Complaints About the Police

Complaints and Conduct

Lothian and Borders Police aims to deliver the highest possible standards of policing while acting in a professional, caring and sensitive manner. Occasionally, this high standard of service may fall short of the expectations of the public and of Lothian and Borders Police itself.

The Complaints and Conduct Department co-ordinates the investigation of complaints about police officers, members of support staff of the force and quality of service matters. The Department acts on behalf of, and reports directly to, the Deputy Chief Constable, who has overall responsibility for disciplinary matters within the force.

Where concern exists about the conduct of officers and criminal conduct is suspected or alleged, the Deputy Chief Constable will report the matter to the Area Procurator Fiscal who will decide what further action is required. This means that the decision, and any subsequent action, is made and directed by someone completely independent of the police.

The Professional Standards Unit co-ordinates investigations into serious matters involving allegations of corruption or other criminal matters.

The Complaints and Conduct Department, including the Professional Standards Unit, is headed by a Superintendent and staffed by two Chief Inspectors, 5 Inspectors, 9 Sergeants, and 4 members of support staff based at Force Headquarters, 1 Fettes Avenue, Edinburgh, EH4 1RB.

This section of our website tells you how you can make a complaint and the process that will be undertaken by Lothian and Borders Police thereafter to investigate your allegation(s)

Should you wish to recognise the good work of an officer(s) or member(s) of police staff you may record your comments utilising the link here.

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Definition of a complaint

Introduction   

The Police, Public Order and Criminal Justice (Scotland) Act 2006 introduced on 1st April 2007, extended the definition of a complaint to incorporate both on and off-duty allegations and also includes all persons serving with the police (including police staff, special constables, volunteers etc)

Definition

The definition which comes under the heading of a ‘Complaint About Police Staff’ is as follows:

“A written expression of dissatisfaction about an act or omission- by a Police Authority, a Joint Police Board, a Police Force, the Authority (SPSA) the Agency (SCDEA) or by a person who at the time of the act or omission was a person serving with the police”.

This includes organisational or quality of service issues and also off-duty matters.

Complainer

Who can make a complaint?

• A member of the public who claims to be the person in relation to whom the act or omission took place.
• A member of the public not falling within the above category, who claims to have been adversely affected by the act or omission.
• A person acting on behalf of a person falling within the above, e.g. solicitor, parent of child.
• A member of the public who claims to have witnessed the act or omission.

Making a complaint

If you think that a police officer(s) or member(s) of police staff has behaved incorrectly you have the right to make a complaint. You need to consider what it is you are concerned about. For example has the officer(s) or member(s) of staff been uncivil towards you, have you been assaulted, was excessive force used?

You should make the complaint as soon as you can so that the Investigating Officers are given the best opportunity to secure all of the available evidence.

If you decide that you want to register a complaint you can do so by the following means;

• You may call personally into any police station and ask to speak to the senior officer on duty. This is normally the duty inspector however if an inspector is not available ask to speak to the duty sergeant.
• Write to the Deputy Chief Constable at Lothian and Borders Police, Headquarters, 1 Fettes Avenue, Edinburgh, EH4 1RB.
• By E-mail to complaints.conduct@lbp.pnn.police.uk
• On line using the form attached to this site.
• Contact your solicitor, Member of Parliament, Member of Scottish Parliament or your local councillor.
• Contact or visit your local Citizens Advice Bureau.
• Contact or visit the Scottish Commission for Racial Equality.
• Contact the Complaints and Conduct Department on 0131 311 3377. This office is staffed between 0800 hours and 1600 hours, Monday to Friday. Outwith those times a telephone answering machine will record your message and an officer will contact you during the next working day. Although your complaint cannot be taken over the telephone advice will be available to you so that you can consider your position.
• If you prefer to be represented by another person, community group or other organisation that is acceptable and will not prevent you from making a complaint providing it is clear that you have given your authority for that person, group or organisation to act on your behalf. However, to progress your complaint we will need to take a statement from you personally but you can be represented at that meeting if you wish.

Malicious Complaints

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

The role of the Crown Office and Procurator Fiscal Service

The Crown Office and Procurator Fiscal Service are quite separate from the police. You can get a copy of the Crown Office leaflet, 'Complaints against the Police - the Role of the Area Procurator Fiscal' from any Procurator Fiscal's office.

Where your complaint involves an allegation that an on duty member of a police force has committed a crime, the Area Procurator Fiscal will deal with this.

After considering the Investigating Officer's report and any other information, the Area Procurator Fiscal will decide if criminal proceedings are appropriate. Consideration will then be given to whether there are any conduct issues arising from the complaint made. You will be told about this decision.

Criminal proceedings against members of a police force are dealt with in the same way as any other prosecution.

What information should you provide

• What happened? Describe the incident in as much detail as you can and be specific about what it is that you are concerned about.
• When did it happen? The time and date of the incident is important.
• Where did it happen? The exact location of where the incident occurred is important.
• Who are the officer(s) or member(s) of staff you have concerns about?
• Do you know of any witnesses? If so, provide contact details.
• Indicate if evidence of injury or damage to property is available to support your concerns.

How will my complaint be investigated?

The Deputy Chief Constable will appoint a senior officer of at least Inspector rank. That officer, generally, will interview you and note your statement, which you will be asked to sign. He/she will also interview any witness(s) and secure evidence that supports your allegation. Where the conduct of an officer(s) or member(s) of police staff is of a criminal nature the Area Procurator Fiscal will direct this process and a report will be submitted to him/her for their decision. This is entirely independent of the police and the Area Procurator Fiscal will normally give you any decision reached in writing.

Where the matter of concern is related to the conduct of officer(s) the Investigating Officer will report the findings to the Deputy Chief Constable who has a range of options open to him under the terms of the Police (Conduct) (Scotland) Regulations 1996. This may mean the officer(s) is made aware of your concerns and could be counselled, warned or instructed to attend at a Misconduct Hearing. A Misconduct Hearing sits with a senior officer and two assessors who have no connection with the subject officer(s). Dependant on the outcome of the hearing the officer(s) can be counselled, warned, fined, reduced in rank or dismissed if a finding of guilt is reached. Of course if the Chairperson decides the allegation is not substantiated that concludes the investigation.

Similar arrangements are available to deal with allegations in respect of members of police staff.

Whatever the outcome you will receive a letter from the Deputy Chief Constable outlining the decision and how that decision was reached.

Conciliation process

Many such complaints are "conciliated". This is a recognised process by which a complainer's concerns are addressed without the use of legal procedures, usually by discussion and explanation. Once a full and frank discussion has taken place and you are content that the matter has been conciliated you will normally be asked to sign the Investigating Officer's notebook acknowledging that you consider the matter closed.

Are my complaints monitored independently?

Any investigations undertaken by the Complaints and Conduct Department or the Professional Standards Unit may be scrutinised by members of the Joint Police Board who form the Police Complaints Sub-Committee. On a quarterly basis the committee can select and examine cases at random to ensure enquiries have been conducted on time and with impartiality and professionalism. In addition to this the Police Complaints Commissioner for Scotland provides oversight and review of complaints about the police and reviews cases where complainers remain dissatisfied with the complaint investigation.

What if I am not satisfied with the outcome of an investigation?

If you remain dissatisfied at the conclusion of the complaint process the Police Complaint Commissioner for Scotland is the appropriate organisation to contact to request that your complaint is reviewed. They 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

Complaints process - Race Relations (Amendment) Act 2000

A member of the public can make a complaint regarding alleged racial discrimination through the Commission for Racial Equality in Scotland who may submit a document (RR 65 Questionnaire) to the Chief Constable seeking information about the alleged incident. The questionnaire can ask questions designed to obtain information that assists a complainant to decide whether to seek redress through the civil courts. Cost or expenses awarded as a result of such a claim may require to be paid by the police authority. The Area Procurator Fiscal will be notified where criminal conduct is alleged and his/her instructions sought as to the extent of enquiry deemed to be necessary.

See the Commission for Racial Equality in Scotland web site, www.cre.gov.uk/scotland for further details.

Useful links

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Advice and guidance relating to complaints about the police can also be gained by following websites: 

Lothian and Borders Police Board

Scottish Government – Complaints About the Police leaflet

Equality and Human Right Commission (successor of the Commission for Racial Equality)