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

To address Recommendation 4, Police Scotland has continued to progress development of reporting to identify 5 year trends. Reports to the SPA Complaints and Conduct Committee covering the period Q1 (April to June), Q2 (July to September) and Q3 (October to December) have included 5 year trends where the information is available. This reporting will continue to be developed incrementally, as and when relevant data is available, until it is included in all aspects of data in the performance report. The last 3 published reports confirms an established process and, thereafter, data will continue to be reported in this format. This recommendation has, therefore, been fully implemented.

It also remains the Chief Constable’s intention to publish annual complaints performance at the end of the financial year 2021/22 which will see Recommendation 78 finalised at that point. However, in this reporting period recommendation 78 remains ongoing.

Recommendations 29 and 79 are closely linked with regular meetings taking place between SPA, Police Scotland and PIRC, including agreement on proposed content and timing of data required for Complaints and Conduct Committee reports. Whilst some significant changes and improvements have already been made, engagement remains ongoing with Police Scotland on incorporation of enhanced assurance content within Committee reports. It is anticipated that, recognising the need for consistency of in-year reporting, broader changes will commence from reporting on Q1 (April to June) 2022/23 performance.

In relation to Recommendation 59, the SPA plans to include confirmation in the 2021/22 Annual Report, whether or not the Chief Constable has suitable complaint handling arrangements in place. This will be based on assessment by the Complaints and Conduct Committee during the preceding 12 months, as well as consultation with the PIRC.

Further updates

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

Theme 3: Governance and Accountability - Progress Overview for the period 1 October 2021 to 31 March 2022

Recommendations

4

Police Scotland performance report to identify 5 year trends.

Lead

Police Scotland

Current Position

Complete

Current Position

The Quarter 1, 2 & 3 Report for 2021 submitted to the SPA Complaints and Conduct Committee included 5 year trend analysis which will be developed incrementally as the relevant data is available. The 3 published reports confirms an established process which is set to continue to be reported in this format. This process ensures finalisation of this recommendation.

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

Current Position

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.

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

Current Position

The public consultation has now launched and the responses will help to shape the preparation of a draft Bill. We will continue to engage with stakeholders throughout the consultation period. A further update on this will be provided in the next Thematic Progress Report.

PIRC is not supportive of the part of this recommendation relating to the establishment of a Statutory Board.

Recommendations

35

PIRC to be accountable to Parliament for non-criminal matters

Lead

Scottish Government

Current Position

In progress

Current Position

The public consultation has now launched and the responses will help to shape the preparation of a draft Bill. We will continue to engage with stakeholders throughout the consultation period. A further update on this will be provided in the next Thematic Progress Report.

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

Current Position

SPA plans to include a statement in next year’s Annual Report Accounts (2021/22) 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

In progress

Current Position

Annual reporting on Police Scotland’s complaints handling performance will be available shortly after the end of financial year 2021/22.

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

Current Position

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 in 2021:

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

Recommendations

45

PIRC to report performance against targets in the Annual Report

Lead

PIRC

Recommendations

PR23

PIRC to consider building into structure legal support and advice capacity

Lead

PIRC

Recommendations

PR26

Establishment of Senior cross agency working group.

Lead

All partners

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

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