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Quality of Service
A review of the investigation of complaints against the police in Scotland
EXECUTIVE SUMMARY
HMIC has carried out a review of progress made by the Scottish police service and other stakeholders in addressing recommendations and suggestions made in "A Fair Cop?" (HMIC 2000) which reported on the handling of complaints against the police in Scotland in light of recommendations arising from the report into the death of Stephen Lawrence. The review was carried out against a backdrop of the Scottish Executive's commitment to establish an independent police complaints body within the lifetime of this Parliament.
"A Fair Cop?" highlighted that the overwhelming majority of complaints against police officers were investigated with thoroughness, impartiality and integrity but made recommendations to improve, among other things, public awareness of complaints procedures, the ease with which complaints can be registered, the structured response to quality of service complaints and the responsiveness of the process. HMIC has found that the service has, generally, responded well to the recommendations and, in Part I of the Report, it reflects on progress made, highlighting elements of good practice. Further recommendations are made and areas which require further attention are identified to build on work already carried out and, in particular, to encourage a structured sharing of information between forces to enhance consistency in the application of misconduct regulations. Based on the evidence of this review, the public can be reassured that considerable effort is expended by the Scottish police service in ensuring a robust examination of allegations of criminality and misconduct.
However, HMIC, based on its experience of the police complaints process, particularly in relation to its statutory authority to examine complaints referred to it by members of the public who are dissatisfied with the manner in which forces deal with complaints, goes on, in Part II, to consider the adequacy of the existing complaints framework. It does so in the context of lingering perceptions of unfairness among members of public who make a complaint and officers or members of staff who are the subject of the complaint and the widespread use of complaints across the public and private sectors to identify learning outcomes and contribute to continuous improvement.
HMIC identifies a broad spectrum of issues ranging in importance from serious corruption to minor misconduct, such as incivility, all of which must be considered within a complaints framework. The spectrum should also, however, include quality of service issues which, while they are currently responded to, are not recognised within the existing discipline or misconduct complaints framework established by forces.
Having due regard to the special position of police officers, HMIC is convinced that the complaints framework requires further development if forces are to maximise the learning opportunities which arise from all types of complaints.
It encourages movement away from a "one size fits all" approach to a framework which continues to allow for thorough investigation of criminality and serious misconduct matters but also provides increased scope for a quick and effective response to minor complaints with consideration being given to the development of mediation techniques. On the one hand, HMIC presents the case for enhanced professionalism in dealing with serious cases while, on the other, it suggests that minor complaints, even those inferring misconduct, can be dealt with, following informed assessment, without recourse to misconduct procedures.
HMIC recognises that this might best be addressed within forces by outward facing "customer service" arrangements and structures.
HMIC's report is not prescriptive but it recognises that, if this new philosophy is to be applied, there is a need to review current legislation. It also highlights the need for a review of rules and regulations in respect of senior officers, special constables, cadets and Police Appeal Tribunals and identifies the need for work to commence in this regard under the direction of the Scottish Executive in early course.
The following recommendations are made within the report:
Recommendations arising from the Review Inspection
RECOMMENDATION 1: HMIC recommends that ACPOS, in consultation with COPFS, develops a mechanism to allow complainers who have a specific criminal complaint to make to be able to register this directly with the procurator fiscal ( paragraph 1.17). RECOMMENDATION 2: HMIC recommends that ACPOS enters into discussions with COPFS and the Scottish Executive with a view to publication of a suitable police complaints leaflet ( paragraph 1.28). RECOMMENDATION 3: HMIC recommends that ACPOS creates and maintains a national database of all allegations and disposals from misconduct hearings ( paragraph 1.32). RECOMMENDATION 4: HMIC recommends that forces benchmark their suspension policies to ensure that all policies are consistent in content ( paragraph 1.35). RECOMMENDATION 5: HMIC recommends that ACPOS engages with its partners in the Scottish Criminal Justice system, including COPFS and the Scottish Court Service, to discuss the merits and practicalities of fast tracking criminal cases involving police staff ( paragraph 1.41). RECOMMENDATION 6: HMIC recommends that a national evaluation of lay visitor schemes should be carried out by the Scottish Executive in consultation with police authorities ( paragraph 1.79). |
Recommendations arising from Part II - "The Way Ahead"
RECOMMENDATION 7: HMIC recommends, in line with the philosophy of the similar recommendation as detailed in "A Fair Cop?", that ACPOS agrees and publishes guidelines to deal with quality of service complaints that do not fall within the statutory definition set out in the regulations. The guidelines should encompass counting rules, enquiry procedures and the rights of complainers ( paragraph 4.6). RECOMMENDATION 8: HMIC recommends that ACPOS, assisted by the Scottish Executive, pilots the use of restorative justice techniques within the police complaints process in a Scottish force. If successful, consideration should be given by all forces to adopting such an approach as part of the police complaints system ( paragraph 4.16). RECOMMENDATION 9: HMIC recommends that all complaints Investigating Officers should be full time in the role as members of Complaints and Professional Standards departments ( paragraph 4.20). RECOMMENDATION 10: HMIC recommends that ACPOS enters into discussions with COPFS to seek agreement on a memorandum of understanding around the respective roles of the DCC and APF and the interface between them, to enhance informed decision making by both parties in proceedings with criminal and misconduct allegations ( paragraph 4.28). RECOMMENDATION 11: HMIC recommends that ACPOS enters into discussions with the Scottish Executive to consider appropriate statutory provision to safeguard the confidentiality of the Investigating Officer's report ( paragraph 4.31). RECOMMENDATION 12: HMIC recommends that all Investigating Officers' reports to the APF should contain both the complainer's previous convictions and the subject officer(s) complaints history ( paragraph 4.32). RECOMMENDATION 13: HMIC recommends that all forces should be supported by a dedicated professional standards unit, capable of conducting robust proactive investigation ( paragraph 4.34). RECOMMENDATION 14: HMIC recommends that forces put in place new arrangements to manage the wide range of complaints received ( paragraph 4.37). RECOMMENDATION 15: HMIC recommends that the current role of assessors who may assist the chair should be amended to become part of a three person adjudicating panel ( paragraph 5.10). RECOMMENDATION 16: HMIC recommends that the current raft of rules and regulations be reviewed to take account of and address the issues that have been highlighted in both this report and its predecessor, as well as proposals for an independent police complaints body. HMIC envisages a coherent set of rules and regulations, accompanied by detailed guidance, affecting all police officers from cadet to chief constable. To formulate such a body of legislation and guidance, HMIC recommends the early establishment, by the Scottish Executive, of a working party of practitioners ( paragraph 5.35). |
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