Introduction

The Authority has specific functions under the Police & Fire Reform (Scotland) Act 2012 in respect of complaints. These are summarised below:

• It must deal with “relevant” complaints against the Authority, its staff, and senior officers of Police Scotland (i.e. officers of the rank of Chief Constable, Deputy Chief Constable and Assistant Chief Constable); and
• It must keep itself informed of the manner in which Police Scotland deals with relevant complaints, and be satisfied that Police Scotland has suitable arrangements in place.

The Police Investigations & Review Commissioner (PIRC) has a similar statutory duty to the Authority in this regard. Under the Police, Public Order and Criminal Justice (Scotland) Act 2006, it must keep under review all arrangements maintained by both the Scottish Police Authority and Police Scotland for the handling of relevant complaints; and seek to secure that those arrangements are efficient and effective, contain and manifest an appropriate degree of independence, and are adhered to.

In the context of Police Scotland:

• It must deal with “relevant” complaints against Police Scotland, police officers at the rank of Chief Superintendent and below, and police staff.

“Relevant” complaints are as defined in the 2006 Act, although a summary is provided in section 3 below.

Whilst the Authority has specific functions in respect of misconduct allegations against senior officers of Police Scotland, it also has an oversight role in respect of misconduct matters concerning constables below senior officer rank, as part of its main functions set out under section 2 of the Act.

The role of the Authority’s Complaints & Conduct Committee (in the context of this report) is:

• To monitor, oversee and scrutinise the handling by the Authority and Police Scotland of “relevant” complaints
• To monitor, oversee and scrutinise Police Scotland’s arrangements for handling misconduct allegations against constables

It fulfils this role by:

• Considering and approving arrangements, including policies and procedures and guidance, relating to the handling of relevant complaints by the Authority, seeking the views of other stakeholders as necessary.
• Considering and determining relevant complaints against the Authority, its staff and senior officers of Police Scotland in accordance with the SPA Complaints Handling Procedures, provisions of the Police Public Order and Criminal Justice (Scotland) Act 2006 and the statutory guidance produced by the PIRC.
• Monitoring the handling of relevant complaints by the Authority and Police Scotland, seeking information on themes or trends as appropriate, with a view to the Committee satisfying itself that the arrangements maintained by the Authority and Police Scotland for the handling of relevant complaints are suitable.
• Considering reports from Police Scotland on its handling of misconduct allegations under the Police Service of Scotland (Conduct) Regulations 2014, with a view to ensuring that arrangements for handling these allegations are efficient and effective.
• Critically examining reports from HMICS, PIRC, and any other information provided by Police Scotland in relation to complaints about the police and ensuring that appropriate improvement plans are implemented, or remedial action is taken within agreed timescales.
• Contributing to and considering the findings of official reviews of complaints and conduct matters and ensuring that recommendations from such reviews are implemented as appropriate.