Complaint Handling Reviews

The Complaints

The complaints in this case arose after Child A was arrested on two separate occasions. The complaints were made by the applicant, who is a social work manager with professional responsibility for Child A, who was 16 years old at the time of the incidents that led to the complaints.

On the first occasion, Child A was arrested and taken into custody after she was found intoxicated in a public place. The applicant submitted complaints to Police Scotland two days after Child A’s arrest in relation to her experience in custody. 

On the second occasion, Child A was arrested and taken into custody following a disturbance in a public place. Two days after the arrest, the applicant submitted further complaints to Police Scotland.

As both sets of complaints concerned Child A’s treatment in police custody, they were investigated together. The applicant received the outcome of both complaints by letter 13 months after the first complaint and 11 months after the second complaint. 

We have reviewed the handling of six complaints:

• Complaints 1 and 3 related to the removal of Child A’s clothing while in police custody.
• Complaints 2 and 4 related to the use of restraint while Child A was in police custody
• Complaint 5 related to inaccurate information being held on police systems regarding Child A; and
• Complaint 6 related to an officer being rude, uninformative and with no motivation to seek further information about the incident when speaking to the applicant (the social work manager). 

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 Care and Welfare of Persons in Police Custody 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.

Policing Bodies: Police Scotland