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The investigation of complaints against the police in Scotland

12. Information and Statistics

For record purposes only - the official statistics

12.1 HMIC makes no pretence that police complaints statistics are reliable indicators of performance. They are unreliable in a number of ways. Firstly, because recording practices vary across the country, benchmarking between forces is difficult. In addition, there is the question raised from Part 1 Paragraphs 3.1 to 3.9 above as to what constitutes a complaint in the first instance and the practice in some forces of not maintaining a statistical record of conciliated complaints. There are many occasions where a member of the public makes a complaint in the normal sense of the word yet that complaint will never feature in any set of official statistics. This is not necessarily because forces are trying to minimise or conceal complaints but simply because that sort of complaint is not in the technical sense a "complaint against the police" in terms of the regulations. The matter may or may not be recorded elsewhere under the various headings of "miscellaneous complaint," "informal complaint" or "service delivery issue."

12.2 HMIC is keen to see this situation addressed. It is believed that any citizen making a complaint should be entitled to have that complaint recorded and dealt with in an appropriate manner. Whether the "appropriate" resolution is an explanation of police procedures or a police officer being reported to the procurator fiscal for an alleged crime, there should be a system whereby all complaints are recorded as having been made. Accountability is not the only reason. There are many lessons for any organisation to learn from complaints made by people who come into contact with its staff. Complaints should be viewed pro-actively and recognised as a part of the continuous improvement process which should be in place in every police force. At the moment however the only complaints statistics available are those which have been gathered under the sometimes quite different counting rules operating within the service. It is within that context therefore that the following discussion of statistics takes place.

12.3 A computerised database of statistics on police forces in Scotland (Matrix of Indicators) is held and maintained by HMIC. It provides a wide range of performance indicators including statistics relating to complaints against the police. The source of this information is the Annual Statistical Return provided by each police force to HMIC at the end of each financial year. Complaints statistics for each police force are published in the respective chief constable's annual report and statistics for each force are published in a comparative table including national totals, in the annual report of HM Chief Inspector of Constabulary for Scotland. Figure 4 below illustrates that the figures have remained relatively constant in recent years. The trend does however reveal a significant rise in 1993 gradually reducing over the next 2 years to an average very similar to that experienced in the early 1990s.

"Only a small number of the disciplinary measures I take appear in any official statistics. There are a number of management tools which I can use to address problems with behaviour. I prefer to deal with things informally by influencing career paths, moving to other duties, or by giving advice of a kind which is not quickly forgotten."

Divisional Commander

 

Figure 4

Complaint Allegations Disposed of in Scotland 1991 - 1998/99

Figure 4

12.4 The ratio of complaint allegations disposed per 100 officers in 1999 was 14.4. This is once again very similar to the 1991 figure (13.7) with the Scottish average remaining relatively constant in recent years. The situation across forces does however demonstrate a fluctuating trend as shown on Figure 5 below.

Figure 5

Complaint Allegations Disposed Per 100 Officers

Figure 5

12.5 The ratio of complaint allegations disposed per 100,000 population in 1998/1999 was 41.8, slightly up on the 37.1 figure of 1991. The Scottish average remains once again relatively constant from 1996/97 with individual forces demonstrating a fluctuating trend as shown in Figure 6 below. However, given HMICs earlier comments on the inconsistencies in the way different forces gather statistics the reader would be unwise to draw any significant conclusions from statistical comparisons between forces.

Figure 6

Complaint Allegations Per 100,000 population

Figure 6

12.6 The category of allegations disposed of in 1998/99 is demonstrated in Figure 7 below. Allegations of assault account for almost 40% of the total, very similar to the 1991 figure. Irregularity in procedure (13.8%), Incivility (11.9%), Neglect of duty (10.3%) and Oppressive conduct or harassment (10.1%) collectively account for 46% of the total with the remaining 14% spread across the other categories. Of the total figure 1,026 (48%) involved allegations inferring criminal conduct and these were all referred to the regional procurator fiscal.

Figure 7

Complaint Allegations Disposed Of In Scotland 1998/99

Figure 7

12.7 The outcome of complaints is equally important in the context of this inspection. The manner in which complaints were disposed over the last 4 years is shown at Figure 8.

Figure 8

Disposal Analysis Of Complaint Allegations Scotland 1995/96 - 1998/99

Figure 8

12.8 Since August 1996, following provision in the Police and Magistrates' Court Act 1994, a person not satisfied with the way in which their complaint was dealt with by a force can write formally to HMIC. Figure 9 below illustrates that there has been a tendency for a slight increase year on year but the numbers are relatively small and are not necessarily indicative of an increase in dissatisfaction with the way forces deal with complaints.

Figure 9

Complaints Referred To HMIC

Figure 9

 

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