Complaint Handling Reviews

The Complaints

The complaints in this case arose after the applicant was involved in a road traffic collision. The applicant was in her car on a side access road, waiting to exit left at a junction onto the public road. Constables A and B were in a police van parked on the public road close to the junction. As the applicant exited the junction, her car was struck by another vehicle travelling from her right. The collision was captured on CCTV footage from a local garage.

The applicant complained to Police Scotland about the positioning of the police van near the junction, and her interactions with Constables A and B both before and after the collision.

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

1. Constables A and B parked their van in such a way that it caused an obstruction;

2. Constable A gestured for the applicant to manoeuvre her vehicle causing a collision;

3. Constables A and B lied by stating they did not gesture for the applicant to move her vehicle forward;

4. The applicant was asked to perform a roadside procedure to identify who was driving the vehicle when Constables A and B already knew it was the applicant;

5. Constables A and B did not know how to resolve the incident because they were at fault, leaving the applicant not knowing if she would be charged.

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 2 and 4 to a reasonable standard, but not so complaints 1, 3 and 5.

Consequently, we have made a recommendation in relation to complaint 1 to address the shortcoming in Police Scotland’s handling of the complaint. In summary, we have recommended that Police Scotland reassess the applicant’s complaint, conduct any necessary further enquiry, and provide her with a response that is well-reasoned and clearly explains the conclusion reached. 

Our recommendation should be implemented by Police Scotland within two months of the date of this report.

Police Bodies: Police Scotland