Complaint Handling Reviews

The Complaints

The complaints in this case arose after the applicant contacted the police to report that his neighbours had damaged his gate. The relevant neighbours were traced, cautioned and charged with vandalism and a Standard Prosecution Report was submitted to the Crown Office and Procurator Fiscal Service. The Crown Office and Procurator Fiscal Service marked the case as “no action”. We have reviewed the handling of seven complaints, namely that: 

1. An officer refused to engage with the applicant’s representative, despite being provided with a signed legal mandate authorising the representative to act on his behalf,
2. An officer failed to make reasonable adjustments in respect of the applicant’s disability, as defined by the Equality Act 2010,
3. The applicant considers that the crime category should be malicious mischief, rather than vandalism,
4. The applicant and his representative received a lack of adequate updates regarding the crime investigation,
5. An officer took too long to trace and note a statement from the applicant’s representative,
6. An officer did not properly take possession of the evidence gathered by the applicant’s representative, and
7. An officer treated the perpetrators with undue leniency by reporting for summons rather than arrest. 

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 3, 4 and 7 to a reasonable standard, but did not handle complaints 1, 2, 5 and 6 to a reasonable standard. 

Consequently, we have made four recommendations and identified a learning point to address the shortcomings in Police Scotland’s handling of the complaints. In summary, we have recommended that, in relation to complaints 1, 2, 5 and 6, Police Scotland undertake further enquiry and provide the applicant with fresh responses. Our learning point relates to the importance of communication with complainers. 

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

Police Bodies: Police Scotland