PIRC

Unless otherwise stated, data in this section of the report refers to all cases considered by the PIRC. Whilst the vast majority of cases relate to Police Scotland, figures include a small minority relating to complaints handled by other policing bodies operating in Scotland.

Complaint Handling Review (CHR) Applications

Complaints handled by Police Scotland (and by other policing bodies operating in Scotland, including the SPA) may be subjected to an independent Complaint Handling Review (CHR) by PIRC. Within three months of receiving a final response from Police Scotland, complainers have the opportunity to request an independent review by PIRC in respect of how their complaint was handled. The PIRC publish an anonymised Executive Summary version of complaint handling reviews on its website.

As outlined in Table 9 below, the PIRC received 254 applications requesting a complaint handling review during 2022-23, which is broadly comparable to previous years[1]. 

Recognising that the number of CHR applications represents only a small percentage of the total number of complaints handled by Police Scotland, the PIRC have emphasised the importance of the CHR process being supplemented by ongoing dip-sampling and audit activity.

Table 9:

CHR Reports

Table 10 below provides details of CHRs which have been concluded during 2022-23. Following a peak in 2019-20, the number of CHR reports has reduced each year, although 2022-23 saw a notable increase in the number of heads of complaint reviewed, evidencing an increase in the complexity of cases considered[2].

Table 10:

CHR Outcomes

Table 11 below provides details of the proportion of Heads of Complaint (HoC) reviewed (and closed) by PIRC assessed as having been handled by Police Scotland to a reasonable standard, with 2022-23 seeing the highest recorded figure to date.

Table 11:

While CHR outcomes are assessed as ‘reasonable’ or ‘not reasonable’, the PIRC are proactive in highlighting good complaint handling practice in feeding back to Police Scotland and will comment in instances where this has been particularly good.

This now includes instances where the PIRC exercise Discretionary Decisions in not pursuing a Complaint Handling Review, with letters to Police Scotland highlighting good complaint handling and application of the PIRC Statutory Guidance. PIRC advise that they hope that, by highlighting good practice and reinforcing positive learning, complaint handling standards will improve and build public trust and confidence.

Whilst it is appreciated that the number of CHRs undertaken by the PIRC account for a very small proportion of all complaints handled by Police Scotland, Members continue to note the proportion not considered to have been reasonably handled, and have previously sought clarity on the embedding of learning to prevent occurrence.  

CHR Disposals

Table 12[3] below provides details in relation to CHR disposals that have been issued during 2022-23. Reconsideration Directions are reserved for cases where serious shortcomings or concerns have been identified. It is noted that no Supervised Reconsideration Directions have been made in the last four years, and that 2022-23 saw a further reduction in the number of recommendations and unsupervised reconsideration directions issued to Police Scotland.

The Committee has previously noted that it would welcome more granular detail in respect of CHR disposals.

Members sought assurance around follow-up by PIRC of recommendations for reassessment of complaints and were assured that Police Scotland are asked to implement all learning points, recommendations and reconsideration directions within 56 days. These are tracked and there is ongoing dialogue between PSD and PIRC around progress. Members have previously heard from Police Scotland that its position is to embrace all recommendations that are returned from the PIRC following Complaint Handling Reviews (CHRs), and from the PIRC that any recommendations remain open until they are satisfied that they have been fully implemented.

The Committee has previously noted that it would welcome further assurance reporting in this regard.

Table 12:

Recommendations Made

Table 13 below provides details on the recommendations issued to Police Scotland by type in 2022-23. Whilst there have been year-on-year improvements in the number of CHR disposals issued, recommendations continue to consistently identify common themes in respect of recording of individual complaints, insufficient complaint enquiry and quality of final response letters sent to complainers.

Police Scotland provided Members with a detailed overview of training in place for complaint handlers, although the PIRC have noted that from their perspective this is a key area with scope for improvement. They advised that they were liaising with Police Scotland in this regard, confirming plans in place to take this forward.

The Committee and PIRC have noted that, whilst the new Complaint Handling Model was still bedding in during 2022-23, the continued identification of these themes may be partly attributable to the normal flow of officers into and out of the Professional Standards Department. However, Police Scotland have offered reassurance that this is not the case.

Table 13:

[1] Data in relation to CHR applications specific to Police Scotland is only available from 2020-21, earlier data referring to applications received in relation to all policing bodies operating in Scotland.

[2] As above (with the exception of overall number of cases), data specific to Police Scotland is only available from 2020-21.

[3] As above, data specific to Police Scotland is only available from 2020-21.