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Published: 17 April 2023

Dip Sampling of Police Scotland Complaints - 1 March 2023

Report Summary

This report provides members of the Complaints & Conduct Committee with an overview of Dip Sampling of Police Scotland Complaints.

To access the full document please open the PDF document above.

To view as accessible content please use the sections below. (Note that tables and some appendixes are not available as accessible content). 

Meeting

The publication discussed was referenced in the meeting below

Complaints & Conduct Committee - 1 March 2023

Date : 01 March 2023

Location : online


Dip Sampling Themes

The Authority has consulted with Police Scotland and the PIRC on the areas set out and both partners have confirmed they are content with the proposed areas, and which do not impact on their own current or planned audit activity.

It is proposed that the following areas will be the focus of the forthcoming dip-sampling exercises.

Complaints about ACU and PSD staff

In June 2016, HMICS published the ‘Police Scotland – Counter Corruption Unit Assurance Review’ which independently assessed the state, effectiveness and efficiency of Police Scotland’s Counter Corruption Unit, now entitled the Anti-Corruption Unit (ACU). The report made 39 recommendations, one of which specifies:

Police Scotland and the Scottish Police Authority should engage with the Crown Office and Procurator Fiscal Service, Police Investigations and Review Commissioner and other stakeholders to review and strengthen the overall approach to the independent scrutiny and oversight of complaints made against Counter Corruption Unit police officers and members of police staff.

In addition, Section 10 of Police Scotland’s Complaints about the Police Standard Operating Procedure states:

All complaints regarding ACU or PSD police officers/police staff are subject to mandatory notification to the SPA… The SPA will review all new complaints through a process of dip-sampling.

A number of complaints about ACU/PSD staff have previously been dip-sampled and included in general dip-sampling reports to the Committee.

It is proposed that the Complaints Team conduct an exercise to review all ACU/PSD complaint cases reported to the Authority, excluding those previously subject to a dip-sampling exercise.

Complaint Timescales

In the final report on her review of complaints handling, Dame Elish Angiolini makes numerous references to delays in concluding complaints, stating:

The Chief Constable should publish annually Police Scotland’s performance in dealing with complaints against the time-scales set out in the statutory guidance. I recommend that the Scottish Police Authority Complaints and Conduct Committee scrutinise that performance and hold Police Scotland to account where the targets are not being achieved... Another major issue for complainers, as it was for police officers who had made internal complaints or who had been the complained about, was the time taken to reach a conclusion. A recurring concern for the members of the public was that they weren’t properly updated on progress and had to chase up Police Scotland or the PIRC on more than one occasion, with some complaints taking more than two years to complete.

In her final report, Dame Elish also makes the following recommendation:

The SPA Complaints and Conduct Committee should hold Police Scotland to account for delays in investigations into complaints and misconduct. Where there is evidence of excessive delays in PIRC investigations having an effect on policing in Scotland the Committee should raise the matter with the Commissioner.

The proposed area for dip-sampling relates to timescales for communication between PSD and complainers and will focus on the following:

Timescales to contact complainers to attempt Front Line Resolution (FLR)

Timescales to contact complainers to progress cases that are not suitable for FLR

Timescales to provide complainers with updates on the progress of the complaint enquiry


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