Frequently Asked Questions

Investigating a Complaint

• Initial Stage
  
  On receipt of a written complaint a supervisory officer from your local area will normally visit or telephone to explain the complaints procedure and to give you the opportunity to discuss your complaint.
  
  Where appropriate, the officer will try to explain why a certain course of action was taken if it appears to him/her that the action taken by the member of staff concerned was reasonable in the circumstances. Experience has shown that many people are unaware of the extent of police functions and responsibilities or of the reasons why certain actions are necessary. Frequently an explanation from a supervisory officer is enough to satisfactorily conclude the complaint.
  
  If you are satisfied with the explanation given, your complaint will be concluded at that point. You may be asked to sign a notebook or document confirming that you are happy for this to happen. A record will be maintained of what has taken place and you will receive written notification of the outcome determined.
  
  If you are dissatisfied after any explanation has been offered to you the officer may note a statement from you and ask you to sign it. This statement will inform the basis of any further investigation in relation to your complaint.
  
  Any allegation that infers criminal conduct on the part of any member of Tayside Police staff can not be resolved by explanation and must be reported to the Area Procurator Fiscal for his consideration. Complaints involving possible criminal activity will be reported to the Area Procurator Fiscal (APF) within 14 days of the complaint being made. If the APF deems that a criminal investigation is necessary, then the processes described in the section Criminal Conduct will take place.
  
  Where matters are not concluded locally, or if there is reasonable inference of criminal conduct in the action of the members(s) of the Force, the complaint will be reported to the Professional Standards Department

How will my complaint be dealt with?

• The person dealing with your complaint will talk to you, any witnesses or other persons who have relevant information about the complaint, and any member(s) of staff you have complained about.
  
  The person dealing with your complaint will then report to a more senior officer with overall responsibility for the type of complaint concerned. In most cases this will be a senior officer responsible for policing in the area where the complaint has arisen. They have authority to conclude complaints appropriately and proportionately.
  
  For more serious complaints alleging misconduct this may be the Head of Professional Standards who reports directly to the Deputy Chief Constable who can:
  
  
  • Decide, after considering the investigating officer's report, that no formal action is needed and that the matter has been concluded by explanation to you
  • Require further investigation
  • Deal with any relevant member(s) of the Force under the appropriate misconduct or disciplinary procedures
  • Refer the case to the Area Procurator Fiscal if it appears that any officer may have broken the law

Who will deal with my complaint?

• If matters are not concluded as described above, your complaint may be considered by a senior member of the police force concerned. In cases of alleged misconduct, an investigation will be conducted by a senior police officer unconnected with your case.
  
  The Investigating Officer appointed by the Deputy Chief Constable (DCC) to investigate your complaint will report the findings to the DCC who has a range of options open to him under the terms of the Police (Conduct) (Scotland) Regulations 1996.

What are the possible outcomes of my compliant?

• The officer may be made aware of your concerns and can be counselled, warned, given corrective advice or instructed to attend at a Misconduct Hearing. A Misconduct Hearing is chaired by a senior officer of the rank of Chief Superintendent who is unconnected with the officer subject of the complaint.
  
  Dependent on the outcome of the Misconduct Hearing the officer can be counselled, warned, fined, reduced in rank, required to resign or dismissed if a finding of guilt is reached.
  
  If the chairperson decides the allegation is not substantiated that concludes the investigation.
  
  Similar arrangements are in place to deal with allegations of misconduct in respect of members of police staff.
  
  You will be advised in writing as to the outcome. The letter will explain the conclusions the Force has reached, the reasoning behind those conclusions and any action taken.

Learning Outcomes

• Following the conclusion of an investigation into a complaint made about an on-duty member of Tayside Police there may be learning points arising for the Force or the individual member(s) of staff complained about.
  
  Learning points will be brought to the attention of local or Departmental management by the Investigating Officer in charge of the investigation and/or the Head of Professional Standards Department which may result in individual members of staff receiving advice, training or development to address the areas which have given rise to the complaint or the Force changing its policy and procedures in relation to certain matters.

Criminal Conduct

• On Duty
  
  If your complaint alleges ON DUTY criminal conduct on the part of an officer as previously outlined the circumstances must be reported to the Area Procurator Fiscal who may instruct that further enquiry be carried out by the police. This means that the decision, and any subsequent action, is made and directed by someone completely independent of the police.
  
  The investigation will normally be undertaken by an Investigating Officer from Professional Standards Department. The Force aims to submit a full report outlining all the evidence available to the APF within 10 weeks, however more complex enquiries may take considerably longer.
  
  The decision on whether or not the officer will be prosecuted rests entirely with the Crown Office and Procurator Fiscal Service.
  
  If the Area Procurator Fiscal decides that the complaint does not reasonably infer criminal conduct on the part of the officer, he will refer it back to the Force. The Deputy Chief Constable will then consider whether or not the circumstances infer misconduct on the part of the officer and if so, institute formal misconduct proceedings against the officer or deal with the matter by other means.
  
  If the APF decides to instigate criminal proceedings, these will normally be concluded before any misconduct proceedings are considered.
  
  At various stages of the procedure, the Force will contact the person who lodged the complaint updating them on how the case is progressing. The person will also be informed if the Force has taken disciplinary action or does not consider disciplinary action to be required.
  
  Off Duty
  
  Where the concern raised includes an allegation of criminal conduct suspected or alleged to have been committed by a member of staff who was OFF DUTY at the relevant time, the matter will be recorded and formally investigated as any other crime involving a member of the public. At the conclusion of the investigation if there is sufficient evidence the matter will be reported to the appropriate District Procurator Fiscal who will decide what, if any, further action is required. Again, this means that the decision, and any subsequent action, is made and directed by someone completely independent of the police.
  
  If the District Procurator Fiscal decides that the evidence does not reasonably infer criminal conduct on the part of the member of staff, the Deputy Chief Constable will review the circumstances as to whether or not the circumstances would have a significant impact on the persons role within the Police service and has the option to consider misconduct proceedings against the member of staff or deal with the matter by other means.

Malicious Complaints

• Anyone who knowingly makes a false complaint about a member of a police force or police organisation may be prosecuted by the Procurator Fiscal (and may be liable to civil action by the person complained about).

How long will it take to deal with my complaint?

• Every complaint is different and some will take longer to investigate and resolve than others, however, for non criminal complaints:
  
  
  • We aim to resolve or progress minor complaints within 14 days of receiving your complaint
  • We aim to provide you with updates every 28 days or as and when we have something to tell you
  • We aim to complete your complaint enquiry within 56 days

On completion of your complaint enquiry, you will receive a letter outlining the findings and result of the enquiry.

In relation to criminal complaints

• We aim to report the circumstances to the Area Procurator Fiscal (APF) within 14 days
• We aim to submit a further report if directed by the APF within 10 weeks of that request
• We aim to submit a report for the consideration of the Deputy Chief Constable (DCC) within 56 days after the conclusion of criminal proceedings. A final letter outlining the result of a criminal complaint will only be sent to you once the criminal process has concluded and any intended misconduct or disciplinary course of action has been decided.

If you are still unhappy

• If the person who lodged the complaint is not satisfied as to the outcome of the investigation undertaken by the police into their complaint they may refer the matter to the Police Complaints Commissioner for Scotland (PCCS) and request that they conduct a Complaint Handling Review of the manner in which the complaint was dealt with by the Force.
  
  The PCCS can be contacted at :
  
  Police Complaints Commissioner for Scotland
  Hamilton House
  Hamilton Business Park
  Caird Park
  Hamilton
  ML3 0QA
  
  Freephone 0808 178 5577
  Email enquiries@pcc-scotland.org
  Fax 01698 542 901
  www.pcc-scotland.org
  
  The PCCS cannot undertake a Complaint Handling Review of complaints where criminal conduct has been alleged or where the Force has not concluded their enquiries into the complaint.
  
  You can find out more about the role of the PCCS by downloading their leaflet, "A Guide for the public on the role of the PCCS"