Key Changes

Complaints about SPA Staff

The Authority’s Corporate Governance Framework provides the Terms of Reference for the Complaints and Conduct Committee which states that meetings will be used to (ii) “Consider and determine complaints against the Authority, its staff and senior officers of Police Scotland in accordance with the provisions of the Police Public Order and Criminal Justice (Scotland) Act 2006 and the statutory guidance produced by the Police Investigations and Review Commissioner (PIRC)”

Accordingly, complaints about SPA staff are currently determined by the Committee.

The revised procedures introduce a change to the decision making process for complaints about SPA staff below Director-level whereby complaints will be determined by the SPA Chief Executive (for complaints about SPA Corporate Staff) or the Director of Forensic Services (for complaints about Forensic Services staff).

Complaints about SPA Corporate and Forensic Services staff at Director-level and above will continue to be determined by the Committee.

This change follows standard practice in other organisations, and aligns with the existing approach within Police Scotland, whereby it handles all complaints with the exception of those about senior officers.

The change introduces a separation of responsibilities in terms of the role of the Committee in decision-making and oversight of complaints about SPA staff.

Other Changes

The revised procedures also introduce the following changes.

Clarification on the three broad categories of complaint: On-duty; Off-duty and Quality of Service;

Updated text in relation to complaints about former officers and staff;

Updated text to reflect approval of the revised SPA Code of Conduct for Members;

Clarification that the SPA is the appropriate authority for dealing with relevant complaints about senior officers in circumstances where the alleged act or omission that gave rise to the complaint occurred before the subject officer was promoted to a senior officer rank;

Clarification that the SPA is also the appropriate authority for dealing with relevant complaints about officers whilst temporarily promoted to senior officer rank;

Clarification on the processes for handling criminal allegations against senior officers and those against SPA staff members;

Reworded section on Withdrawn or Abandoned complaints to align with the updated PIRC Statutory Guidance;

Clarification that relevant complaints which are straightforward, relatively minor in nature and require minimal enquiry may be determined by the Complaints Team;

Inclusion of alternative resolution proposals to resolve complaints;

Inclusion of sections on support for vulnerable complainers, capturing equality evidence, and complaints made by children and young people; and

Revised structure and format of document to avoid duplication and provide greater clarity around the procedures.