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1. Structure
1.1 Some limited restructuring within the force has seen the introduction of a Professional Standards Department to replace the complaints and discipline department. The new Department continues to deal with complaints and misconduct cases but has taken on a more pro-active approach including inputs to training courses on complaint avoidance, greater focus in the role of supervisory officers and more specific audit activity. HMIC supports the intention and thrust of the new Department. It is too early to evaluate the impact but progress will be examined at the review inspection. HMIC noted that the departmental strategy document is in place, which highlights their role and identifies the specific areas of interest.
1.2 The new Department is headed by a superintendent with a staff of three inspectors and one office administrator who is a member of support staff. Although the department would normally have two inspectors the additional inspector is attached for developmental experience. Attachments of this type not only provides investigative experience for the individuals concerned but, particularly within smaller forces, provides welcome support to deal with demands.
2. Computer System
2.1 A complaint computer package within the Department provides a full range of management information and statistics. Purchased from Lincolnshire Police in 1997 it has a number of features including:
2.2 The system provides an enhanced level of management information in this important area. Purchase and maintenance costs are seen as good value for the benefits gained.
3. Recording/Investigation
3.1 HMIC has some concerns with the complaints made directly to divisions. Under current arrangements the divisional commander has 7 days to complete the initial report, which includes taking a statement from the complainer, before notifying the Professional Standards Department. The first notice the department receives of a complaint is normally the arrival of a completed package. This process applies even when there is no doubt that an official complaint is being made, for example when a solicitor makes contact with a division on behalf of a client. Such practice could leave the Professional Standards Department, and possibly the Deputy Chief Constable, unaware of a potentially serious complaint. Additionally if the matter is resolved or conciliated at divisional level then no record is ever made at the Department. Although a close relationship exists between divisional commanders and the Professional Standards Department the potential for under-recording of complaints exists.
3.2 A key principle in complaint investigation is the appointment of an independent investigating officer from outside the division of the officer complaint against. The present divisional practice of a local inspector taking a statement from the complainer whom is often an accused person has a risk for the independence of the process. HMIC accepts the Force observation that the present arrangements of complaints received by divisions being dealt with locally in the initial stages has not created a problem. However HMIC suggests the force consider the principle of avoiding local inspectors having any role in taking formal statements in local complaints and re-visit the procedure for central recording of complaints.
3.3 Most complaints are dealt with by staff from the Professional Standards Department. One of the inspectors is a former detective officer and with the departmental commander deals with serious criminal allegations. However the force also have a policy of allocating complaint investigations to newly promoted inspectors which assist in developing their expertise and gives them a greater understanding of the complaint system.
3.4 The Department has a 40-day reporting target to the Regional Procurator Fiscal and during the inspection examination of files confirmed that on most occasions this was met with suitable explanation offered when delays were occasioned. HMIC suggests that the timescale set by the force be used as one of the performance measures for the Department. The force have a good working relationship with the Regional Procurator Fiscal and senior staff meet him on a quarterly basis with colleagues from Central Scotland Police, Fife Constabulary and British Transport Police to discuss emerging issues. HMIC also noted that very good relations exist with the Staff Associations particularly the Federation and regular meetings take place to discuss issues.
3.5 Current practice in the investigation of complaints sees the Investigating Officer include an antecedent section within the complaint file, which gives the marital status, number of children and occupier status of the officer, complained against. HMIC queries the routine relevance in complaint cases and suggests the force should reconsider the requirement for inclusion of such matters. It might simply be the product of historical practice, which is no longer appropriate.
4. Administration
4.1 The Department operates a four colour coded recording and filing system which defines complaints within relevant categories i.e. complaint for investigation, off-duty criminal allegation against police officer, miscellaneous file and discipline cases. HMIC notes this simple approach as good practice.
4.2 One file sampled indicated that the relevant charge bar video evidence had been lost when the tape was reused prematurely. Although satisfied that the force investigated this incident as a serious matter HMIC suggests that further consideration be given to providing a more secure system to prevent loss of CCTV video evidence. CCTV is expensive but the cost is justified by the protection afforded to the public and police officers, including the avoidance of complaints. (See also Chapter 5, paragraph 11.2.)
5. Civil Cases
5.1 Civil litigation is handled by the Department, who maintain a record of all claims before sending them to the force solicitor employed by and based at Dundee City Council. HMIC considers civil actions are taking too long to reach conclusions with much of the delay arising in the legal and insurance operations. The force should 'contract' for a speedier service, perhaps by way of a service level agreement, to ensure a more responsive approach to the public. The Force Executive should be updated on cases regularly by the Professional Standards Department as part of the routine corporate management information process.
6. Police Board
6.1 The Tayside Joint Police Board has a role in monitoring police complaints and have appointed a Complaints Sub-Committee. The Board receives statistical information prior to meetings that includes a short resume of all cases closed since the previous meeting. However the Sub-Committee have limited access to actual complaints' files. In practice 2 files are examined which are chosen by the force and prepared for the sub committee in advance by removal of all names. HMIC was apprised of this practice during the meeting with the Convenor and Vice Convenors of the board prior to the formal inspection and all expressed satisfaction with the process. However HMIC considers a greater degree of openness would be appropriate for enhanced accountability and recommends that the current system be discussed with a view to allowing Sub-Committee members unrestricted examination of complaints files within the Department (subject to the protection needed for on-going enquiries).
| Recommendation 8
HMIC recommends that the current system be discussed with a view to allowing Sub-Committee members unrestricted examination of complaints files within the Department (subject to the protection needed for on-going enquiries). |
6.2 Appendix D contains appropriate statistical data about complaints.
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