Police Scotland Complaints Performance

Complaints

Table 1 provides details of complaints received by Police Scotland during 2023-24, including comparison to the previous five years. The impact of COVID-19 related complaints during 2020-21 and 2021-22 should be considered when drawing comparison to previous years.

During 2023-24, 7,099 complaints from members of the public were received, an increase of 345 (5.1%) from 2022-23, and an 8.3% increase from the five-year average. This volume sits outwith complaint volume confidence limits (i.e. between 6,316 and 6,971 complaints) and, following an earlier increasing trend, represents (discounting impact of COVID-19 related complaints) the highest volume in recent years. The level of complaints in 2023-24 was influenced by a spike during the first half of the year, with no specific Division assessed by Police Scotland as having influenced this.

North Command

The North Command Area experienced a 7.5% increase in complaints compared to 2022-23, and a 9.2% increase against the earlier five-year average. Increases from 2022-23 and against the five-year average were seen across all territorial Divisions in the North, with volumes in each (except Highlands & Islands) sitting outwith confidence limits and with Tayside seeing the highest volume increase. Whilst no specific allegation types were identified as influencing the increase compared to 2022-23, Service Delivery and Service Outcome allegations consistently influence the highest volume increases against the five-year average.

East Command

The East Command Area experienced a 4.8% increase in complaints compared to 2022-23, and a 3.9% increase against the five-year average. Increases from 2022-23 and against the five-year average were seen across all territorial Divisions in the East (except Lothian & Borders), although only Fife, which saw the highest volume increase, sits outwith confidence limits. Service Delivery allegations consistently influence the highest volume increases against the five-year average across each Division in the East (except Lothian & Borders). Assault allegations in Edinburgh are the highest volume category increase which influences the overall increase in that Division (against both 2022-23 and the five-year average).

West Command

The West Command Area registered a 4.1% increase in complaints compared to 2022-23, and an 11.0% increase against the five-year average. This increase is spread across every territorial Division in the West, all sitting outwith confidence limits and with the highest volume increase against 2022-23 registered in Renfrewshire & Inverclyde. No specific allegation types are assessed to have influenced the wider increases across the West. However, Assault and Discriminatory Behaviour allegations are assessed to have influenced the increase within Greater Glasgow Division; Policy/Procedure and Service Delivery allegations most influence the Lanarkshire increase; and Irregularity in Procedure allegations most influence the increase in Renfrewshire & Inverclyde.

Proportionality of Divisional Complaints

Members had previously been advised that fluctuations in complaint levels geographically were reflective of variations in the number of officers working within the 3 command areas. As a result, they requested that future reports enable understanding of any disproportionality when controlling for workforce size. Table 2 shows the spread of complaints per 100 employees per Division over the past 4 years. Rates for specialist Divisions are typically lower than those for local policing. It should be noted that, depending on the nature of allegations, there may be multiple subject officers or, in the case of Quality of Service allegations, there may be no subject officers attached. The table highlights that, over the 4-year period, Dumfries & Galloway and Tayside consistently received a disproportionately higher number of complaints.

Complaint Categories

Table 3 provides a breakdown of complaints by category over the past 3 years. Withdrawn complaints are those where the complainer intimates that they wish to withdraw a complaint. Abandoned complaints are those which cannot proceed without the complainer’s further co-operation.

Overall, 49.3% of all complaints received during 2023-24 were concluded via Frontline Resolution (FLR). As outlined in the PIRC Statutory Guidance on handling of complaints about the police in Scotland (October 2022), the ability to resolve complaints promptly and simply is a key element of an efficient and effective police complaints system. FLR allows complaints to be resolved at an early stage by way of explanation, assurance or apology, usually over the phone or in person, and is intended to be a pragmatic and proportionate approach that benefits all parties involved in a complaint. The Committee have previously heard that the PIRC have not undertaken any significant analysis to date in respect of complaints addressed by Police Scotland through the informal FLR process, although the PIRC have noted that this should only be used in relation to low-level complaints. They have confirmed, however, an intention to undertake an audit of the FLR process in due course.

A further 27.9% of complaints were categorised as Non-Criminal (not FLR). Taken together, the vast majority of complaints received were either frontline resolved at some stage, or resulted in Non-Criminal enquiry. This contrasts with the 6.2% of complaints categorised as Criminal.

The remainder of complaints received were either Abandoned (11.3%), Withdrawn (4.5%), Not Relevant Complaint (1 complaint) or were Ongoing with the PSD NCARU (0.8%).

As shown in the table, the increase in overall complaint volumes, compared to 2022-23, is mainly attributed to a rise in the number of Non-Criminal complaints requiring formal enquiry and determination. Whilst the number of abandoned complaints has reduced compared to previous years, it still accounts for a sizeable minority of complaints.

Allegations

Table 4 provides details of allegations received by Police Scotland during 2023-24, including comparison to the previous five years. During the course of 2023-24, a total of 10,820 allegations were received, a reduction of 9.8% compared to the previous year. Reductions in the number of allegations were identified across all three Command Areas. In contrast with overarching complaint levels, allegation numbers have continued to reduce in recent years, with 2023-24 seeing the lower volume since 2018-19 (i.e. a reduction in the average number of allegations per complaint). However, Police Scotland have advised that the nature of allegations has become more complex over this period.

Allegation Categories

There are three broad categories of police complaint allegations:

• On Duty
• Off Duty

Quality of Service

Table 5 provides a breakdown of allegations by category. As with previous years, the majority of allegations received are in relation to the On Duty category, which accounted for 65.9% of allegations received by Police Scotland in 2023-24, although numbers in this category are the lowest seen over the reporting period (following a year-on-year reduction from a peak in 2020-21). Off Duty allegations continue to be very small in number, 2023-24 continuing a year-on-year reduction in those received.

On or Off Duty allegations which allege criminality account for 6% of all allegations received in 2023-24. Whilst numbers saw a reduction against 2022-23, this is in the context of a gradually increasing trend over the prior reporting period.

Quality of Service allegations account for 34.1% of allegations. This represents a significant reduction compared to 2022-23 (which saw the peak of an earlier year-on-year increase over the reporting period).

Allegation Type & Sub-Type

Allegations categories are further broken down into a number of allegation types (and, where applicable, sub-types). Table 6 provides breakdown of all allegations by type. 

Tables 7 to 9 provide further breakdown by sub-type for Quality of Service allegations (covering Service Outcome, Service Delivery and Policy/Procedure), Irregularity in Procedure allegations, and Discriminatory Behaviour allegations.

Over the past six years, the allegation types with the highest number of allegations continue to be Irregularity in Procedure, the three Quality of Service types of Service Outcome, Service Delivery and Policy/Procedure, and Incivility. Taken together, these allegation types accounted for 82.2% of all allegations received during 2023-24. This proportion has remained broadly steady over the reporting period.

Following earlier discussion, Members had sought to understand any correlation between Quality of Service allegations and resourcing levels within Police Scotland. Whilst each Quality of Service allegation type saw a decrease compared to 2022-23 (which represented a peak over the reporting period), they remain at an elevated level, each having increased against the five-year average. Whilst supplemented by low volume increases across other Divisions, Police Scotland advise that those assessed to have most influenced the increase against the earlier five-year period are: in respect of Policy/Procedure, Lanarkshire and Edinburgh; for Service Delivery, Fife, Tayside and North East; and for Service Outcome, Tayside and North East. The sub-types with the highest volume of allegations are: in respect of Service Outcome, ‘Lack of satisfaction with action taken’; Service Delivery, ‘Type of Response’; and Policy/Procedure, ‘Policing Procedure’. This is the case in each year across the reporting period.

In respect of Irregularity in Procedure (which continues to remain the highest volume allegation type), whilst overall allegation numbers increased compared to 2022-23, they otherwise remain at the lowest level for some years. However, increases have been registered across a number of sub-types. Increases (compared to 2022-23 and the five-year average) for the ‘Provide insufficient updates to the complainer’ sub-type are primarily linked to Tayside; and, for the ‘Road Traffic Procedures’ sub-type, to Greater Glasgow. Whilst increases, compared to 2022-23, are seen across a number of other sub-types (‘Insufficient Enquiry Carried out’, ‘Length of time taken to investigate/carry out enquiries’, ‘Custody Procedures/Care of Prisoners’ and ‘Disclosure of Information (non-criminal)’), Police Scotland advise that, based on longer-term trends over the earlier five-year period, these are not assessed, at this time, as being significant. The sub-types with the highest volume of allegations are ‘Insufficient Enquiry carried out’, ‘Other’, ‘Provide insufficient updates to the complainer’ and ‘Custody Procedures/Care of Prisoners’. It is noted that, as a proportion of Irregularity in Procedure allegations, the ‘Other’ sub-type accounts for between 20% and 27% across the reporting period, potentially giving rise to a need to review sub-type categorisation.

Incivility allegations, whilst still representing a significant proportion of allegations, have continued to reduce year on year, from an earlier high in 2020-21.

As of October 2021, all on-duty Assault allegations (plus any associated criminal allegations) received by Police Scotland must be referred to the PIRC for assessment and potential investigation, following recommendation made within the Angiolini Review in relation to alleges breaches of Article 3 of the European Convention on Human Rights. This ensures that these allegations are subject to independent scrutiny and investigation as required. Police Scotland note that 358 such referrals were made in 2023-24 (compared to 378 in 2022-23), with PIRC determining that 24.5% of referrals assessed required further investigation (compared to 21.7% in 2022-23). Members have sought assurance in respect of process timescales, cognisant of the impact on both the complainer and the subject officer whilst matters remain ongoing. It was confirmed that PIRC make a decision on whether or not a matter will be subject to investigation fairly quickly, with Police Scotland having 14 days thereafter to provide information required to inform investigations. However, it has been acknowledged that the overall process can take time, PIRC advising that it is currently undertaking a review which it hopes will streamline the process going forward. Although Assault allegations have decreased from last year, 2022-23 saw a peak in such allegations over the last six years, with allegations remaining at an elevated level in 2023-24. More specifically, 2023-24 saw increases against 2022-23 and the earlier five-year average across a number of Divisions, particularly Greater Glasgow and Edinburgh, and to a lesser extent Highlands & Islands, Tayside and Criminal Justice Services Divisions.

Whilst noting low numbers annually, Discriminatory Behaviour allegations have nevertheless increased from 2022-23 and against the earlier five-year average, with Greater Glasgow and Tayside assessed to be the primary drivers. A further notable driver here is the increase in the ‘Race’ allegation sub-type (which, across the reporting period, represents between 48% and 57% of such allegations), with lower volume rises also registered for ‘Gender’ and ‘Sexual Orientation’ sub-types.

Members have noted emerging trends in this regard, and have sought clarity on whether any external benchmarking has been done, Police Scotland advising that they link closely with wider UK policing forums in this regard. The Committee have asked for future update on engagement activity with diversity staff associations seeking to identify any resulting learning, on the proportion of discriminatory behaviour allegations which are upheld, and on analysis of those Divisions identified as the primary drivers of recent increases.

Members have previously requested provision of further data analysis to allow the Committee to more fully understand changes in allegation levels, noting the need to gain a sense of the magnitude and complexities of complaints being received and to seek assurance around resulting organisational learning. Police Scotland have also previously committed to undertaking further analysis to identify factors which have influenced particular trends.

Determinations

Table 10 details the number of allegations attached to completed criminal and non-criminal investigations which have been concluded each year. This excludes any non-criminal complaints closed via frontline resolution. During 2023-24, 4,265 allegations concluded. Since 2019-20 the number of concluded allegations has seen a year-on-year reduction. 

Of those concluded allegations, 13.8% (589) were upheld. Whilst this does not represent a significant variation from the five-year average, it is the lowest level to date over the reporting period, and against a context of fewer concluded allegations.

Table 11 provides further breakdown of upheld allegations by allegation type. In 2023-24, the majority of upheld allegations relate to the following allegation types:

• Irregularity in Procedure (32%), of which the highest volume sub-types were:
  • ‘Other’ (46 allegations)
  • ‘Time of Response’ (149 allegations)
  • ‘Lack of Satisfaction with Action Taken’ (58 allegations)
• Service Delivery (32%)
• Service Outcome (17%)

These allegation types consistently represent the highest volume of upheld allegations over the last five years. Despite the impact of fewer concluded allegations in 2023-24, the number of upheld Service Delivery allegations is broadly the same as in 2022-23 and represents a 52% increase on the prior five-year average, the number of upheld allegations of this type having gradually increased year on year. The number of upheld Irregularity in Procedure allegations, by contrast, have fallen each year from a previous high in 2019-20. Upheld Service Outcome allegations have fluctuated each year around the five-year average, between a trough in 2018-19 and a peak in 2022-23, and with 2023-24 representing a 44% decrease against the previous year. 

It should be noted that, if complainers are dissatisfied with the handling of their complaint, they can request a review via the PIRC.

Closure Timescales

In line with PIRC Statutory Guidance, policing bodies should aim to respond to (non-criminal) complaints requiring investigation within 56 days, although it is acknowledged that factors, such as complexity and seriousness, can influence timescale within which complaints are concluded. The 56-day period does not apply to complaints closed via frontline resolution, the aim of FLR being to provide a quick, informed response within a much shorter timescale.

In 2023-24, Police Scotland reintroduced reporting on timescales for closure of non-criminal cases exclusive (rather than inclusive) of those closed via frontline resolution. Table 12 provides trend information in this regard, detailing average closure timescales, as well as the proportion closed within 56 days. It highlights that average closure timescales have seen a year-on-year increase from 2019-20, with cases taking an average of 236 days in 2023-24, the highest in recent years. At the same time, following a corresponding decreasing trend, the proportion of cases closed within 56 days has reduced to a low of 10.4%.

Table 13 provides further breakdown in terms of the number of complaints closed within 56 days, and within further time periods thereafter. Against a context of a gradual decrease in the number of non-criminal complaints closed each year and a gradual decrease in the proportion closed within 56 days, there is an increasing trend in the proportion taking between 6 and 12 months (29.6% in 2023-24) and more than 1 year (15.5% in 2023-24).

Timescales for completion of complaints varies greatly. Some can be concluded in a matter of days whilst others can take months or longer. There are several reasons why some complaints take longer than others, including the number of allegations involved, the complexity of the complaint, the number (and availability) of subject and witness officers involved, willingness/ability of complainers to engage, volumes of correspondence submitted by complainers, challenges in meeting complainer expectations and complaints about investigations which are more specialist in nature. However, Police Scotland have also noted challenges around imbalance of demand against resource, and the impact on complaint handling timescales.