Complaints and Conduct Committee

14 November 2023

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 - 14 November 2023
MAIN ITEMS OF BUSINESS
• Police Scotland PSD Quarterly Performance Report (Q2)
• SPA Quarterly Report (Q2)
• PIRC Quarterly Report on PS Handling of Complaints and Investigation Referrals (Q2)
• PIRC Joint Audit – Progress and Implementation
• Police Scotland – Organisational Learning
• Police Scotland Professional Boundaries – 6 Monthly Update on Recommendations
• HMICS Assurance Review of Vetting

KEY ISSUES RAISED
PS PSD Quarterly Performance Report (Q2) Members were advised that the current demand being placed on Police Scotland (PS) Professional Standards Dept (PSD) has never been greater, with the level of scrutiny being exceptionally high. In addition to the core business, work is ongoing on the Police (Ethics, Conduct and Scrutiny) Bill, a preventions and professionalism programme and supporting of HMICS reviews. Members were advised of a current 13% increase on complaints received. The committee have asked PSD to explore what the increased demand against a static or reduced workforce would mean from a risk-based perspective in terms of achieving objectives. Members were assured that matters around discrimination, sexual misconduct and misogyny are being treated as high priority. Nothing is being deprioritised to such a point that PSD won’t address it, however, there is just a need to look at the order in which matters are addressed. 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 – 30 September 2023).

SPA Quarterly Report (Q2) Members updated on complaints and conduct matters including key statistics reflecting the position at the end of Q2, 2023/24, including findings from dip-sampling of Police Scotland complaints from Q4, 2022/23; and review of Police Scotland complaints in respect of PSD/ACU officers/staff from 2019 to Q4, 2022/23. Member approved the submission of recommendation 32 (from the Independent Review of Complaints Handling, Investigations and Misconduct Issues in Relation to Policing) for discharge via national governance structures. Members also approved the proposed impact measures in respect of recommendations (from the Independent Review) for which the SPA was singly or jointly responsible.

PIRC Quarterly Report on PS Handling of Complaints and Investigation Referrals (Q2) Members welcomed a report noting information in relation to PIRC Complaint Handling Reviews and Investigation Referrals and key statistics reflecting the position for Q2, 2023/24. Members sought broader assurance in terms of working being taken forward by the PIRC and were advised that a lot of work has gone into improving the police complaint handling, and in terms of the Complaint Handling Review. The focus for PIRC is to provide assurance that complaints handled by Police Scotland are done so in accordance with statutory guidance and in that respect, over the last 5 years, there has been a gradual improvement. It was noted that PIRC, although aware of pressures within PSD, as an oversight organisation it is important that the quality of the complaint handling is not jeopardised.

PIRC Audit Planning Update Members were advised that discussions have been had between the Commissioner and Deputy Chief Executive of SPA. The Terms of Reference for this audit will be published prior to the next committee meeting. PIRC and HMICS have agreed to discussions with PSD around timing to ensure less pressure being placed on them as a team.

PIRC Joint Audit – Progress and Implementation PS provided an update advising that recommendations continue to be reviewed with progress by made where possible and does not foresee any undue delays. Members were advised that work is ongoing with the digital division and the supplier to ensure that upgrades to the complaints management system are delivered as early as possible.

Police Scotland – Organisational Learning Members were updated on the positive ongoing activity in this area. Members queried the appropriateness of the terminology “custodies” when referring to someone in custody. PS have agreed on the inappropriateness of this terminology and advised that they would raise this within the criminal justice space in terms of the language used.

Police Scotland Professional Boundaries – 6 Monthly Update on Recommendations Members welcomed a report relating to ongoing activity in this area and agreed that there would be benefit in having a high-level summary document which summarised the work for both members and the public to address transparency and provide public assurance.

HMICS Assurance Review of Vetting –HMICS provided a positive overview of their recently published report. Members were advised that the legislation that governs this area is difficult and does not provide the Chief Constable with the tools in terms of maintaining officers vetting standards and removing those officers that fall below those standards from the organisation. Members have asked PS to ensure that the committee have sight of the action plan to future meetings and are updated to fully understand the resource implications associated with this piece.

PRIVATE ITEMS DISCUSSED
• Police Scotland Professional Boundaries – Outcome of Recent Review Work
• Police (Ethics, Conduct and Scrutiny) Bill
• SPA Ongoing Complaints Update
CONCLUSIONS/ACTIONS REACHED
Members AGREED the need for PS to explore what the increased demand on PSD against the static or reduced workforce would mean from a risk based perspective in terms of achieving objectives.

Members AGREED that as the data around timelines is currently mixed, it would beneficial to have a clearer breakdown around what percentage of cases PSD are trying to ensure meet targets, having this information will allow for this discharge or recommendations.

Members AGREED the Terms of Reference for the next PIRC Audit should be shared ahead of the next committee meeting.

Members AGREED with the need for PS to address the appropriateness of the terminology “custodies” when referring to someone in custody and that this should be addressed within the criminal justice space in terms of the language used.

Members AGREED the need for a high-level summary document in relation to Professional Boundaries, and ensure it is public facing to address transparency and address public assurance.

Members AGREED that PS ensure that the committee have sight of the HMICS Vetting Review action plan to future meetings and are updated to fully understand the resource implications associated with this piece.

28 November 2023

• The Complaints and Conduct Committee held a special meeting on 28 November.
• The purpose of the meeting was for the Committee to consider the evidence to the Criminal Justice Committee on the Police (Ethics, Conduct and Scrutiny) Bill.
• The Authority supported the findings made by Lady Angiolini in her final report.
• The Authority’s evidence on the Bill will include the Criminal Justice Committee’s pro-forma call for views, as well as separate written submission.
• The submission will focus on four distinct issues:

(1) Lady Angiolini’s proposals for the handling of complaints about senior police officers

The intention behind these proposals was to simplify and enhance independence in the handling of these complaints. The proposals have not been implemented in the Bill, and the submission will reiterate the Authority’s support for their inclusion.

(2) Whistleblowing

Lady Angiolini recommended that the PIRC be included as a “prescribed person” in UK whistleblowing legislation. This would allow police officers, police staff and Authority staff to make whistleblowing allegations to an independent body, while maintaining the protections given to whistleblowers under employment legislation. The Authority’s submission expresses support for this recommendation, and for the work that is to be undertaken with the UK Government to amend the relevant UK legislation.

(3) Barred and Advisory lists

The Bill introduces Barred and Advisory lists to policing in Scotland. The barred list will contain, among other things, the names of persons who have been dismissed following disciplinary proceedings; the advisory list will include the names of persons who left the police service before gross misconduct proceedings were initiated or completed. The Authority supports the introduction of the lists, but believes that the most appropriate body to administer them is Police Scotland, rather than the Authority as provided in the Bill.

(4) “Relevant” complaints

Relevant complaints are, broadly, non-criminal complaints about the police made by members of the public. The Authority’s submission highlights the confusion caused by the term “relevant complaint” and suggests that public complaints are described more plainly in legislation in a way that will be readily understood.