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

Theme 8: Efficiency and Effectiveness

Police Scotland's revised operating model for complaint handling

One of the most significant changes to the system of police complaints resulting from Dame Elish's review is the development and roll out of a new operating model for complaint handling within Police Scotland. The revised Police Scotland Complaint Handling Model commenced on Monday 3 May 2021 and will see all complaints managed within the Professional Standards Department and handled by trained officers and staff. To support this new model 25 posts from both Local and National Policing divisions have been re-aligned. This is a significant step which will support Police Scotland's response to a number of recommendations from both the Preliminary and Final Reports, principally recommendation 9 but also a number of the training recommendations highlighted above. The new revised Frontline resolution (FLR) process also commenced on 3rd May 2021, in order to broaden the opportunities where FLR can be used. This revised process coincides with structural change within PSD whereby early engagement with complainers, early resolution where appropriate, and consistent service delivery to all policing Divisions is at the core of the PSD business model.

Time limits for submission of complaints

PIRC's new Statutory Guidance has been updated to clarify timescales for the submission of complaints by the public and include discretion for Police Scotland to discount complaints that are more than 12 months after the event if they satisfy the specified criteria. The Statutory Guidance has been circulated to all stakeholders, published on the PIRC website and is being incorporated and referenced into the revision of the Police Scotland Complaint Handling Standard Operating Procedure (SOP), thus closing recommendation 80

Vexatious complaints

As Dame Elish highlighted in her Final Report, recommendation 13 from her Preliminary Report to make provision for vexatious complaints is dependent on changes to legislation but in the meantime Police Scotland, the SPA and the PIRC are aligning their unacceptable actions policies for dealing with vexatious or malicious complaints to ensure that they are consistent, robust and efficient Discussions between the partners are progressing through NCHDG to jointly review and ensure consistency across 'Unacceptable, Persistent or Unreasonable Actions by Complainers' policies with updated guidance to be published in due course. The public consultation on legislative proposals will take account of these developments in presenting options.

PIRC management and regional presence

The joint response noted developments following the publication of Dame Elish's Preliminary Report which have overtaken those early recommendations 20 and 25, developments which Dame Elish also signalled in her Final Report. In light of the organisational changes made by the new Commissioner, Michelle Macleod following her appointment in 2019, the Scottish Government agrees with Dame Elish that a management review is not currently required. Similarly, the Memorandum of Understanding between PIRC and Police Scotland, which provides that Police Scotland will secure the scene of the incident with the PIRC taking over on arrival, should mean that a regional presence is not essential. PIRC considers the volume of investigations currently outwith the west central belt of Scotland would not justify a regional office elsewhere in Scotland and recognises that home working has brought flexibility in the response to incidents, with recent recruitment campaigns welcoming applications from throughout Scotland.

Body Worn Video

As highlighted in the joint response, the then Cabinet Secretary for Justice invited Dr Elizabeth Aston, in her capacity as Chair of the Independent Advisory Group (IAG) on New and Emerging Technologies in Policing, to consider the issues identified by Dame Elish in relation to the operational rollout of Body Worn Cameras. The IAG will undertake a live case study on Body Worn Video technology, as part of their work programme. The Scottish Government has provided one-off funding of £0.5m in 2021-22 to the SPA, to support the use of the technology and the Chief Constable has supported an accelerated roll-out to all appropriate officers and staff across Police Scotland as quickly as funding allows. There is a commitment to ensure all armed officers will be equipped with the devices in time for the major international summit, Conference of the Parties 26 (COP26), which is scheduled to be held in Glasgow in November 2021. Police Scotland's Body Worn Video Project Board has now drafted a Code of Practice which has been circulated for comment and feedback.

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 9

All frontline resolution should be carried out by Professional Standards Department

Lead: Police Scotland

Current Position: In progress

New revised Frontline resolution (FLR) process commenced on 3rd May 2021, in order to broaden the opportunities where FLR can be used. This revised process coincides with structural change within PSD whereby early engagement with complainers, early resolution where appropriate, and consistent service delivery to all policing Divisions is at the core of the PSD business model.

Recommendations 68

Strategic Oversight Group or National Complaint Handling Development Group to engage with the SPSO

Lead: Scottish Government

Current Position: In progress

Partners are engaging with SPSO as part of work to take forward a number of recommendations, including consultation on those requiring legislation. SPSO also features in the Terms of Reference for the Strategic Oversight Group.

Recommendations 72

NHS accident and emergency facilities designed to be able to deal safely with mental health care and acute crises

Lead: Scottish Government

Current Position: In progress

Mental Health – Scotland's Transition and Recovery Plan prioritises modernising pathways into mental health services from primary and unscheduled care services. We are working with the Redesign of Urgent Care Programme to improve the integration of physical and mental health within the urgent care setting. We are working alongside partners from other sectors, to ensure that support that is easy to access, quick and responsive at the earliest possible point. This will ensure that people who present with unscheduled care needs find our various systems easy to access and are supported by a clearer referral pathway to the right intervention. The intention is to build on the significant progress already made toward providing an unscheduled care response, this will include embedding mental health unscheduled care pathways for adults, children and young people'.

Recommendations 80

Time limit for submission of complaints by the public should be clear in the PIRC's statutory guidance and publicised on the relevant websites.

Lead: PIRC

Current Position: Complete

New statutory guidance updated to allow Police Scotland discretion to discount complaints that are more than 12 months after the event if specific criteria is met. Guidance circulated to all stakeholders and published on the PIRC website. PIRC statutory guidance and being incorporated and referenced into the revision of the Police Scotland Complaint Handling Standard Operating Procedure.

Recommendations PR11

Police Scotland to accelerate plans to expand use of Body Worn Video

Lead: Police Scotland

Current Position: In progress

Independent Advisory Group (IAG) on New and Emerging Technologies in Policing, will undertake a live case study on Body Worn Video technology. The Scottish Government has provided one-off funding of £0.5m in 2021-22 to the SPA, to support the use of the technology and the Chief Constable has supported an accelerated roll-out to all appropriate officers and staff across Police Scotland. All armed officers will be equipped with the devices in time for COP26. Police Scotland's Body Worn Video Project Board has now drafted a Code of Practice which has been circulated for comment and feedback.

Recommendations PR13

Scottish Government to consider the case for amending the legislation to include a provision to deal with vexatious complainers.

Lead: Scottish Government

Current Position: In progress

Requires legislation. Engaging with partners and staff associations. Public consultation due to start autumn 2021. In the meantime, discussions also progressing with partners to jointly review and ensure consistency across 'Unacceptable, Persistent or Unreasonable Actions by Complainers' policies. Unacceptable complainers guidance reviewed in consultation with PIRC and SPA – to be published imminently.

Recommendations PR20

PIRC to consider the case for creating regional presence to enhance its capacity to respond immediately

Lead: PIRC

Current Position: Complete

Analysis of current volume of investigations outwith the west central belt of Scotland would not justify a regional office elsewhere in Scotland. However, home working has brought flexibility to the way PIRC responds to incidents and recent recruitment campaigns have welcomed applications from throughout Scotland.

Recommendations PR25

Independent management review to ensure that the PIRC has appropriate leadership, skills and culture to carry out its functions.

Lead: PIRC

Current Position: Complete

The Commissioner has made a number of significant changes within the PIRC organisation. This recommendation has now overtaken by the Final Report paragraphs 14.150.