Report – Police Scotland – PIRC/01009/25
The Complaints
The complaints in this case arose after the applicant was convicted with acting in a threatening and abusive manner towards his ex-partner after she had locked him out of the shared family home. The applicant was made subject of an 18-month non-harassment order (NHO). The applicant was subsequently charged with breaching the NHO and held in custody for three nights before appearing at court. His plea of not guilty was accepted by the Procurator Fiscal at this court appearance.
officers attended at the applicant’s address on 2 November 2023, despite him having specifically said that he did not want officers to do so;
on 27 December 2023, officers failed to take action against the applicant’s ex-partner while the applicant was trying to gain entry to his property;
on the same date, officers unlawfully arrested the applicant for slightly raising his voice whilst trying to gain access to his property;
between 28 December 2023 and 24 February 2024, officers failed to investigate the theft of items by the applicant’s ex-partner;
on 5 February 2024, an officer was uncivil, disinterested and dismissive of the applicant during a telephone call when he was looking to get his personal belongings back from his ex-partner;
on 26 April 2024, the applicant was wrongfully arrested for breaching a non-harassment order when he had followed the advice of police and had no contact with his ex-partner whilst retrieving his belongings;
between 26 and 29 April 2024, while the applicant was in police custody, only a voicemail had been left for his mother, despite him having advised the custody sergeant that she needed cared for;
between 25 October 2023 and 29 April 2024 police repeatedly failed to contact the applicant to provide updates regarding his reports against his ex-partner; and
between the same dates, the applicant was discriminated against by Police Scotland in respect of their actions and investigations into domestic related incidents on the grounds that he is male.
Police Scotland's Decision
Police Scotland did not uphold any of the applicant’s complaints subject of our review.
Our Findings
We have found that Police Scotland handled complaints 3, 4, 5, 8 and 9 to a reasonable standard, but not so complaints 1, 2, 6 and 7.
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 Police Scotland conduct further enquiries, reassess the evidence available and provide the applicant with a fresh response in respect of these complaints.
Our recommendations and learning point should be implemented within two months of the date of this report.
Police Bodies: Police Scotland