Report Summary
The Authority has a set of procedures that details how it will handle a relevant complaint to ensure transparency, equality of treatment, common understanding and public accountability.
As this document constitutes actual working procedures, it covers a significant amount of detail. However, it is hoped that by sharing the ‘how’ and the ‘what’ of its complaint handling, this will allow the Authority to focus its efforts on dealing effectively with all complaints. It also highlights what the Authority will do if there are complaints which do not fall within our remit, or if we consider a complainer’s actions to be unacceptable.
Other types of complaint
The following types of complaint are not handled in line with these procedures. Where any role for Authority members is required, this will be outlined in the respective policies/procedures which apply.
The SPA/Police Scotland grievance procedure is used to try and resolve any issues in the workplace. Some common reasons for grievances are; terms and conditions of employment; health and safety; staff relationships with other people in the workplace; bullying and harassment; working practices and environment; discrimination; and incorrect interpretation or application of policies or procedures.
The procedure is applicable to all police officers (including senior officers), special constables, police staff and Authority staff.
Whistleblowing is a term used when an employee passes on information concerning wrongdoing. This is commonly referred to as “making a disclosure” or “blowing the whistle”. The wrongdoing will typically (although not necessarily) be something they have witnessed at work.
In respect of raising concerns, Police Scotland has guidance which applies to all police officers (including senior officers), special constables, police staff, contractors and agency staff. Similarly, the SPA has guidance which applies to all Authority staff as well as secondees, contractors and agency staff working within SPA Corporate and Forensic Services.
Where the SPA considers that it can reasonably be inferred that a senior officer may have committed a criminal offence, it must refer the matter to the Crown Office & Procurator Fiscal Service (COPFS) and specifically, in relation to police officer criminal complaints, the Criminal Allegations Against the Police Division (CAAPD).
Criminal allegations made about Authority staff will be referred to Police Scotland in the same manner as any other non-police officer criminal activity.
A complaint may be received which contains both criminal and non-criminal allegations. In such circumstances, where a criminal allegation has been referred to the COPFS or the police, guidance will be sought on how to proceed with any non-criminal aspects of the complaint.
It may be that the SPA is required to suspend its complaints process until criminal investigations have been completed.
The Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013 set out processes for determining allegations of misconduct by senior police officers. A “misconduct allegation” is defined as “any report, allegation or complaint from which it can reasonably be inferred that any conduct of the senior officer may amount to misconduct or gross misconduct”.
Where such an allegation comes to the attention of the SPA, it will carry out a preliminary assessment of the allegation in terms of the regulations. In general, such assessments will be made only after the complaint has been considered by other, less formal processes. For example, a complaint about a senior officer by a member of the public may first be dealt with as a relevant complaint. Likewise, a complaint about a senior officer by a colleague in the employment context may be dealt with first as a grievance.
With regards to Authority/police staff, the SPA and Police Scotland have clear standards of behaviour that all staff must maintain. The SPA/Police Scotland disciplinary procedure sets out processes for dealing with misconduct and is applicable to all Authority/police staff.
Complaint about an SPA Board Member
A revised Model Code of Conduct for Members of public bodies was approved by the Scottish Parliament and came into effect in December 2021. The SPA Code of Conduct for Members was subsequently approved by Members and published in June 2022. Complaints received about an individual SPA Board Member will be reviewed by the SPA Complaints Team to establish the nature of the complaint and a report submitted to the SPA Chair, via the SPA Chief Executive. The SPA Chair will forward the complaint to the Commissioner for Ethical Standards in Public Life in Scotland where it appears that a Board member may have contravened the Code of Conduct.
The Commissioner considers complaints about members of devolved public bodies who are alleged to have contravened the Code of Conduct.
On finding a contravention of the Code, the Commissioner will report to the Standards Commission for adjudication. Where a hearing is held by the Commission, and a contravention of the Code is established, it determines the level of sanction to be applied.
