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.
Stage 6 - Notification
The SPA aims to notify the complainer, and the person subject of the complaint, within 5 working days of the complaint determination, dependent on the complexity of the complaint.
The SPA Complaints Team will send a final response letter to the complainer. Consideration will be given in appropriate cases to explaining the outcome of the complaint personally to the complainer, prior to the issuing of the final response. This may be most appropriate in relation to serious, sensitive or complex complaints, but may also be advisable, regardless of the nature of the complaint, where the complainer is known to have difficulties understanding written communication or different needs arising from different protected characteristics.
No other correspondence will be required with the complainer unless a misconduct hearing has arisen out of a complaint made by a member of the public. As required in the legislation, in those circumstances the Authority must notify that member of the public in writing of the determination of the proceedings.
The final letter of response will:
- Be clear and easy to understand, and free of technical language or jargon;
- Be tailored to the individual needs of the complainer, which may require consideration of alternative formats;
- Address all of the complaints that were agreed at the outset of the process;
- Be firmly based on the facts and evidence established during the enquiry and avoid the use of unfounded judgements or assumptions;
- Contain details of the enquiries carried out in respect of each complaint;
- Be adequately reasoned and explain clearly how the facts and evidence support the conclusions reached, including any conclusion that the complainer’s account is no more probable than a competing account;
- Contain details of any relevant policy, procedure or legal provision that supports the conclusions;
- State clearly whether each complaint is upheld or not upheld on the balance of probabilities;
- Communicate clearly any service or conduct failings identified;
- Contain details of any action taken to avoid a recurrence of the situation which gave rise to the complaint, including any learning or improvement action;
- Where misconduct proceedings have been taken, advise of the determination made at those proceedings and any disciplinary action ordered, if permitted by the applicable legislation;
- Include, where appropriate, an apology;
- Provide the names of those involved in the complaint, unless there is an assessment of an identified risk to them, in which case unique identification numbers will suffice; and
- Include the standard passage advising the complainer of their right to seek a review by the PIRC if they are dissatisfied
The letter will reassure the complainer that the complaints have been dealt with fairly and, where necessary, that action will be taken to ensure there is no recurrence of the issue in question.
An apology will be given where things have gone wrong, either verbally or in writing. Any apology will be unambiguous and sincere.
There will be times when everything has been done to deal with the complaint but the complainer does not accept the outcome. It will be explained clearly to the complainer what can or cannot be achieved from the complaint.
Notification to the person subject of the complaint
The senior officer or SPA staff member subject of the complaint, while not provided with a copy of the final response issued to the complainer, will be issued with a response advising of the determination of the complaint, what follow up action is being taken, and in what timescales. They will also be advised that should the complainer be dissatisfied with the manner in which the SPA has dealt with their complaint, they have the right to seek a review by the PIRC.
Notification about the PIRC review function
When issuing final responses to relevant complaints, the SPA will notify the complainer of their entitlement to seek a review by the PIRC if they are dissatisfied with the handling of their complaint. The following passage will appear as the final paragraph of the letter of response:
If you are not satisfied with the way in which your complaint has been handled, you may request a review by the Police Investigations and Review Commissioner (PIRC). If you decide to contact the PIRC, you must submit an application form to them within 3 months of the date of this letter (or e-mail), otherwise they may not be able to deal with your complaint. The contact details for the PIRC are outlined below.
Telephone: 01698 542900
E-mail: enquiries@pirc.gov.scot
Online: pirc.scot
Post: PIRC, 2nd Floor, Hamilton House, Caird Park, Hamilton, ML3 0QA
The PIRC may, at the request of the complainer, review the way in which the complaint has been dealt with, known as a Complaint Handling Review (CHR). After completing the CHR, the PIRC may make recommendations requesting that further action is taken. The PIRC may also give a Reconsideration Direction, instructing the SPA to reconsider the complaint. In line with statutory guidance, any reconsideration will be dealt with by an individual who was not previously involved in the consideration of the complaint, and any proposed further response will not be provided to the complainer until having first been approved by the PIRC.
