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.
Support for vulnerable complainers
In addition to legislation and guidance which govern police complaint handling in Scotland, the SPA will have regard to the Public Sector Equality Duty contained in Section 149 of the Equality Act 2010[1]. Public authorities are required to take positive steps to eliminate discrimination, advance equality of opportunity, foster good relations and have due regard to the need to:
- Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010;
- Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and
- Foster good relations between persons who share a relevant protected characteristic[2] and persons who do not share it.
It is essential to public confidence that the SPA complaints system is visible, clear and accessible. Members of the public need to know how to make a complaint and how it will be dealt with. Where necessary, assistance will be given to enable people with different needs and different protected characteristics or any vulnerabilities to access and use the complaints system.
The SPA will ensure that all communication is tailored to the individual needs of the complainer and anticipate what type of reasonable adjustments may be required to meet the needs of the individual complainer, including those who have visual, hearing or mobility impairments. All information will be accessible in clear plain English, and, on request, will be made available in other languages or in alternative formats.
In order to advance equality of opportunity and eliminate discrimination, the SPA will seek to capture and record equality evidence from complainers when they engage with the SPA complaints system. Adequate and accurate equality evidence is at the root of compliance with the general equality duty. Equality evidence, alongside complaints data, will enable the SPA to better understand the effect of its policies and decisions, obtain a clearer understanding of the needs of service users, inform more effective targeting of policy and resources and identify whether further information is required.
Complaints made by children and young people
The United Nations Convention on the Rights of the Child (UNCRC) articulates the right for every child and young person to express their views, feelings and wishes in all matters affecting them and supports these views being heard and taken seriously. As a primary consideration, where the SPA receives a complaint from, or on behalf of, a child or young person, it will ensure that their best interests are paramount in all decisions and actions that affect them.
[1] In addition to general public sector duty, some policing bodies will also be subject to specific duties. The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 as amended sets out a list of the relevant public authorities
[2] Includes age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation - Section 4 of the Equality Act 2010
