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

Theme 4: Transparency and Accessibility

All of the recommendations grouped under this theme are non-statutory and, as highlighted in the joint Scottish Government/Crown Office response, significant steps have been taken by partners to increase the transparency and accessibility of complaints systems and processes.

Improvements to information on how to complain

Further developments have been made in the intervening period, including completion of work to update the PIRC website to highlight more prominently the role of SPSO in handling complaints about PIRC and to signpost that if individuals are dissatisfied they can ask the SPSO to review how PIRC has handled their complaint. This completes implementation of recommendation 36.

In relation to recommendations 48 and 49 (and recommendation 8 from the Preliminary Report) relating to Police Scotland's complaints handling systems, improvement work continues to ensure that the system is fair, accountable, transparent and accessible for a complainer to effectively navigate the complaints process. Work has commenced on improvements to the Police Scotland website and review of complaint handling resources (complaints leaflet) to enhance public engagement and simplify the feedback process, both in terms of making complaints and recording positive experience. This also includes reviewing the Know Your Rights section of the Police Scotland website, which is particularly aimed at young people. PSD has developed a question set to seek public views on the complaints process, particularly on Accessibility, User Experience and Improvements, which form part of the User Satisfaction Surveys. Work is also progressing to incorporate initial communication/email of thanks to complainers, immediately upon submission of an online complaints form.

As reported in the joint response, PIRC, COPFS, Police Scotland and the SPA have committed to working to better publicise the ability to report a complaint of a crime by a police officer directly to the Criminal Allegations Against Police Division (CAAP-D) of COPFS, as proposed by recommendation 46. Options are currently under consideration and will be further developed with criminal justice partners to ensure the desired outcome, of increased accessibility, is met without creating further complexity and inefficiencies within the system.

Information on SPA Committees

To increase public awareness of the work of the SPA's Complaints and Conduct Committee, as proposed in recommendations 30 and 31, is developing a proposed approach to publication of private Committee discussions for the Committee's approval and is also enhancing reporting on the Complaints and Conduct Committee's scrutiny function in the SPA Annual Report and Accounts.

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 30

Greater public sharing of SPA Complaints and Conduct Committee work

Lead: SPA

Current Position: In progress

Proposal for publication of private Committee discussions to be presented to SPA Committee for approval.

Recommendations 31

SPA Complaints and Conduct Committee work to feature in SPA Annual Report and Accounts

Lead: SPA

Current Position: In progress

Complaints and Conduct Committee annual report for 2020/21 is being prepared, and summary extract for inclusion in this year's SPA Annual Report and Accounts.

Recommendations 36

Publicising recourse beyond PIRC to SPSO

Lead: PIRC

Current Position: Complete

PIRC website has been updated to highlight more prominently the role of SPSO in Complaints about PIRC.

Recommendations 46

Publicising avenue to take criminal allegations to COPFS directly

Lead: COPFS

Current Position: In progress

Options to improve accessibility are currently being considered and further liaison with criminal justice partners to take place to assess all consequences of introducing any changes to practice in this regard.

Recommendations 48

Police Scotland to publicise right to complain

Lead: Police Scotland

Current Position: In progress

Work continues to ensure that the system is fair, accountable, transparent and accessible for a complainer to effectively navigate the complaints process. Questionnaire developed seeking public views and this will be part of the User Satisfaction Surveys.

Recommendations 49

Know your Rights section of the Police Scotland website to be improved

Lead: Police Scotland

Current Position: In progress

Work commenced on website and review of complaint handling resources (complaints leaflet) to enhance public engagement. This also includes reviewing the Know Your Rights section of the Police Scotland website, which is particularly aimed at young people.

Recommendations PR6

Police Scotland to adjust "Early intervention" practice to ensure officers are aware of a complaint against them

Lead: Police Scotland

Current Position: Complete

Consistent approach to notification introduced and consistency of recording for officer notification for both Front Line Resolution and Complaint Handling Reviews.

As Business As Usual, this will be subject to ongoing review/improvement.

Recommendations PR8

Police Scotland to simplify navigating complaints process for members of the public

Lead: Police Scotland

Current Position: Complete

National streamlined process implemented and revised 'How do I make a complaint' form for the public published on Police Scotland external website.

Completed forms are processed by the National Complaints and Resolution Unit (NCARU) for follow up with complainers.

Officers will still encounter members of the public who wish to make a complaint about the police and every effort should be made to resolve issues highlighted at the earliest opportunity-A Guide for Complaints About The Police leaflet will also be provided.