Report Summary
The Authority's Complaints Policy is in place to ensure that all relevant complaints are considered and addressed in an objective, proportionate, balanced, consistent, reasonable and timely manner. This approach is underpinned by the principles of necessity, fairness, procedural openness and transparency, while respecting individual confidentiality.
Application
This policy applies to all potential complainers, whether they are members of the public, current or former police officers and staff. It also applies to senior police officers of Police Scotland of the rank of Assistant Chief Constable or above, SPA staff or board members who are subject of a complaint. It does not apply to members of staff working within Police Scotland, under the direction and control of the Chief Constable. The following legislation and other sources are relevant to the handling of complaints received by the SPA:
- The Police, Public Order and Criminal Justice (Scotland) Act 2006 as amended
- Police and Fire Reform (Scotland) Act 2012
- Ethical Standards in Public Life etc. (Scotland) Act 2000
- The Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013
- The Police (Conduct) (Senior Officers) (Scotland) Regulations 1999
- The Police Service of Scotland (Senior Officers) (Performance) Regulations 2016
- Equality Act 2010
- PIRC Statutory Guidance on the handling of complaints about the police in Scotland
- SPA/ Police Scotland Code of Conduct
- Grievance, Police Officers and Authority/ Police Staff, Standard Operating Procedure (SOP)
- SPA Whistleblowing Guidance
- SPA Forensic Services Management of Non-Conforming Work (SOP)
- SPA Forensic Services Complaints and Negative Feedback
Where a complaint is made that should be considered under a different framework (for example, criminal allegations which must be referred to COPFS, whistleblowing legislation or reports which should be more appropriately considered under the SPA / Police Scotland grievance procedure) the complainer will be advised.
The SPA Complaint Handling Procedures provide details on the process that is followed once a complaint has been received by the SPA.
