Complaints, investigations and misconduct in policing - recommendations: progress report - December 2022

Theme 3: Governance and Accountability

Two of the recommendations under this theme will require either primary or secondary legislation and, as such, are included as part of the public consultation. Reporting will, therefore, focus on the recommendations under this theme which can be implemented without legislation.

Scrutiny of Performance and Cross-agency Liaison

As reported in June for Recommendation 78, the Chief Constable intends to publish annual complaints performance in dealing with complaints against the time-scales set out in the statutory guidance. Timescales are now published in reports to the SPA and will continue going forward. This will ensure that performance in this area is scrutinised on a quarterly basis via the SPA Complaints and Conduct Committee. This recommendation has, therefore, been fully implemented.

In relation to Recommendation 59, the following statement was included within the SPA’s Annual Report and Accounts 2021/22. “An initial joint audit by SPA and the PIRC in respect of 2020-21 is yet to report its findings. Additionally, there is ongoing engagement with Police Scotland in respect of the developing content of Committee assurance reports. As such, it is expected that the Authority will be able to provide a more informed assessment as to the suitability of Police Scotland complaints handling arrangements next year. Nevertheless, there is clear evidence of progress during 2021-22.” The Annual Report and Accounts were approved by the SPA Board at its meeting on 29 September 2022. Recommendation 59 is, therefore, now complete.

Further updates

Details on progress against all recommendations under this theme are set out in the tables below:

Progress Overview for the period 1 April to 30 September 2022

Recommendations

29 SPA to hold Police Scotland to account for any delays and raise any concerns over PIRC delays with the Commissioner.

Lead

SPA

Current Position

In progress

Recognising the need for consistency of in-year reporting, broader changes will commence from reporting on Q1 2022/23 performance. Significant changes and improvements have already been made and engagement remains ongoing with Police Scotland on incorporation of enhanced assurance content within Committee reports. This links to recommendation 79.

Progress Overview for the period 1 April to 30 September 2022

Recommendations

34 PIRC to be re-designated as a Commission, with one Commissioner, two Deputy Commissioners and a statutory Board.

Recommendations

Lead

Scottish Government

Current Position

In progress

The public consultation on legislative proposals closed on 16 August 2022. The analysis of responses has now been published and, as outlined in the current Programme for Government, the Police Complaints and Misconduct Handling Bill is expected to be introduced in 2022/23.

Recommendations

35 PIRC to be accountable to Parliament for non-criminal matters.

Recommendations

PIRC to be accountable to Parliament for non-criminal matters.

Lead

Scottish Government

Current Position

In progress

The public consultation on legislative proposals closed on 16 August 2022. The analysis of responses has now been published and, as outlined in the current Programme for Government, the Police Complaints and Misconduct Handling Bill is expected to be introduced in 2022/23.

Recommendations

59 SPA to confirm in its annual report whether or not the Chief Constable has suitable complaint handling arrangements in place.

Lead

SPA

Current Position

Completed

SPA included a statement in 2021/22 Annual Report and Accounts in respect of the suitability of Chief Constable’s complaints handling arrangements, based on assessment by the Complaints and Conduct Committee during the preceding 12 months, and consultation with the PIRC.

Recommendations

78 Chief Constable to publish annually Police Scotland's performance in handling complaints against timescales in statutory guidance.

Lead

Police Scotland

Current Position

Completed

Timescales are now published in reports to the SPA and will continue going forward. This will ensure that performance in this area is scrutinised on a quarterly basis via the SPA Complaints and Conduct Committee.

Recommendations

79 SPA Complaints and Conduct Committee to scrutinise Police Scotland's performance in dealing with complaints and hold to account.

Lead

SPA

Current Position

In progress

Recognising the need for consistency of in-year reporting, broader changes will commence from reporting on Q1 2022/23 performance. Significant changes and improvements have already been made and engagement remains ongoing with Police Scotland on incorporation of enhanced assurance content within Committee reports. This links to recommendation 29.

The following is a list of recommendations within this theme which have already been signed off by the Ministerial Group as completed:

Signed off by Ministerial Group as completed and reported in the 23 June 2022 Thematic Progress Report

Recommendation

4 Police Scotland performance report to identify 5 year trends.

Police Scotland.

Signed off by Ministerial Group as completed and reported in the 16 December 2021 Thematic Progress Report

Recommendation

33 Local scrutiny committees to consider what further complaints information or discussion would assist their scrutiny of the police.

Lead: Local Scrutiny Committees & Police Scotland

Signed off by Ministerial Group as completed and reported in the 24 June 2021 Thematic Progress Report

Recommendation

45 PIRC to report performance against targets in the Annual Report.

Lead: PIRC

Recommendation

PR23 PIRC to consider building into structure legal support and advice capacity.

Lead: PIRC

Recommendation

PR26 Establishment of Senior cross agency working group.

Lead: All partners