News

The Police Investigations and Review Commissioner has today published statutory guidance for policing bodies dealing with complaints involving children. 

Publication of the Child Friendly Complaint Handling Guidance coincides with the second anniversary of the commencement of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024. 

This Act incorporates the United Nations Convention on the Rights of the Child (UNCRC) into domestic law, putting children’s rights at the heart of decision making in Scotland. It gives children and their representatives new legal routes to challenge when their rights are not upheld. 

Drawing on the UNCRC, the guidance requires policing bodies to ensure that complaints processes are suitably accessible, that the child’s views and best interests are taken into consideration. 

Police Investigations and Review Commissioner, Laura Paton, said: “It is imperative that policing bodies uphold children’s rights when dealing with complaints made by children or by adults acting on their behalf. 

“We want to make sure that police complaints processes are accessible to anyone under 18, and are informative, empowering, compassionate and confidential. Children’s rights should be at the heart of decisions taken when handling complaints.” 

PIRC’s mission is to promote and support public confidence in policing through independent, evidence-based oversight. PIRC reviews how Police Scotland and other policing bodies handle complaints from members of the public. 

Where a member of the public is dissatisfied with how the police have handled their complaint, they can apply to PIRC for a Complaint Handling Review (CHR). 

The new Child Friendly Complaint Handling Guidance now forms part of the statutory guidance that PIRC issues to policing bodies on how complaints from members of the public should be handled. 

As well as guidance for policing bodies, PIRC has also developed child friendly complaint handling guidance for its own staff – this will be followed when carrying out a CHR involving a child, or when dealing with any complaints received about PIRC itself. 

PIRC’s complaint reviewers will have to be satisfied that a police response to a complaint:

• Provided the child an opportunity to participate in the process.
• Took into account the views of the child.
• Met the child’s preferred communication needs.
• Considered the child’s best interests.  

PIRC may find that police handled the complaint to a reasonable standard, but they can also:

• Identify failings and recommend that the policing body carries out further enquiries.
• Find that the complaint must be looked at again, depending on the seriousness of the case.
• Highlight learning opportunities for the police to improve the service they deliver. 

PIRC also investigates serious incidents involving the police such as deaths or serious injury in custody or following police contact, allegations of criminality about the police, and the use of firearms, including taser and incapacitant spray. 

Ms Paton added: “The guidance we’re publishing today for policing bodies and for our own staff is just part of the work we’re doing to ensure PIRC fulfils our duties to implement the UNCRC. 

“We’ve undertaken a range of other activities to consider how we can safeguard children’s rights across all our functions. That work remains ongoing as we continue to develop the service provided by PIRC.” 

An example of the work undertaken by PIRC includes adding a ‘marker’ to complaint handling reviews and investigations to more easily identify cases involving children. This will help PIRC consider further areas of development. 

Between April 2025 and April 2026, PIRC:  

• Received eight requests from adults on behalf of children to review a complaint against police
• Assessed 35 referrals involving children which resulted in 18 investigations.

Other work commenced by PIRC includes:

• Training staff on the UNCRC.
• Developing guidance for PIRC’s investigators on cases involving children.
• Developing a child and adult safeguarding policy to ensure staff promote the safety, wellbeing and rights of children and adults who may be at risk.
• Amending policies and procedures to reflect the UNCRC requirements.
• Developing resources to equip children, parents and other adults with a one-stop shop of information about the service they can expect to receive from PIRC.