have reviewed the handling of two complaints, namely that:

1. an officer is pursuing a personal vendetta against the applicant due to her friendship with his ex-partner; and
2. two officers threatened that they would seize two mobile phones and arrest the applicant if he failed to hand the required mobile phone over.

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 complaints to a reasonable standard.

We have determined that there is no further action required of Police Scotland in relation to the complaints.

Police Bodies : Police Scotland

04 November 2019 | Complaint Reviews

Report - Police Scotland PIRC/00616/18

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 the applicant reported a number of domestic incidents to police. We have reviewed the handling of three complaints, namely that:

1. two officers did not note or investigate allegations made by the applicant in July 2018 that she had been drugged and sexually assaulted by two males;
2. between 20 and 27 June 2018, police did not record or investigate two males access the applicant’s email and internet accounts; and
3. on 29 July 2019 an officer failed to investigate stalking offences.

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

04 November 2019 | Complaint Reviews

Report - Police Scotland PIRC/00596/18

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 the applicant’s vehicle was stopped by the police. We have reviewed the handling of five complaints, namely that:

1. an officer stopped the applicant in his vehicle in an unsafe and aggressive manner;
2. an officer instructed the applicant to leave his vehicle and was unable to provide him with any relevant legislation to support his instruction;
3. an officer accused the applicant of lying without any corroborative evidence to support his version of events;
4. an officer spoke to the applicant in a condescending manner; did not allow him to speak without interruption as agreed; treated him like a child; and walked away from him; and
5. an officer threatened the applicant, as he said that he was not going to charge the applicant or issue him with a warning.

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 to address a shortcoming identified in Police Scotland’s overall handling of the complaints.

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

Police Bodies : Police Scotland

04 November 2019 | Complaint Reviews

Report - Police Scotland PIRC/00571/18

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 following a search of a property the applicant was occupying as a tenant. We have reviewed the handling of a single complaint, namely that the officers’ actions, including forcing open locked doors, were unlawful, unnecessary and breached his human rights.

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 directed Police Scotland to reconsider the complaint. We expect our reconsideration direction to be completed by Police Scotland within two months of the date of this report.

Police Bodies : Police Scotland

04 November 2019 | Complaint Reviews

Report - Police Scotland PIRC/00510/18

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 home address in response to a report made to the police by an ex-tenant of his.

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

1. On 4 September 2018, at the applicant’s home address, the applicant was dissatisfied police officers did not explain why they were at his address;
2. On the same date/location, the applicant was dissatisfied police officers did not explain why he was arrested;
3. On the same date/location, the applicant was dissatisfied he was handcuffed and dragged to the ground. The officers refused to loosen the handcuffs, causing soreness to the applicant’s arms and wrists;
4. On the same date/location, the applicant was dissatisfied police officers tried to grab his daughter-in-law’s mobile telephone from her to prevent her from recording the incident;
5. On the same date/location, the applicant was dissatisfied police officers pushed his daughter-in-law and prevented her from giving him water;
6. On the same date/location, the applicant was dissatisfied police officers were abusive towards his family;
7. On the same date/location, the applicant was dissatisfied police officers refused to provide their details when asked;
8. On or after 28 April 2018, at [named police station 1], the applicant was dissatisfied with the lack of updates that were provided to him regarding an incident he reported involving a [named postal service] employee; and
9. The applicant has suffered racial discrimination from the police in relation to incidents that had occurred.

Police Scotland’s Decision

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

No determination was provided in relation to complaint 9.

Our Findings

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

Consequently, we have made two recommendations to address the shortcomings we have highlighted in complaints 1 and 9 and we have made a further recommendation in relation to complaint 2. We have also issued two learning points and highlighted an observation.

We expect our recommendations to be implemented by Police Scotland within two months of the date of this report. We also expect our learning points to be taken forward within this timescale.

Police Bodies : Police Scotland

04 November 2019 | Complaint Reviews

Report - Police Scotland PIRC/00554/18

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 from the police investigation into criminal allegations made against the applicant’s daughter. We have reviewed the handling of three complaints, namely:

1. that CCTV from a public house was not seized and viewed in full, and therefore evidence in support of the applicant’s daughter was lost;
2. that the police investigation was not independent as the sergeant conducting it knew one of the individuals involved; and
3. that the sergeant made comments that indicated that he was not impartial, and therefore was not conducting an independent enquiry into the matter.

Police Scotland’s Decision

Police Scotland upheld one of the applicant’s complaints and did not uphold the other two.

Our Findings

We have found that Police Scotland handled two of the applicant’s complaints to a reasonable standard and the other not so. We have made two recommendations to address the shortcomings identified.

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

Police Bodies : Police Scotland

04 November 2019 | Complaint Reviews

Report - Police Scotland PIRC/00613/17

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’s contact with officers from Police Scotland in connection with an ongoing neighbour dispute. We have reviewed the handling of four complaints, namely that:

1. officers shared the applicant’s personal information with his neighbours;
2. the applicant was subjected to unnecessary mental health assessments orchestrated by the police;
3. the applicant was spoken to at his home address in an uncivil and offensive manner by an officer; and
4. while the applicant was in custody at a police station, an officer or member of police staff asked him inappropriate questions.

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 so complaints 1 and 4.

Consequently, we have made a recommendation and given a reconsideration direction to address the shortcomings we have highlighted in complaints 1 and 4.

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

Police Bodies : Police Scotland

04 November 2019 | Complaint Reviews

Report - Police Scotland PIRC/00593/18

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 after the applicant was arrested for contravention of section 38 of the Criminal Justice and Licensing (Scotland) Act 2010. We have reviewed the handling of one complaint, namely that the applicant’s detention in custody between 6 and 8 August 2016 was unjustified.

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.

Police Bodies : Police Scotland

04 November 2019 | Complaint Reviews

Report - Police Scotland PIRC/00641/18

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 complaint in this case arose after the applicant was stopped whilst towing an excavator on a trailer without an operator’s licence. We have reviewed the handling of a single complaint, namely that:

1. Officers did not listen to the applicant’s explanation and instead cautioned and charged the applicant with not having an operator’s licence.

Police Scotland’s Decision

Police Scotland did not uphold the applicant’s complaint.

Our Findings

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

No further action is required in this connection.

Police Bodies : Police Scotland