Oversight of misconduct allegations and complaints

Dear Ms Nicol

Police (Ethics, Conduct and Scrutiny) Bill - Criminal Justice Committee: Stage 1 Report 

I refer to the Committee’s Stage 1 report on the above Bill. This correspondence sets out the Scottish Police Authority’s views on the Committee’s recommendations and comments as directed to the Authority.

Authority oversight of misconduct allegations and complaints

The Criminal Justice Committee made the following recommendation at paragraph 242 of its report:

“The Committee recommends that the SPA keeps under review the PSD’s role in carrying out the initial assessment and investigation of allegations of misconduct and complaints about non-senior officers. To inform this review, the SPA’s Complaints and Conduct Committee should seek the views of those who have made complaints and those who have been the subject of a complaint. This recommendation reflects the evidence we heard from those with personal experiences of the police complaints system. The new approach where a centralised professional standards department considers all complaints is a welcome development. However, it is essential for public confidence that this new approach is subject to robust and transparent oversight and governance, to ensure that those who make complaints do not have the same experiences as the people who spoke to us.”

The Committee raised a similar point in paragraph 43 of its report, in which it questioned the robustness of existing oversight mechanisms. The Committee referred to evidence it had heard of “unacceptable behaviours and practices” within Police Scotland and questioned why these had not been identified and addressed by the Authority in its oversight role.

The Authority’s Complaints and Conduct Committee is responsible for overseeing Police Scotland’s handling of “relevant” complaints (i.e. complaints made by the public) and misconduct allegations. Both types of allegations are regulated by legislation.

Relevant complaints about officers below senior rank are dealt with initially by Police Scotland and may be subject to “complaint handling reviews” by the PIRC. The Authority does not have any role in handling individual relevant complaints about officers of non-senior rank. The Authority’s only function in relation to such complaints is set out in section 60(3) of the Police and Fire Reform (Scotland) Act 2012. Section 60(3) requires the Authority to keep itself informed of the way relevant complaints are dealt with by the Chief Constable, with a view to satisfying itself that the arrangements for handling such complaints are suitable.

Misconduct allegations against officers below senior rank are handled, investigated, and determined by Police Scotland, with appeals to the Police Appeals Tribunal in certain circumstances. Again, the Authority has no statutory role in individual misconduct cases of that kind.

The Complaints and Conduct Committee is always willing to consider additional sources of information to inform its oversight activities. The Committee has, for example, asked Police Scotland to report on the surveys it carries out with members of the public who make relevant complaints. The Committee has also asked Police Scotland to explore opportunities to obtain and report on feedback from officers who are the subject of complaint.

The Authority fully accepts the Criminal Justice Committee’s recommendation to keep under review PSD’s role in relation to relevant complaints and misconduct allegations. However, obtaining the views of complainers and subject officers can only be done in a way that does not prejudice legislative processes and the specific roles performed by other bodies. Notwithstanding this, there may be scope for obtaining such views after all formal processes have been concluded, and the Complaints and Conduct Committee will actively consider whether to do so as part of its existing oversight.