Complaint Handling Reviews

The Complaints

The complaints in this case arose from an altercation between the applicant and an individual who had blocked his driveway. Police officers attended which led to the applicant’s arrest. He was taken into police custody and was later charged and released. Officers told the applicant that he would be reported to the Crown Office and Procurator Fiscal Service (COPFS). The applicant was subsequently acquitted of the charges in February 2026.

The applicant made his complaints about the police response to the incident.

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

1. The applicant was arrested when he was the victim of an assault;
2. The applicant was treated roughly by having handcuffs put on with excessive force;
3. The applicant was treated roughly by being dragged towards the front door of his home address;
4. The applicant was treated roughly by a male officer who would not let him sit down to put his shoes on;
5. The applicant was dragged in handcuffs down a steep spiral staircase;
6. A male officer treated the applicant in a demeaning manner;
7. Police failed to secure evidence by not noting a statement from the applicant;
8. The injuries sustained by the applicant during an altercation were not recorded by the attending officers or at any point during the investigation;
9. Officers failed to provide the applicant with medical attention;
10. Police failed to secure evidence by not obtaining a statement from the applicant’s partner, or other neighbours;
11. Police failed to secure evidence by not checking CCTV footage from the applicant’s neighbour;
12. Police failed to secure evidence by not checking the knuckles of the applicant’s assailant for injuries; and
13. Police failed to accurately record the applicant’s address, leading to a warrant for his arrest being issued in court when official correspondence failed to be delivered to him.

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, 3 – 7, and 11 to a reasonable standard, but not so complaints 2, 8 – 10, 12 and 13.

Consequently, we have made two recommendations in relation to complaints 9 and 13, to address the shortcomings in Police Scotland’s handling of the complaints. In summary, we have recommended that Police Scotland re-assess the available information, taking account of our observations.  Police Scotland should then provide the applicant with a well-reasoned further response which clearly explains the outcome.

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

Police Bodies: Police Scotland