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Published: 23 August 2023

SPA Dip Sampling of Police Scotland Complaints - 22 August 2023

Keywords : NCHDG recommendations PIRC ACU PSD FLR

Report Summary

This report provides members of the Complaints & Conduct Committee with an overview of SPA Dip Sampling of Police Scotland Complaints.

Meeting

The publication discussed was referenced in the meeting below

Complaints & Conduct Committee - 22 August 2023

Date : 22 August 2023

Location : online


Further Details on the Report Topic

Review Areas
General Dip-Sampling Exercises

The Complaints Team has resumed general dip-sampling exercises in line with those previously conducted,
beginning with a review of 2022-23 Quarter 3 (October to December 2022).

Details of the most recent dip-sampling exercise are contained in Appendix A to this report with the following
key findings and recommendations.

Key Findings

Criminal, FLR PSD (NCARU) and Withdrawn complaints are deemed to have been handled appropriately in terms of the CAPSOP.
The PIRC Statutory Guidance states that, wherever possible, contact should be made with the complainer within 3 working days of receipt. This timescale was met in all but 1 of the cases reviewed.
The PIRC Statutory Guidance provides an expectation that policing bodies should respond to complaints requiring investigation within 56 days (40 working days) of receipt. Of the 80 cases reviewed, 51 were found to have been concluded within 40 working days.
The average timescale for concluding Non-Criminal cases was 88 working days.
In complaints that were subsequently abandoned, delays were identified in the time taken for an investigating officer to contact the complainer once the complaint had been passed for allocation.
In 1 abandoned complaint, no details were recorded to show that all reasonable efforts had been made to secure the complainer’s co-operation before the case was closed as abandoned.
The review found 3 complaints were incorrectly categorised.
The exercise identified some occasions in which process/procedures were not adhered to, for example, notification of complainer’s right to recourse by the PIRC; learning points to be shared as appropriate; and subject officer/ supervisor to be advised of a complaint.

Recommendations

Police Scotland should review the timescales for acknowledging receipt of a complaint and making initial contact.
Police Scotland should provide guidance on appropriate timescales to issue a ‘14-day letter’ and what constitutes “all reasonable efforts to secure a complainer’s co-operation” within the CAPSOP.

Complaints about ACU/PSD officers and staff
In accordance with the CAPSOP, all complaints made about ACU/PSD officers and staff are subject to mandatory notification to the Authority who will review all such complaints.

Prior to 2020, all ACU/PSD complaints received by the Authority were reviewed and reported to the Committee on a quarterly basis. As noted above however, Covid-19 paused both the dip-sampling exercises and the review of all ACU/PSD complaints.

Complaints about ACU/PSD officers and staff are not subject to a “dip-sample” but all are reviewed utilising the same process as that used for general dip-sampling exercises.
In reviewing ACU/PSD complaints for this exercise, a small number of cases had been received. However, during the course of the exercise, a larger number of cases were identified.

To allow consideration in the round, the small number of cases reviewed during the exercise is not being reported at this time but will be included, along with those complaints recently identified, in the next quarterly update to the Committee at its meeting in November 2023.


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