Complaint Handling Reviews

The Complaints

The complaints in this case arose after Police Scotland attended the applicant’s address following a report that there had been a disturbance and that her partner was at her property in breach of bail conditions.  

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

1.    Officers unlawfully entered the applicant’s home. 
2.    Officers unlawfully searched the applicant’s home.  

Police Scotland’s Decision

Police Scotland did not uphold either of the applicant’s complaints.

Our Findings

We have found that Police Scotland handled complaint 2 to a reasonable standard, but not so complaint 1. 
Consequently, we have made one recommendation and identified a learning point to address the shortcomings in Police Scotland’s handling of the complaint. In summary, we have recommended that Police Scotland conduct any further necessary enquiries and reassess the available information in light of our observations. Thereafter, Police Scotland should provide the applicant with a well-reasoned further response which clearly explains whether the complaint is upheld or not upheld. Our learning point relates to the requirement to appropriately distinguish whether an officer is to be recorded as a subject officer or witness officer in the complaint enquiry. Our recommendation and learning point should be implemented by Police Scotland within two months of the date of this report. 

Police Bodies: Police Scotland