Report Development

Angiolini Review Recommendations

The Angiolini Review recommended that the SPA Complaints and Conduct Committee should hold Police Scotland to account for delays in investigations into complaints and misconduct. There is clear dependency on the development of Police Scotland assurance reports to Committee to enable discharge of this recommendation, with Members having been consistent in their ask in this regard during public sessions of the Committee. Specifically in respect of complaints, the Committee now receives information on overall average complaint closure timescales; the proportion of complaint cases frontline resolved within 56 days; and the proportion of non-criminal (non-FLR) complaint cases closed within 56 days (or within wider timeframes thereafter). At the time of writing, Police Scotland public reports now include high-level explanation for non-criminal complaints which took longer than 12 months to close. It has also introduced reporting in private, to be developed further, in respect of cases which have been ongoing for more than 12 months, providing explanation for the delay and detailing remedial action being taken.

In respect of misconduct, the Committee now receives information on average timescales for completion of officer misconduct investigations and for overall misconduct proceedings, as well as (in private session) a more detailed breakdown of timescales linked to ongoing cases involving suspension or restriction of duty, with explanation of current status. As a result of these developments, the Committee has recently agreed that this recommendation can be put forward for consideration of discharge.

The Review also recommended that the Committee should scrutinise Police Scotland performance in dealing with complaints and hold the service to account where targets are not being achieved. As with the above, there is a dependency on the development of Police Scotland assurance reports to enable discharge. In addition to recent developments listed above, the Committee now receives – upper and lower confidence limits in respect of complaint volumes; complaint volumes by Division/Department; reporting across all allegation categories; sub-category reporting in relation to allegations of discriminatory behaviour; reporting on upheld complaints, with information on common allegation categories/sub-categories; and improved trend analysis. The Committee has agreed that, with trend data having been provided by Police Scotland across the range of complaints data for the purposes of this Committee annual report, and with commitment to replicating corresponding trend data within its annual reports to Committee, this recommendation can be submitted for consideration of discharge.

The Committee have also asked that Police Scotland set out targets and acceptable timelines for its complaint handling process (recognising that the above recommendation relates to narrative within the Angiolini Review which states that Police Scotland should develop and publish targets for completing the key stages of the complaints handling process, which should be consistent with statutory guidance).

HMICS Thematic Inspection of Organisational Culture in Police Scotland

HMICS published its report on the above in December 2023. In the context of complaints and conduct, it stated that:

• Police Scotland were not yet fully capturing underlying causal factors in relation to misconduct in order to better understand them and take appropriate action.
• While some analysis of trends associated with complaints and misconduct was taking place, this was limited by the data being recorded and supporting analysis expertise.
• Current Police Scotland reporting to the Complaints and Conduct Committee provides limited assurance on the standards of integrity, ethics and values, with a primary focus on complaints and conduct.

It identified the following areas for development:

• Police Scotland should focus analysis of misconduct, grievance and associated HR processes on identifying causal factors and underlying cross-cutting themes for wider organisational learning.
• Police Scotland should further develop its quarterly reporting to the Complaints and Conduct Committee to provide improved analysis and insights.
• Police Scotland should consider alignment of outcome reporting across a number of areas, including complaints and conduct, to provide improved consistency and oversight of cultural change.

The report otherwise comments that:

• Misconduct (versus complaints) reporting to the Committee is less well developed, using only previous year comparisons and limited analysis. The lack of gender and ethnicity analysis is also a general weakness. Reporting on national gateway reporting, vetting and analysis of sexual misconduct has been conducted separately and would benefit from being brought into routine quarterly reporting.
• There is a continued reticence by Police Scotland about putting more sensitive data into the public domain.
• A lack of more detailed analysis is limiting Police Scotland’s ability to identify issues and trends before they potentially become more widespread. Whilst recognising system development limitations, Police Scotland should use existing analytical resources to better understand trends and areas of concern relating to complaints and conduct matters.
• There is a need for improved analysis and reporting of Equality, Diversity, Inclusion and Human Rights (EDIHR) issues (referencing the May 2023 interim report of the EDIHR Independent Review Group which referred to feedback received that PSD were more prepared to act upon issues involving criminality, but less prepared to address associated issues of misconduct).

Wider Committee Feedback

Beyond action to enable discharge of Angiolini recommendations, reporting has otherwise continued to develop, with additional information provided (as set out in this report) to enable more effective Committee scrutiny and assurance. Members are keen, however, to see further improvements, whilst appreciating that this will be in part dependent on progression of planned system developments.

In respect of complaints, Members have sought, for example, more detailed analysis of the nature of complaints, complainers and those subject to complaints; and capture and implementation of learning from complaints to prevent recurrence.

In respect of conduct, Members have asked, for example, that analysis currently provided in private session in respect of suspensions/restrictions is extended to cover all misconduct cases, that Police Scotland report trend data over time, and that information is introduced in respect of misconduct appeals. The Committee have also requested that Police Scotland seek to expand what can be reported in public, recognising the broader public interest in this area, particularly in respect of process effectiveness (i.e. demonstrating that, where conduct cases come to the attention of Police Scotland, matters are taken seriously and dealt with robustly).

During 2023/24, SPA officials undertook a benchmarking exercise comparing public reporting on policing complaints and conduct matters in England, Wales and Northern Ireland. Whilst there are a number of areas where public reporting by Police Scotland goes beyond that published elsewhere, the benchmarking exercise identified a number of opportunities to further enhance reporting (whilst noting system development dependencies). The resulting report has been shared with Police Scotland colleagues with a view to exploring scope to adopt potential changes going forward, both to enhance public reporting and to enable wider performance comparisons to be drawn in future.

Recognising the above, engagement remains ongoing with Police Scotland with a view to ensuring that information provided to the Committee is of a sufficient level of detail, and has been subject to an appropriate level of analysis, to enable the Authority to more fully perform its oversight role and enabling greater public transparency in relation to this important area. However, nevertheless, the Committee have welcomed continuous improvement in respect of Police Scotland reports over the year, recognising that it is more transparent and enables better scrutiny to take place.