Keeping Scotland Safe and Strong - A Consultation on Reforming Police and Fire and Rescue Services in Scotland: Analysis of Consultation Responses

6. SCRUTINISING THE SCOTTISH POLICE FORCE - AUDIT, INSPECTION AND COMPLAINTS

Question 8: What are your views on our proposals for inspection and audit?

Summary of proposals in the consultation document:

• Inspection of the Scottish Police Service will continue to be undertaken by HMICS.
• Audit responsibilities for the SPA and the service will transfer from the Accounts Commission to the Auditor General.
• The relationship between HMICS and the Scottish Parliament will be put on a more structured footing by requiring HMICS to lodge its inspection reports with Parliament. HMICS will also be required to present its reports to the SPA.

6.1 72 respondents from the following respondent categories addressed this question.

Respondent category	Number of respondents	Respondent category	Number of respondents
Pol Force	4	LA	21
PB	6	Vol	2
Pol Org	11	CPP	4
FRS		NHS
FB		Oth	11
Fire Org		Individuals	13

Note: Abbreviations used in the above table are described in Table 1.

6.2 32 respondents simply welcomed the proposals as being largely uncontroversial, sensible and building on existing arrangements.

6.3 6 respondents specifically welcomed the continued role of HMICS which was viewed as impartial and independent. 2 respondents recommended that HMICS discontinue the practice of employing serving police officers as secondees. 5 respondents welcomed the proposal that HMICS present its inspection reports to the SPA. 4 respondents welcomed the proposal that HMICS lodge its inspection reports with Parliament.

6.4 A recurring comment (largely made by local authorities) was that proposals for audit and inspection at a local level are not covered in the consultation. There was concern that such a task would be challenging for HMICS. Several respondents argued that audit and inspection should cover the contribution the new service makes to Community Planning Partnerships and single outcome agreements.

Question 9: What are your views on our proposals and options for handling complaints, criminal allegations, serious incidents and reviews of investigations?

Summary of proposals in the consultation document:

• Less serious criminal allegations will continue to be handled within the Scottish police service under the independent direction and control of the Crown Office and Procurator Fiscal Service.
• An independent body should undertake the investigation or review of the small number of cases currently handled by a different force and the investigation of allegations of misconduct by chief officers referred to it by the SPA.

6.5 73 respondents from the following respondent categories addressed this question.

Respondent category	Number of respondents	Respondent category	Number of respondents
Pol Force	6	LA	21
PB	6	Vol	3
Pol Org	10	CPP	2
FRS		NHS
FB		Oth	12
Fire Org		Individuals	13

Note: Abbreviations used in the above table are described in Table 1.

6.6 The consultation document provided 4 options for handling complaints, criminal allegations, serious incidents and reviews of investigations. 30 of the 73 respondents considering this question provided a clear view on which of the 4 options they preferred:

Option 1(a) New body; incorporating PCCS functions	12 respondents
Option 1(b) New body; PCCS functions transferred to SPSO	4 respondents
Option 2(a) New body; incorporating HMICS inspection and advisory functions	8 respondents
Option 2(b) New body; incorporating HMICS inspection and advisory functions; PCCS functions transferred to SPSO	6 respondents

Of those who expressed a clear preference, Option 1(a) received most support, especially from police organisations when compared to other respondent sectors. Local authorities were prominent amongst supporters of Option 2(a) when compared with other respondent sectors. Option 1(a) was seen as providing an independent and efficient approach which would enhance public confidence, be in line with other jurisdictions, and maintain a distance and separation from HMICS.

6.7 Supporters of Option 1(b) felt this to be more in line with the Sinclair and Crerar Reviews on audit, inspection and complaints, whilst also maintaining an independence from HMICS.

6.8 The benefits of Option 2(a) were cited as: enhancing public confidence that the police are subject to robust inspection; best option for efficient use of time and effort; providing the opportunity to learn from the complaints system.

6.9 Option 2(b) was viewed as providing an efficient approach which removed duplication of effort.

6.10 Broad support was expressed for the establishment of a new, independent body in terms of providing a fresh start and a simple, efficient and impartial way of operating. 10 respondents argued against the establishment of a new, independent body to investigate cases currently investigated or reviewed by different forces. The main arguments were that this was an unnecessary expenditure at a time of austerity; other existing bodies (HMICS/PCCS) already have the skills to do this; and not enough consideration had been given to this - more examination of options and implications are needed.

6.11 A variety of more general concerns raised by respondents included:

• The consultation document does not adequately make the link between paragraph 3.20 and Section 5 regarding local council role in monitoring and scrutinising complaints.
• The expertise built up by elected members in handling constituent queries and concerns should not be lost.
• There is a need to incorporate human rights standards (e.g. promptness; competence; victim participation) into system for handling complaints.
• There is a need to be consistent with the proposals for a common complaints system across the wider public sector, currently being considered.

Question 10: What are your views on our proposals for Independent Custody Visiting?

Summary of proposals in the consultation document:

• The arrangements for independent custody visiting in Scotland will be placed on a statutory footing, ensuring custody visiting is fully compliant with the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT)^[8] in line with the rest of the UK.
• Duties will be placed on the new SPA including ensuring that independent custody visiting schemes are in place and comply with Scottish Government guidance.
• Legislation will set out relevant duties, obligations and arrangements in relation to the service provided.
• As at present, Custody visitors will be independent of the police service and criminal justice system.

6.12 67 respondents from the following respondent categories addressed this question.

Respondent category	Number of respondents	Respondent category	Number of respondents
Pol Force	5	LA	19
PB	6	Vol	2
Pol Org	10	CPP	2
FRS		NHS
FB		Oth	12
Fire Org		Individuals	11

Note: Abbreviations used in the above table are described in Table 1.

6.13 There was widespread agreement across respondent sectors with the proposals and in particular the plan to place the arrangements for independent custody visiting on a statutory footing. This was seen as an opportunity to establish consistency in provision not just across Scotland, but also to align with the rest of the UK.

6.14 Whilst most of those providing a view agreed with the proposal to place duties on the new SPA to ensure the schemes are in place and comply with guidance, a minority of respondents questioned how a nationally run scheme could be implemented locally. One local authority view was that the consultation had not made any strong case for the SPA to have responsibility for operating arrangements. Questions were raised over how the schemes will be resourced.

6.15 3 respondents urged that the profile of OPCAT is raised in order to facilitate compliance. A further 3 respondents argued for a full or part-time national administrator to be put in post to support the schemes. One respondent (Pol Org) called for local authorities to be given a role in reviewing reports on custody visiting as appropriate and for the visiting service to have equal access to cover court cells too as this would bring private companies under the same level of scrutiny.

6.16 Summary

• The proposals for inspection and audit were viewed by many of those responding to this question as sensible and building on current arrangements.
• The proposal that HMICS continues to be responsible for inspections of the Scottish Police Service was broadly welcomed.
• The balance of view was in favour of the creation of an independent body to investigate criminal allegations, serious incidents and reviews of investigations.
• Amongst those answering this question, there was widespread agreement across respondent sectors with the proposals for independent custody visiting and in particular the plan to place the arrangements on a statutory footing.