Conduct Performance Reports

Whilst earlier annual reports have focussed on the remit of the Committee in respect of complaints, it also has an oversight role in relation to conduct matters (as set out above). Police Scotland include data in this respect as part of its quarterly and annual public report to the Committee, as well as providing more detailed reporting in private.

As with complaints, a summary is provided in section 3 below.

During discussions, Members have consistently expressed concern around timescales linked to conduct cases, recognising the impact on individuals and on the service. It is recognised that this is often linked to allegations of a criminal nature where, if conduct and criminal processes are unable to be conducted in parallel, the ability to progress the former is impacted by wider criminal justice system timescales. The recent HMICS Thematic Inspection of Organisational Culture in Police Scotland (see below) referred to feedback received that the conduct process took too long and that there was minimal support available to individuals. It identified that Police Scotland should improve throughcare and aftercare for misconduct cases, taking into account both the individuals and the teams involved. Police Scotland have advised the Committee that a robust process is in place to ensure that conduct matters are progressed as soon as they are able and that, where prior criminal matters are concluded, resulting conduct matters are prioritised accordingly. However, they have highlighted that timescales can be impacted by the inability to rely on statements provided as part of prior criminal proceedings, as well as the provisions of the existing Conduct Regulations (which will be subject to review as part of the Police (Ethics, Conduct & Scrutiny) (Scotland) Bill – see below). Police Scotland have emphasised the importance of officer welfare considerations as part of the process, but note that this can also impact timescales. Members have sought assurance from Police Scotland that resource is not a contributing factor to timescale delays. Members acknowledge that the management of conduct matters takes time, and the importance of ensuring due process, but have noted that any efficiency improvements which can be made would ultimately assist with reducing costs of suspension (in terms of cost to the public purse), which have risen considerably in recent years. In June 2024, Police Scotland reported action being taken to improve process timescales, and to implement root cause analysis to inform targeted preventative activity, which Members actively welcomed. Members have also expressed concern in respect of the number of officers who resign prior to misconduct proceedings (which the above Bill will also seek to address).

Another key area of discussion in this regard relates to preventative work, where the Committee has been appraised of work being undertaken by Police Scotland’s Professional Standards Department (PSD) through its Preventions & Professionalism Programme (see below), as well as receiving assurance that PSD are integrated into wider cultural transformation work within Police Scotland.

Members heard that linked work to improve confidence in internal mechanisms to report conduct concerns is being borne out by increased levels of internal reporting. This links to commentary within the HMICS Culture Inspection report which identified underreporting of misconduct matters due to a fear of challenging behaviours and a general lack of trust in reporting processes.

In 2024/25, HMICS intends to undertake an assurance review of misconduct.