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The persistent and the malicious
8.1 All police forces, and most public bodies, have their "regular customers" for whom the complaints process is a long standing and familiar means of progressing a dialogue with the organisation. That is not to say that persistent complainers are always wrong or that they should not have the same rights of redress as other citizens. They are however an issue which needs to be managed within a fair and recognised process. In policing there is a particular category of complainer who causes difficulty and arouses feeling, namely the criminal who seeks to use the complaints system to pursue revenge or to divert investigative interest.
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Case Study No. 13 False Complaint A man was arrested and charged with serious assault. He made no complaint against the police at the time of arrest or immediately after. Six months later he submitted a complaint, through a solicitor, alleging he had been physically assaulted and verbally abused by the officers who arrested him. The allegation was referred to the regional procurator fiscal who instructed that further enquiries be made. The investigation uncovered evidence that the allegation was false. The case was considered by the Crown who directed summary proceedings be initiated against the complainer for making false allegations and wasting police time. The man was subsequently convicted at the Sheriff Court and fined £2,000. |
8.2 This category of individual is a matter for the Crown and the fiscal service, although HMIC has noted the strong feelings expressed by police officers who see themselves as victims of such people, and a widely held belief that the Crown should be more robust in respect of maliciously motivated complaints. HMIC found Crown representatives to be well acquainted with these views, and firm in their position that proceedings would be taken against any malicious complainer against whom there was a sufficiency of evidence. It appears to HMIC that established liaison forums between the police service and the Crown offer a channel for constructive debate on this issue and HMIC does not see the need at this stage to take the matter further other than to record the strength of feeling exhibited by many police officers on this issue.
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Case Study No. 14 Persistent Complainer Over a period of 20 years "A" has pursued a series of complaints against the local force, the chief constable, the deputy chief constable, the Crown agent, the sheriff clerk, the procurator fiscal and local solicitors. The allegations include corruption, theft, threats, vandalism, tampering with evidence and verbal abuse. The person writes extensively to the press, members of parliament and other public figures. The police complaints file contains 450 separate letters, reports and memoranda. Examination of the files by the Lay Inspector of Constabulary has found no evidence of wrongdoing by police officers. |
8.3 The procedures in respect of those complainers who are persistent without conspicuous falsehood or malice may however benefit from review. HMIC will not venture into speculation as to the motives or disposition of people who fall into this category other than to note that they are a permanent feature of every free society. An appropriate process for addressing their complaints would be one which preserves individual rights but prevents their activities consuming an unacceptable level of investigative resources. Where the allegations are of a criminal nature it is of course for the Crown to determine where to draw the line. Where misconduct is alleged forces have developed local procedures but HMIC considers that more national consistency is called for.
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"The whole system is so open to abuse by criminals and lawyers...a complaint is just the last card in the pack for them to play. There is no recourse against people who make malicious complaints, it just doesn't happen. That really gets to a lot of officers under investigation." Police Inspector |
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Case Study No.15 Persistent Complainer For about 15 years "B" has corresponded extensively in pursuit of complaints against the police, the fiscal service, the Crown and other public bodies. Allegations include conspiracy, corruption and the falsification of documents. His police complaints file contains 277 letters, reports and associated papers. No substance has been found in any of the allegations. |
8.4 In England and Wales police forces who believe that a complainer falls into this category can present a case to the Police Complaints Authority who can agree that some matters will not be investigated. A model for Scotland could follow similar lines with a force presenting a case history for independent assessment in order to seek approval to provide a restricted response in appropriate cases. HMIC has considered whether such an independent assessment could be undertaken by police authorities but on balance is more inclined to favour a role for HMIC. However it is felt that this is a subject which merits further discussion in which COSLA and the Scottish Executive may well have separate views to offer. Accordingly HMIC recommends that chief constables, the Scottish Executive and COSLA establish a fair and cost-effective policy for dealing with persistent complainers. Any such policy should be published.
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Recommendation 13 HMIC recommends that chief constables, the Scottish Executive and COSLA establish a fair and cost-effective policy for dealing with persistent complainers. Any such policy should be published. |
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