police scotland complaints

144. 122. Where the allegation is one that relates to a death in police custody or at the hands of the state, the allegation could amount to a breach of Article 2 of the Convention Rights, assault or inhuman or degrading treatment could amount to a breach of Article 3 or where it relates to unlawful detention these matters must also be dealt with independently of the police. At paragraph 76 I also propose that the PIRC should be given direct and supervisory access to monitor the Centurion system to more readily facilitate early PIRC awareness of criminal allegations. 106. 88. 147. It could be argued that duty of candour is an obligation under Article 2 of the European Convention on Human Rights which requires parties to positively assist the state in conducting thorough and effective investigations. VideoHow Joe Biden's ancestral Irish home is celebrating, Islamic State tries to shore up relevance with Iraq carnage, Uganda's leader overcomes 'people power' - for now. 114. The recent creation of an Assistant Chief Constable post for Professionalism and Assurance in Police Scotland will ensure that the information gleaned from these reports is put to the greatest effect in ensuring that Police Scotland continuously improves its performance. This is an option that Police Scotland may wish to ask HMICS to review. At the other end of the spectrum, in cases involving allegations of criminality against police officers, COPFS fulfils the role of the independent investigator and can also direct the PIRC or the police to investigate on its behalf. Complaints about the Police Use our online form to make a complaint. In the case of a death in custody or following police contact the PIRC should also be informed. Frontline resolution can also involve a local supervisor resolving a complaint. Those policies should be consistent and, in appropriate circumstances, the organisations should be able to confer about their lists of malicious or vexatious complainers. Officers should be made aware that they are the subject of a complaint against them at the earliest practicable point, provided that such early disclosure would not prejudice any investigation of a complaint. What happens to your body in extreme heat? ... mygov.scot is the place for people in Scotland to access public services that are easy to find and simple to use. It has also raised issues about delays in witness interviews and delays in the provision of operational statements or witness statements. It requires regular and meaningful audit by Police Scotland, by SPA and most importantly by the PIRC. 64. The issue of how they are supported in that role and their welfare needs is one that will form an important part of the next phase of evidence‑gathering. 78. Where they cannot be resolved in this way CARUs can allocate cases for local divisional action. Describing that outcome as "resolved" might readily be interpreted by the complainer as a positive outcome when in fact what is recorded on the Centurion complaints database in such cases is "Not upheld". 111. In 2018-19 21 misconduct hearings and 11 misconduct meetings took place. Conferral happens when police officers or support staff who may have been involved in a serious incident come together at the conclusion of the incident to recover from the trauma of the incident and talk with each other. Whilst the Review will encompass the investigation of criminal allegations against the police, it will not address the separate role of the Lord Advocate in investigating criminal complaints against the police or the role of HMICS in scrutinising the state, effectiveness and efficiency of both the Police Service of Scotland (Police Scotland) and the Scottish Police Authority (SPA). In certain incidents, different and sometimes competing Human Rights obligations of the state may be engaged. Following a death or serious incident police officers may be traumatised and need support in the immediate aftermath. The geographical deployment of officers in hubs is designed to provide the ability to give independence to investigations if and when required within the context and supervision of a national department. Policing culture is not monolithic and there are variations across Scotland. Justice Secretary Humza Yousaf said it it vital all parties reflect on the report in a bid to establish a "gold standard" police complaints system. Around 22% of complaints related to quality of service, for example lack of police presence or the time taken to respond to a call. The final report will look in detail at the impacts that complaints can have on officers and their families, including impacts on mental health and the effects of trauma, confrontation and anger. Whilst the Review will encompass the investigation of criminal allegations against the police, it will not address the separate role of the Lord Advocate in investigating criminal complaints against the police or the role of HMICS in scrutinising the state, effectiveness and efficiency of both the Police Service of Scotland (Police Scotland) and the Scottish Police Authority (SPA). For example, it is common practice for a final resolution letter to the complainer to feature the phrase "the matter has been resolved" in circumstances where the final determination of that complaint by Police Scotland was that the complaint was not justified. She adds: "I encourage Police Scotland to address a range of fundamental cultural issues including engendering an organisational and individual willingness to apologise when that is appropriate. Anyone who knowingly makes a false complaint or allegation about a police officer or member of police support staff may be prosecuted by the Procurator Fiscal for the offence of wasting police time or attempting to pervert the course of justice. 138. Evidence of the use of ambiguous language in correspondence was provided. 130. That is an entirely natural human response but where it happens it has a number of potential implications for the justice process and, in this context, for the complaints process. Police Scotland received 5,919 complaints in 2018-19. Use our online form to make a complaint. The Committee is therefore seeking from Police Scotland, details of its involvement in the development of the procedure on the handling of harassment complaints involving current or former ministers. 109. Recommendation: Police Scotland should scrutinise complaints thoroughly on receipt so as to ensure that grievance matters that would in any other walk of life be treated in an HR context are not artificially elevated and dealt with as conduct matters. Against the background of these pressures it was suggested to the Review in focus groups that there was a need to re‑empower first and second line managers to take decisions rather than always escalate matters to a more senior rank. There are a number of different reasons why people make anonymous complaints. In its evidence to the Review HMICS highlighted risk aversion on the part of frontline officers and supervisors caused by the complaints process, and the stress caused to subject officers: "Unfortunately, the complaints process tends to take a long time, and officers can become risk averse and avoid taking bold but correct actions for fear of registering a complaint. There is a range of evidence about the pros and cons of body‑worn video but relatively little that deals specifically with the impact on complaints. Frontline resolution is an appropriate and proportionate response where the matter is not serious, not complex and non‑criminal, and where an apology, an explanation, or local action or assurance is sufficient remedy for the member of the public making the complaint. In the focus group the Review was told that not all line managers understood the management of performance and how to use the Performance Regulations. It is incumbent upon the police therefore that where a complaint is made that reasonably infers conduct of a criminal nature or a breach of the Convention rights under Articles 2, 3 and 5 these matters must be reported forthwith to the Procurator Fiscal, who is entirely independent of the police. 142. Police Scotland's Code of Ethics, based on the values of fairness, integrity and respect supports that culture by setting very clear standards and expectations for all members of the service. It is a critical stage in the whole system which takes place prior to any investigation and includes the initial decision on whether the complaint is assessed as a quality of service issue, poor individual performance, potential misconduct, or criminal in nature. In 2016 PSD evolved into the current national functional model which is based in 3 regional hubs (east, north and west). Use our online form to make a complaint You should use this form to initiate the process of making a formal complaint against one or more officers or members of support staff employed by Police Service of Scotland. The question is one of degree. There is evidence that police officers feel exposed, stressed, and fearful of making a mistake that could result in disciplinary action or, at the extreme end of the spectrum, losing their job. 136. In any group of people there is a danger of group‑think that could contaminate or colour evidence inadvertently or otherwise. 110. In some areas of the public services, body‑worn cameras have been introduced in order to facilitate transparency, trust within the community and to assist courts when addressing the actions of officers. It also raises serious concerns about racism and discrimination within the force and calls for a separate, broader review to look into equality issues. Early separation of officers, other than in pressing operational circumstances, is the best way to ensure non-conferral in practice, give transparency to the process and preserve the integrity of each individual's evidence. The police service has always been structured around a command and control hierarchy, strict discipline, adherence to lawful instructions from a senior rank and rules that are often set out in statute. Recommendation: Police Scotland should consider the scope for employing more non‑police officer support staff in PSD with appropriate seniority, skills and level of knowledge of complaints handling. "Apologising sincerely does not diminish how an individual's abilities or character are perceived but rather is a demonstration of their willingness to learn and develop.". The tone and culture of policing comes from the top: in the case of Police Scotland from the Chief Constable and his Force Executive, for the SPA it means the Chair, Chief Executive and Authority members and in the case of the PIRC it stems from the Commissioner and her senior management team. 143. The Review also noted the recent Court of Session judgement[35]by Lord Woolman in respect of ill‑health retirement by police officers in which he said: "There is an unbridged gap between the alleged involvement of the officers in a high profile incident and the conclusion that it was in the public interest that they should be prevented from retiring. This is in the interests of both the individual police officers themselves and the public interest in order to safeguard public confidence in the integrity of their evidence. (Police Chief Chuck Jordan, Tulsa Police Department). You can have a friend or representative, (but not a lawyer) at the meeting. Many of the strengths of our policing organisations are down to that motivation to fulfil a unique and privileged role in society. It operated between 1 April 2007 and 31 March 2013. 128. 91. Aamer Anwar, solicitor for the family of Mr Bayoh, said the review was a "devastating and damning indictment of a police complaint system not fit for purpose in a modern and democratic Scotland". ... mygov.scot is the place for people in Scotland to access public services that are easy to find and simple to use. âââââ, .css-1snjdh1-IconContainer{display:none;height:0.875em;width:0.875em;vertical-align:-0.0625em;margin-right:0.25em;}How Joe Biden's ancestral Irish home is celebrating. The level of support should be proportionate to the seriousness of the complaint and the vulnerability of the complainer. Dame Elish added: "I was also deeply concerned to hear about the experiences of officers and staff about discrimination experienced by female police officers and staff and by LGBTI officers and staff.". A former senior police officer who was cleared of assaulting a prisoner has labelled Police Scotland’s complaint system “broken.”. Hate crimes were up from mid-May, and police said a "significant number" of these related to neighbour disputes "which likely result from heightened tensions stemming from the pandemic situation". Over the last few decades the availability of such evidence has increased significantly and has been of immense assistance in many investigations and subsequent trials. In August, the Authority considered in detail at its public Board meeting Police Scotland’s approach to workforce inclusion, equality and diversity. It operated between 1 … At another level the culture of Police Scotland is shaped by the men and women who serve in it and their public service values, their sense of fairness, morality and solidarity, their common sense, and their desire to help the community, the victim, the bereaved and the vulnerable. Police Scotland Chief Constable Iain Livingstone said he would carefully consider the report's recommendations. Police Scotland's stated purpose is to improve the safety and wellbeing of people, places and communities in Scotland; and its stated values are integrity, fairness and respect. ", Capturing best evidence and reducing complaints. Our story came days after former lord advocate, Dame Elish Angiolini, in a report commissioned by ministers, urged the Scottish Government to overhaul how complaints against Police Scotland … 134. This has been compounded by the reduction in the number of sergeant posts, changes to police pensions and a higher likely retirement age. Recommendation: Police Scotland should consider the importance of providing all officers involved in frontline resolution with training in mediation and customer handling. The Police Complaints Commissioner for Scotland (PCCS) was the executive non-departmental public body of the Scottish Government responsible for overseeing the system for handling complaints made by members of the public against the police force of Scotland. On the one hand evidence of what is on offer in terms of welfare provision and other support mechanisms suggests provision is adequate; and on the other hand officers describe difficulties in accessing what is available for any meaningful length of time. The BBC is not responsible for the content of external sites. We also use non-essential cookies to help us improve our websites. Arrangements for handling anonymous complaints should be set out in policy and, as with any other complaint, the starting point should be that the allegation should be treated with an open mind. In an interim report published last year she said .css-1xgj2ad-InlineLink:link{color:#3F3F42;}.css-1xgj2ad-InlineLink:visited{color:#696969;}.css-1xgj2ad-InlineLink:link,.css-1xgj2ad-InlineLink:visited{font-weight:700;border-bottom:1px solid #BABABA;-webkit-text-decoration:none;text-decoration:none;}.css-1xgj2ad-InlineLink:link:hover,.css-1xgj2ad-InlineLink:visited:hover,.css-1xgj2ad-InlineLink:link:focus,.css-1xgj2ad-InlineLink:visited:focus{border-bottom-color:currentcolor;border-bottom-width:2px;color:#B80000;}@supports (text-underline-offset:0.25em){.css-1xgj2ad-InlineLink:link,.css-1xgj2ad-InlineLink:visited{border-bottom:none;-webkit-text-decoration:underline #BABABA;text-decoration:underline #BABABA;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-skip-ink:none;text-decoration-skip-ink:none;text-underline-offset:0.25em;}.css-1xgj2ad-InlineLink:link:hover,.css-1xgj2ad-InlineLink:visited:hover,.css-1xgj2ad-InlineLink:link:focus,.css-1xgj2ad-InlineLink:visited:focus{-webkit-text-decoration-color:currentcolor;text-decoration-color:currentcolor;-webkit-text-decoration-thickness:2px;text-decoration-thickness:2px;color:#B80000;}}complaints against senior officers in Scotland should be dealt with more speedily, following criticism of the way allegations against former Chief Constable Phil Gormley were handled. Â© 2021 BBC. The Review heard evidence that these processes and practice lack flexibility and that once a complaint starts down a particular route, it is seldom reconsidered when it becomes clear that it should be re‑routed down a more appropriate and proportionate avenue. Scottish Police Federation representatives gave evidence that where all systems were in place in COPFS and Police Scotland, body‑worn video could be an asset to the service. 90. Around 22% of complaints related to quality of service, for example lack of police … Recommendations in relation to Police Scotland. out more about cookies, Coronavirus (COVID-19): what you need to know. Where complaints cannot be resolved by frontline resolution or complainers remain dissatisfied, candid and frank written responses outlining the outcome are critical to maintaining public confidence; responses which are not clear or open have the potential to undermine the process. Although it is part of the statutory responsibility of the PIRC, no such audits of frontline resolution have been carried out by the PIRC since 2014; and while the SPA have carried out regular quarterly dip‑sampling these exercises have until very recently been superficial and unsatisfactory. Local policing is supported by a number of national specialist divisions and corporate services. As the central points for managing Police Scotland's complaints caseload, PSD's three regional Complaints Assessment and Resolution Units (CARUs) receive, assess and endeavour to resolve complaints direct with the complainer. All complaints will be recorded by PSD on the Centurion database. In the final report this important element of the systems in place will be explored and addressed. The rank structure and lack of opportunities - Police Scotland has over 13,500 constables compared with around 2,400 sergeants - means that promotion at all ranks is highly competitive and can be a source of frustration that drives internal grievances and complaints. A 2014 study[38] in the United States found that the likelihood of force being used in control conditions, that is, without cameras, was roughly twice that when cameras were in use; and analysis of use-of-force and complaints data also supported this result with the number of complaints filed against officers dropping from 0.7 complaints per 1,000 contacts to 0.07 per 1,000 contacts. 140. The PIRC also considered that within 48 hours of receipt, COPFS should indicate whether or not the matter is to be referred to the PIRC for an independent investigation. The PIRC can review complaints about a number of policing organisations operating in Scotland. Police Scotland's Standard Operating Procedure on Complaints makes clear that frontline resolution is only suitable for complaints which are 'non‑criminal, non‑serious and non‑complex', and can be resolved without investigation other than familiarisation with the circumstances of the incident. The most common on‑duty allegation categories are Irregularity in Procedure, Incivility and Excessive Force. Strengthening the independence of those charged with investigating complaints against the police where independence is a necessary component raises a number of questions. 120. In my 2017 report[34]on deaths and serious incidents in custody in England and Wales, I noted that when police officers are questioned, "there should be a duty of candour for the police to answer all questions based on their honestly held recollection of events". 123. It may be because they wish to protect their privacy, it may be that they fear some form or reprisal or it may be because their complaint is spurious or malicious. Officers have told us that supervisors have become more risk averse particularly when dealing with situations involving risk to the public, such as missing person investigations. review looking into the handling of complaints against the police in Scotland has called for “wide-ranging and significant improvements” to the system and the culture of Police Scotland. Evidence to the Review has raised questions, in the context of the investigation of serious complaints, about the importance of securing evidence speedily, for example the retention period for CCTV evidence can be limited to as short a period as 28 days. 81. While Police Scotland's Unacceptable, Persistent or UnreasonableActions by Complainers Standard Operating Procedure[24] makes clear that "All complainers have a right to be heard, understood and respected" it also sets out the process for restricting contact with complainers whose behaviour justifies that. Professional Standards Department of Police Scotland. Aamer Anwar, solicitor for the family of Mr Bayoh, said the review was a "devastating and damning indictment of a police complaint system not fit for purpose in a modern and democratic Scotland". Police Scotland received 5,919 complaints in 2018-19. 89. A third‑party investigatory function needs to be mature, proportionate and trusted; the level of actual or perceived independence is very often a critical determining factor in gaining or losing that trust. 137. The CARUs receive phone calls, letters, e-mails, online complaint forms and referrals from Police Scotland's service centres. Police Complaints Form You should use this form to initiate the process of making a formal complaint against one or more officers or members of support staff employed by Police Service of Scotland. She proposed allowing all complaints by members of the public to be made to an independent body such as the PIRC; and she reiterated an earlier proposal that the minimum standard should be that within 48 hours of any allegation of criminality being made, an initial report should be submitted by the police to COPFS. 105. The most common on‑duty allegation categories are Irregularity in Procedure, Incivility and Excessive Force. This is an option that Police Scotland may wish to ask HMICS to review. If your complaint is about the Chief Constable, a Deputy Chief Constable or an Assistant Chief Constable, contact the Scottish Police Authority (SPA). This principle of independence was the crux of the Court of Session judgement in the Ruddy case[27] in 2013, and was also reflected by retired Major-General Chip Chapman who expressed the view in his 2014 Independent Review of the Police Disciplinary System in England and Wales that "investigations relating to Chief Officers must be independently conducted by the IPCC and not another external Home Department Police Force to ensure transparency". 115. Most roles within PSD require police officers with experience and understanding of policing and the law, but there may be scope to employ more non‑police officer support staff in PSD with appropriate seniority, skills and level of knowledge of complaints handling. There was a tendency to shy away from tackling difficult issues, giving negative feedback or telling constables that they were not ready for promotion, and a reluctance to consult HR professionals in Police Scotland to get advice on staffing issues. Police Scotland's Standard Operating Procedure on Complaints[21] makes clear that frontline resolution is only suitable for complaints which are 'non‑criminal, non‑serious and non‑complex', and can be resolved without investigation other than familiarisation with the circumstances of the incident. For example, Police Scotland and the PIRC employ specially trained Family Liaison Officers, and COPFS have a Victim Information and Advice service (VIA) with offices around Scotland. The Review has begun to consider whether the current position is sufficiently clear to police officers, and to the public who have a legitimate expectation that police officers will give every assistance after a serious incident. Such values motivate them to become police officers or support staff in the first place. 70. At one level Scotland's distinctive policing culture derives from the historical context within which Scottish policing has operated: in a separate jurisdiction and legal system, the unique role of the Lord Advocate, the ethos of the Scottish Police College where all new recruits complete their training and the traditions of the pre-reform forces, constabularies and agencies. 113. This vital aspect of complaints should however be subject to close and regular monitoring through internal and meaningful audits of decision‑making. Dame Elish Angiolini's independent review addresses complaints handling, investigations and misconduct issues in relation to policing in Scotland, in the wake of the Police and Fire Reform (Scotland) Act 2012. John Finnie, convener of the justice sub-committee on policing, said: "As sensible as many of these proposals sound, any changes to the law will need formal consultation and proper parliamentary scrutiny in due course. Where a complaint is initiated and resolved at a local police station, details of the complaint will be recorded and passed to PSD. The units will then investigate those complaints themselves or allocate the complaint to other local sergeants or inspectors to investigate. The obligation of a constable to assist the investigation of a death or a serious incident. Led by Dame Elish Angiolini QC, it also highlights concerns about the treatment of recruits from ethnic minorities, the LGBTI community and women. Complaints about a police chief have been referred to the Independent Office for Police Conduct (IOPC) after internal emails to the Home Office showed him … It applies to all senior officers and where a grievance concerns the Chief Executive Officer of SPA or the Chief Constable the matter should be referred to the SPA Board. For non-emergencies and general enquiries, 101 is the number you call if you It also raises serious concerns about racism and discrimination within the force and calls for a separate, broader review to look into equality issues. Police Scotland rightly aspires to be a learning culture, rather than a blame culture, and that is the underlying ethos of From sanctions to solutions[30], but the systems in place, and more importantly the way that they are operated, does not always encourage that approach. There are degrees of independence and the more serious complaint or incident will always demand a higher degree of separation. Any data collected is anonymised. The police or your local council will decide how to deal with high levels of noise or antisocial behaviour. PUBLIC confidence in policing in Scotland shot up by 20% during lockdown – but so did complaints, new figures show. The structure of PSD includes the functions of the Complaint Assessment and Resolution Unit (CARU), National Gateway Assessment Unit (NGAU), Investigations, Misconduct, Partnerships and Support, Vetting and the Anti‑Corruption Unit (ACU). Police Scotland is a young but now established national organisation with a stable leadership team. 150. A number of cultural factors affect how police officers and support staff engage with the public and interact with each other in the workplace. The Scottish Government should also consider the case for legislation on this subject. Recommendations in the final r… "I agree it is crucial that the culture of Police Scotland is welcoming and inclusive to all and that we support all our people to thrive and flourish in what is an extremely demanding job," he said. While these people are no longer police officers, members of the public may nonetheless have concerns about the perception of impartiality of such investigations. If you're unhappy about how your complaint has been handled Contact the Police Investigations and Review Commissioner (PIRC) if you're not satisfied with the way your complaint was dealt with. On the other hand, if the matter is of a minor non-criminal nature such investigations may be best carried out by those who have responsibility for leading and managing that individual. Dame Elish Angiolini's independent review addresses complaints handling, investigations and misconduct issues in relation to policing in Scotland, in the wake of the Police and Fire Reform (Scotland) Act 2012. Members of the public may reasonably expect an officer about whom they had complained would be advised of a complaint at an early stage to allow the officer to address his or her behaviour and change their approach. As this report has acknowledged earlier, police officers do a difficult and often dangerous job in Scottish society. 146. Likewise, any other allegations of criminality by any police officer should also be referred to the Procurator Fiscal for instruction or consideration. Within Police Scotland support staff and officers may have issues with other members of the service which they wish to register that may appropriately be categorised as grievances. Police Scotland have a long‑term aim in Policing 2026[36], their 10-year strategy document, to expand the use of body‑worn cameras, but this objective will only be a realistic prospect when financial and structural constraints are addressed. Find out more All fields marked with (required) are mandatory and must be filled in. 74. out more about cookies, secretariat@independentpolicingreview.scot, Support Police Scotland in the delivery of a service, compliant with the requisite code of ethical practice, Ensure service delivery is achieved in line with the values of integrity, fairness, respect, professionalism and honesty, Ensure public trust and confidence is secured in the service, which is provided by Police Scotland, Reduce complaints through a programme of prevention and learning, Address concerns pro-actively through organisational learning, training and promoting personal responsibility, Robustly investigate complaints in relation to the service which is provided to the communities of Scotland, "The Lord Advocate's Guidelines on the Investigation of Complaints Against the Police published in 2002 however it is not clear if they are still considered 'live'. 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