Complaints, investigations and misconduct in policing - implementation of recommendations: thematic progress report - June 2021

Theme 3: Governance and Accountability

PIRC governance and accountability

Proposals in recommendations 34 and 35 to re-designate PIRC as a Commission, with one Commissioner, two Deputy Commissioners, a statutory Board and to be accountable to the Scottish Parliament will be subject to public consultation, before any legislative amendments are considered. As noted in the joint response, in the interim, the Commissioner has been reviewing staffing and Committee arrangements to strengthen legal capacity and organisational scrutiny.

Scrutiny of performance

Many of the remaining recommendations under this theme are non-legislative and work on implementation across a range of areas is progressing well. Following up on recommendations 29, 59 and 79, work is underway within the SPA to strengthen arrangements to hold Police Scotland to account and the Authority is working with the service on the proposed content of future reports. The SPA is also engaging with PIRC, which has its own KPIs to complete 80 % of investigations within 3 months and CHRs within 4 months of receipt. Linked to that, PIRC has confirmed that performance against Key Performance Indicators is already published in its Annual Report, as proposed by recommendation 45.

Cross-agency liaison

In light of recommendation 26 in Dame Elish's Preliminary Report for the establishment of a senior cross agency working group, the Strategic Oversight Group was formed and is now part of the governance and assurance structure overseeing implementation of the Review.

Local Scrutiny Committees

As a first step towards implementing recommendation 33, the Scottish Government raised the role of the local scrutiny committees at the COSLA Police Scrutiny Conveners' Forum on 4 March 2021, offering a brief update to members and flagging the work to come on the issue more widely. At the same meeting, Police Scotland noted their actions so far, including confirmation that monthly reports on complaint handling for Divisional Commanders have been revised to ensure inclusion of data relevant for local committees. This new approach commenced on in November 2020.

Further updates

Details on progress against other recommendations under this theme are set out in the table below:

Progress Overview for the period up to end April 2021

Recommendations 4

Police Scotland performance report to identify 5 year trends.

Lead: Police Scotland

Current Position: In progress

Review ongoing covering all performance reporting, working closely with PIRC and SPA.

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

SPA (Members and Officials) and PIRC in discussions to improve effectiveness and engaging with Police Scotland on content of future reports. PIRC also has KPI to complete 80% of investigations within 3 months and complaint handling reviews within 4 months of receipt. Priority is given to those investigations, including any alleging misconduct, which may affect policing in Scotland.

Recommendations 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

Current Position: In progress

Monthly reports on complaint handling for Divisional Commanders revised to ensure inclusion of data relevant for Scrutiny Boards and commenced on 1.11.20.

Recommendations 34

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

Lead: Scottish Government

Current Position: In progress

The PIRC has recently transitioned its Accountability and Audit Committee (AAC) to a more formal board structure with Committee Members being appointed through an open and transparent appointment process including a representative from SG on the appointments panel. In addition external and internal auditors attend the meetings. As the remit and responsibilities of the AAC mirror the functions that would fall to a Statutory Board, PIRC questions what additional benefits would arise from having a Statutory Board.

Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.

Recommendations 35

PIRC to be accountable to Parliament for non-criminal matters

Lead: Scottish Government

Current Position: In progress

PIRC is not supportive of this recommendation.

Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.

Recommendations 45

PIRC to report performance against targets in the Annual Report

Lead: PIRC

Current Position: Complete

PIRC reports against performance in its Annual Report and Accounts which evidences performance against strategic objectives. The Commissioner has agreed a series of key performance indicators (KPIs) which form the basis of the PIRC's performance management framework. Performance against these KPIs is reviewed monthly by the Heads of Department Group and quarterly by the Audit and Accountability Committee (AAC).

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: In progress

SPA plans to include statement in next year's Annual Report Accounts in respect of suitability of Police Scotland's complaints handling arrangements.

Recommendations 78

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

Lead: Police Scotland

Current Position: In progress

Public performance reporting is currently under review.

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

SPA (Members and Officials) and PIRC in discussions to improve effectiveness and engaging with Police Scotland on content of future reports

Recommendations PR23

PIRC to consider building into structure legal support and advice capacity

Lead: PIRC

Current Position: Complete

This recommendation has been superseded by recommendation 34 and PIRC will be recruiting legal support in the near future.

Recommendations PR26

Establishment of Senior cross agency working group

Lead: All partners

Current Position: Complete

This has been addressed by the establishment of Strategic Oversight Group.