Police Scotland Organisational Learning

Learning and improvement is a key focus across Police Scotland, particularly in respect of complaint handling and public confidence in the process. The Committee understands that Police Scotland is committed to promoting a culture of organisational learning, and that trying to reduce, appropriately, complaints is an organisational imperative.

Organisational learning is identified and derived through a variety of sources, including, but not restricted to, PIRC Complaint Handling Reviews, PIRC Investigations, reports shared by the Crown Office and Procurator Fiscal Service, audits by external agencies, internal reviews of particular incidents, conduct matters or processes, and from internal feedback identified as part of the complaint handling process.

There are various avenues for the dissemination of learning, review and the implementation of improvement of policies and procedures. The most appropriate route for dissemination is identified, whether through the governance structure instigated in respect of serious incidents, or through a communications strategy and via the quarterly Divisional Commanders’ report, e-briefings, memoranda, news articles on the internal website and SPA Complaints and Conduct Committee quarterly reports.

Complaint handling is a standing item on local scrutiny boards, in preparation for which PSD engage directly with Divisions. Each quarter, Divisional Commanders are provided with complaint data, highlighting both quantity and types of complaints in their specific areas, alongside comparative data and any identified themes and/or trends. This forum is also used to deliver organisational learning messages and instigate associated actions.

Compliance with recommendations and learning is monitored to ensure it has been successfully embedded in practice. The reports are supplemented by quarterly meetings where learning opportunities can be identified and reinforced. Additional support can be provided by the dedicated PSD training team.

In November 2021, Police Scotland committed to bringing forth future reporting focussed on learning, at both organisational and divisional levels, and how this is being progressed. The Committee previously noted that being a learning organisation, although the right thing to do, can be a challenge to achieve in practice. In November 2022, the Committee heard that Police Scotland was reviewing its approach to organisational learning (not limited to complaints), subsequently updating in March 2023 that processes were now being established to more effectively capture, implement and monitor the impact of learning.

Police Scotland subsequently presented a report to the Committee in June 2023, which outlined current and planned improvements in respect of organisational learning in relation to complaints. The report acknowledged that they are keen to provide more substantive assurance reporting in this regard, and are committed to exploring how best to improve how the organisation captures, analyses and implements learning identified internally and not only as a result of formal recommendations from independent investigation or CHR. However, they noted that there are system challenges in being able to extract and analyse data to enable review of success of resulting improvement actions. Members encouraged Police Scotland to progress the continuous improvement element as much as possible and to assess the effectiveness of proactive steps being taken to reduce complaints. A further report was presented in November 2023, again focussed on development of organisational learning, describing introduction of a process to measure effectiveness of action taken in respect of formal external review recommendations, as well as a process to analyse upheld complaints in order to identify key themes and agree actions to mitigate against repeat complaints. It confirmed commitment to include evidence of resulting improvements within future Committee reports.

Looking ahead to 2024-25, Members have requested introduction of annual reporting in this regard, comprising identified learning and assurance around the effectiveness of the developing organisational learning process, by demonstrating operational improvements realised as a result of action taken in response to learning from complaints.

Examples of learning identified during 2023-24 were as follows:

Learning in Respect of Complaint Handling

• Any complaints made which involve an on-duty criminal allegation should be passed to PSD to assess and investigate at the outset.
• Subject officers should submit their own, independent statements to a complaint enquiry.
• Recognising that the Contact, Command & Control Division (C3) it is often the first point of contact for the public in respect of complaints, guidance is being reviewed to improve their understanding of the process, to provide the best possible service to the public at an early stage.
• Where complaints are not progressed due to undue delay on the part of the complainer, complaint handlers must first assess their seriousness and any reasonable explanation for the delay, and ensure that their rationale, in line with PIRC statutory guidance, is fully recorded.

Learning in respect of Policing Practice

• In cases of protracted neighbour disputes, a single point of contact should be identified where possible, addressing an emerging theme of members of the public expressing dissatisfaction at being required to repeatedly provide details to numerous different officers.
• The importance of recording full details of what is discussed/agreed with a member of the public reporting an incident which is subsequently closed as a ‘civil matter’, and consulting with a supervisor where there is any dubiety.
• Regardless of the environment, the use of translation services should be considered on all occasions where there is a requirement to engage with a member of the public with whom there are communication difficulties, in line with guidance which recognises “the rights of all persons in their contact with the police service to understand and to be understood”.
• Policy and guidance in respect of post-incident Taser discharge is being reviewed in recognition of the human right of those subject to discharge to receive medical assessment.
• In light of associated complaint trends, work is being undertaken to understand reasons preventing officers from providing timely or sufficient updates to members of the public, including exploration of more efficient uses of technology.
• Updated guidance has been circulated to all North-East Division officers in relation to body-worn video, making it mandatory to wear when available and to activate the camera when responding to incidents.
• Procedure in relation to domestic abuse is being updated to ensure clear, effective management oversight in instances where officers attend an incident outwith their sub-division or command area.
• C3 have been reminded of the need to ensure callers are appropriately notified of legal requirements when they call to ask for advice on or report road traffic offences.
• Where it can be reasonably assumed that CCTV should be retained in relation to an incident within Custody, the supervisor should be notified without delay, to ensure that arrangements are made for it to be retained, and alternative methods should be considered in the event of problems in downloading footage. The relevant custody record should detail any decision (and rationale) not to retain footage, as well as any problems in recovering footage (and attempts made to do so), to ensure an appropriate audit trail.
• Planned activity to emphasise the need, within Custody, to offering water to individuals and the importance of the recording same.
• Work is ongoing to address learning which identified the need to ensure the accurate undertaking and recording of vulnerability assessments within Custody.
• Guidance is being developed relating to the process for dealing with crime reports involving serving officers, particularly those of a sensitive nature, to ensure that investigating officers are suitably independent and to mitigate against any allegations of bias where a serving officer is the alleged victim.
• The Collaboration Agreement with the Civil Nuclear Constabulary (CNC) is being reviewed to strengthen the obligation that CNC officers must comply with PIRC investigations when deployed under the command of Police Scotland to potentially life-threatening incidents.