Complaints and Conduct Committee

The formal minute of the public items of business will be available at the meeting scheduled for Complaints & Conduct Committee. This will also be published on the SPA’s website.
A full recording of the public items of business taken at this meeting can be accessed at: Complaints and Conduct Committee - 27 February 2024

MAIN ITEMS OF BUSINESS
• Police Scotland PSD Quarterly Performance Report (Q3)
• SPA Quarterly Report (Q3)
• PIRC Quarterly Report on PS Handling of Complaints and Investigation Referrals (Q3)
• Police Scotland – Professionalism and Preventions
• Police Scotland Vetting Overview
• Police Scotland Historic Data Wash Report
• HMICS Assurance Review of Vetting – Action Plan

KEY ISSUES RAISED
o PS PSD Quarterly Performance Report (Q3) Members also welcomed the standard statistical information on the overarching performance activity in relation to complaints and conduct matters about PS for period (1 April 2023 – 31 December 2023). Members welcomed improvement of the report in terms of transparency and responsiveness to information that members are requesting. Members have requested more detail in relation to what is being done in terms of benchmarking with other forces and what improvement action is being taken to look at methodology to improve timescales. Members have also requested an extract of some cases to show some of the complexities faced by PS. Members have also requested high-level explanations for closed complaints that took longer than 56 days.

o SPA Quarterly Report (Q3) Members were provided with a report on complaints and conduct matters including key statistics reflecting the position at the end of Q3, 2023/24. Members were also provided with an update on findings from dip-sampling of Police Scotland complaints from Q1, 2023/24.

o PIRC Quarterly Report on PS Handling of Complaints and Investigation Referrals (Q3) Members welcomed a report noting information in relation to PIRC Complaint Handling Reviews and Investigation Referrals. The report included key statistics reflecting the position for Q3, 2023/24. Members sought clarity on why PS had not responded to a number of recommendations stemming from Complaint Handling Reviews, and have been assured that some recommendations are complex, with challenging timescales and although there has been no formal response they are in hand by PSD. In relation to the investigation referrals, the committee were provided with an explanation on the assessment of referrals which do not make it to the investigation stage. The committee were assured that every single referral is reviewed and assessed, even if it is not considered that an investigation is required.

o Police Scotland Professionalism and Preventions Members were encouraged by the level of transparency in relation to referrals within Police Scotland that have a sexual circumstance, including both, complaints made by members of the public, and internal complaints by officers or staff. Members acknowledged that providing more detail on specific cases could lead to individuals being identifiable, which is not appropriate in a public forum. The committee have the opportunity to consider cases in more detail in the private session and are always mindful of the principle of proportionality around what can be discussed in public and private.

o Police Scotland Vetting Overview Members were provided with an overview of the ongoing work to understand whether there is any disproportionality within the vetting process and to provide a progress update. Members look forward to regular reports in this area and have agreed to a joint deep dive with the People Committee in relation to the of analysis of any disproportionality by protected characteristic within recruitment and selection checks (including vetting.)

o Police Scotland Historic Data Wash Members welcomed a clear and reassuring report, explaining the 25,505 lines of data checked. Members were assured that a significant proportion of these checks were ‘false positives’, and that the approach taken to discount these matches was aligned with that of other police forces.

o HMICS Assurance Review of Vetting – Action Plan The committee were provided with a report detailing Police Scotland’s Action Plan to address the recommendations contained within the recent HMICS Assurance review of vetting policy and procedures within Police Scotland report, published on 03 October 2023. Members have advised PS to present action plan (including timescales) to Committee following HMICS sign-off.

PRIVATE ITEMS DISCUSSED
• Police Scotland Conduct Report
• SPA Ongoing Complaints Update
CONCLUSIONS/ACTIONS REACHED
Members AGREED that SPA officials should progress a joint deep dive between Complaints & Conduct and People Committee in respect of analysis of any disproportionality by protected characteristic within recruitment and selection checks (including vetting). PS to consider the approach to understanding complainant satisfaction (aside from proportion who seek a review), including exploration of practice elsewhere, with a view to discussing as part of the future deep dive.

Members AGREED the need for future public reports outlining what is considered a reasonable timescale for complaint closure and planned improvement actions (and associated timescales) to reach that position for majority of cases (with scope for this to additionally be discussed at future deep dive). Within the same report, provide a breakdown of cases which are taking longer to deal with, illustrating some of the complexities involved via a dip sample of individual cases. Finally, outline action to benchmark complaint handling resources and timescales, including examination of resources against demand.

Members AGREED that for future public reports provide high-level explanation for closed complaints which took longer than 56 days; and introduce reporting in private on any ongoing individual cases which are taking longer than 12 months to complete, with explanation of reason for the delay.

Members AGREED the need for PS to present action plan (including timescales) to Committee following HMICS sign-off.