PIRC Complaint Handling Review

Unless otherwise stated, data in this section of the report refers to all cases considered by the PIRC. Whilst the vast majority of cases relate to Police Scotland, figures include a small minority relating to complaints handled by other policing bodies operating in Scotland.

Given the increasing number of complaints in the backlog being managed by Police Scotland, it is inevitable that this will, in due course, impact upon the volume of CHR applications, reports, outcomes and disposals ultimately generated by PIRC. Therefore, some caution should be exercised in considering data in this section, as actual performance figures cannot be accurately ascertained until the backlog has been addressed. 

Complaint Handling Review (CHR) Applications

Complaints handled by Police Scotland (and by other policing bodies operating in Scotland, including the SPA) may be subjected to an independent Complaint Handling Review (CHR) by the PIRC. Within three months of receiving a final response from Police Scotland, complainers have the opportunity to request an independent review by PIRC in respect of how their complaint was handled. The PIRC may publish an anonymised Executive Summary version of complaint handling reviews on its website.

As outlined in Table 14, the PIRC received 252 applications requesting a complaint handling review during 2023-24, which is broadly comparable to previous years (data in relation to CHR applications specific to Police Scotland is only available from 2020 21, earlier data referring to applications received in relation to all policing bodies operating in Scotland).   

Recognising that the number of CHR applications represents only a proportion of the total number of complaints handled by Police Scotland, the PIRC have emphasised the importance of the CHR process being supplemented by ongoing dip-sampling and audit activity.  

Similarly noting the proportion of complainants who seek a review, the Committee have asked how Police Scotland otherwise check that individuals are satisfied with how their complaint has been handled. Police Scotland have confirmed that they issue a monthly user satisfaction survey to measure service users’ experience of engaging with the complaints process and to inform improvements. This survey is issued to all, irrespective of whether or not complaints have been upheld, and with a response rate of around 20%. Members have requested that resulting data is incorporated into future reports.

CHR Reports

Table 15 provides details of CHRs which have been concluded each year (specific to Police Scotland). In 2023-24, 156 cases were concluded. Following a peak in 2019-20, the number CHR reports has reduced each year.

CHR Outcomes

Table 16 provides details of the proportion of Heads of Complaint (HoC) reviewed (and closed) by PIRC assessed as having been handled by Police Scotland to a reasonable standard. Following a high of 74% in 2022-23, the proportion of CHRs assessed by the PIRC as having been ‘reasonably handled’ by Police Scotland reduced to 57% in 2023-24. It should be noted that these figures do not account for applications which have been subject to ‘discretionary decisions’ where, had they proceeded to a CHR, in most cases a finding of ‘reasonably handled’ would follow. Discretionary decisions relate to applications where, following an assessment, the PIRC is satisfied that Police Scotland has taken reasonable steps to address a complaint, and so does not proceed with a review on grounds of proportionality. For 2023-24, 127 discretionary decisions were made, the PIRC reporting that this would have increased the above figure by 5%. However, even accounting for the impact of ‘discretionary decisions, this equals the lowest level since 2018-19.

Whilst it is appreciated that the number of CHRs undertaken by the PIRC accounts for only a proportion of all complaints handled by Police Scotland, Members continue to note the proportion not considered to have been reasonably handled, and have previously sought clarity on the embedding of learning to prevent reoccurrence.

Noting the recent drop, the Committee have sought clarity on what this says about the effectiveness of the Police Scotland complaint handling process. Whilst the PIRC have noted the introduction, during 2023-24, of an improved training provision for complaint handlers, as well as complaint handler practitioner forums, which they consider will increase quality in this regard, Members have additionally noted the importance of internal quality assurance checks being undertaken internally by Police Scotland themselves.

While CHR outcomes are assessed as ‘reasonable’ or ‘not reasonable’, the PIRC are proactive in highlighting good complaint handling practice in feeding back to Police Scotland and will comment in instances where this has been particularly good. This includes instances where the PIRC exercise discretionary decisions, with letters to Police Scotland highlighting good complaint handling and application of the PIRC Statutory Guidance. PIRC advise that, by highlighting good practice and reinforcing positive learning, they hope complaint handling standards will improve and build public trust and confidence.

CHR Disposals

Table 17 provides details in relation to CHR disposals that have been issued (as with Table 13, data specific to Police Scotland is only available from 2020-21). Police Scotland are asked to implement all learning points, recommendations and reconsideration directions within 56 days. These are tracked and there is ongoing dialogue between PSD and PIRC around progress.

Reconsideration Directions are reserved for cases where serious shortcomings or concerns have been identified. It is noted that no Supervised Reconsideration Directions have been made in the last five years and that, whilst there was a slight increase in Unsupervised Reconsideration Directions in 2023-24 compared to 2022-23, this follows earlier year on year improvement from the high of 2018-19.

Whilst the number of recommendations increased slightly in 2023-24, numbers remain largely consistent over the longer-term period. Table 18 provides further breakdown in relation to the nature of recommendations issued. As previously, recommendations continue to consistently identify common themes, with a particular spike in 2023-24 in the number and proportion of those recommending that PSD conduct further inquiry into closed complaints. Police Scotland embrace all recommendations that are returned from the PIRC following CHRs, and any recommendations remain open until the PIRC are satisfied that they have been fully implemented. The Committee now receive additional assurance reporting on recommendation implementation (including the proportion implemented within 56 days).

The PIRC identifies opportunities for organisational or individual learning and improvement as part of the Complaint Handling Review process. These learning opportunities are highlighted to the police as Learning Points within CHR reports. The Learning Points are also opportunities for the PIRC to highlight examples of good complaint handling practices. Following an earlier request, Committee reports now include further details of some of the learning points identified, and the Police Scotland response to the same. Police Scotland report that its approach is to embrace all of these, although noting that they can take longer to implement, where they relate to a need to make changes to policy. There was an increase in the number of learning points issued in 2023-24, although numbers are largely consistent over the reporting period. However, it should be noted that the trend in 2023-24 is against a context of a 22% reduction in the number of CHR applications progressed to review compared to 2022-23.