Purpose

The Authority's Complaints Policy is in place to ensure that all relevant complaints are considered and addressed in an objective, proportionate, balanced, consistent, reasonable and timely manner. This approach is underpinned by the principles of necessity, fairness, procedural openness and transparency, while respecting individual confidentiality.

The principle aim of the Authority's Complaints Handling Process is to be open and transparent.

The policy will enhance public, partner and police confidence in the Authority's complaints process by offering assurance to people who make complaints, and to those who are subject of a complaint, that the associated procedures^[1] and any decisions taken in respect of that complaint will be based on these overarching principles.

The policy and associated procedures will ensure that following relevant complaints being made about either a senior police officer of Assistant Chief Constable rank or above; a member of SPA staff; a member of the SPA Board or about the SPA itself, concerns will be addressed at an appropriate level, proportionate action taken, with opportunities for individual and organisational learning identified.

The Police Public Order and Criminal Justice (Scotland) Act 2006 [as amended by the Police and Fire Reform (Scotland) Act 2012] defines a “complaint”, “relevant complaint” and “person serving with the police”.

A “relevant complaint” means a complaint which is made, given or sent by any of the persons mentioned in paragraphs (a) to (d) below to the appropriate authority in relation to the complaint:

1. a member of the public who claims to be the person in relation to whom the act or omission took place;
2. a member of the public not falling within paragraph (a) who claims to have been adversely affected by the act or omission;
3. a member of the public who claims to have witnessed the act or omission;
4. a person acting on behalf of a person falling within any of paragraphs (a) to (c) above.

A “complaint” means a statement (whether oral, written or electronic) expressing dissatisfaction about an act or omission:

1. by the SPA;
2. by Police Scotland; 1 SPA Complaints Handling Procedures, August 2021
3. by a person who, at the time of the act or omission, was a person serving with the police.

A “person serving with the police” means:

1. a constable of Police Scotland
2. a member of police staff
3. a member of the SPA’s staff

A “complaint” may relate to:

1. any action taken, or failed to be taken, by or on behalf of the subject of the complaint;
2. the standard of any service which the subject of the complaint has provided or failed to provide.

But “complaint” does not include:

1. any statement made by a person serving with, or who has served with, the police, about the terms and conditions of that person's service with the police; or
2. a statement which consists of or includes an allegation of an act or omission which constitutes a crime.

An act or omission need not be one occurring in the course of a person's duty, employment or appointment (as the case may be) in order to fall within the definition of a “complaint”.

A complaint need not identify a person serving with the police who is the subject of the complaint in order to fall within the definition of a “complaint”.

Complaints can fall into a number of categories as defined in legislation and Standard Operating Procedures, and the SPA Complaints Team will work with individual complainers to identify how to categorise each complaint allegation. In essence these are:

• Complaint about an SPA Board Member
• ‘Relevant’ complaints about senior officers of Police Scotland, the SPA, or a member of the SPA’s staff (including complaints about Forensic Services and Forensic Services staff)
• Grievances raised in an employment context
• ‘Public interest disclosures’ (‘whistleblowing’ allegations)
• Misconduct allegations against senior officers of Police Scotland.

1] SPA Complaints Handling Procedures, March 2023