Report – Police Scotland – PIRC/00785/25
The Complaints
We have reviewed the handling of six complaints, namely that:
1. On 30 August 2024, Child A had her top and bra removed in custody with no explanation.
2. On 30 August 2024, after Child A had already had items of clothing removed, officers pinned her to the ground and applied leg restraints and handcuffs.
3. On 9 November 2024, Child A was stripped naked whilst in police custody without an explanation why.
4. On 9 November 2024, Child A was put in leg restraints and handcuffed to the back and left in a cell.
5. Police systems contain information stating that Child A self-harms, which is incorrect.
6. In November 2024, an officer the applicant spoke to was rude, uninformative, with no motivation to seek further information about the incident.
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 5 and 6 to a reasonable standard, but not so complaints 1 – 4.
Consequently, we have made six recommendations in total and identified one learning point to address the shortcomings in Police Scotland’s handling of the complaints. In summary, we have recommended that Police Scotland reassess the material information across the complaints and undertake further enquiries. Police Scotland should then provide an updated response that takes account of any additional information gathered and our observations, and which clearly explains the rationale for the conclusions reached.
Specifically in relation to complaints 1 and 3, we recommend that the re-assessment, further enquiries and subsequent updated response address (i) whether the decision to remove Child A’s clothing was informed by an assessment of Child A’s best interests and appropriate consideration of Child A’s rights and welfare, (ii) whether another less intrusive means could have been used to ensure Child A’s safety; (iii) whether any such assessment and considerations were appropriately documented, and (iv) whether Police Scotland acted in a way that was compatible with the United Nations Convention on the Rights of the Child (‘the UNCRC’) requirements, as required by the UNCRC (Incorporation) (Scotland) Act 2024 (the 2024 Act).
We have made two additional recommendations to address wider issues identified through this review, including the need for Police Scotland’s Complaints about the Police Standard Operating Procedure (Custody SOP) to reflect Police Scotland’s obligations under the 2024 Act. In particular, the recommendations focus on ensuring that children are subject to a distinct, child‑specific approach to risk assessment and decision‑making, and that appropriate safeguards are applied where a child’s clothing is removed, regardless of how that action is categorised.
Our recommendations and learning point should be implemented by Police Scotland within two months of the date of this report.