Complaints, investigations and misconduct in policing: implementation of recommendations - thematic progress report - December 2021

Second thematic progress report following publication of Dame Eish Angiolini’s final report setting out implementation progress with details of the status and lead responsibility for each recommendation.


Theme 8: Efficiency and Effectiveness

The recommendations under this theme are owned by a variety of partners and can largely be implemented without the need to make legislation. Partners are therefore making good progress in developing and implementing these within their own organisations.

Police Scotland's revised operating model for complaint handling

As noted in the last thematic progress report, the new revised Frontline resolution (FLR) process was commenced on 3 May 2021 at the same time the revised Police Scotland Complaint Handling Model commenced. Progress has since been made on revising FLR guidance and support documents to provide clarity on how the process fits into the complaint handling model. The revision of FLR in conjunction with the new complaint handling process includes the creation of the National Complaint and Resolution Unit (NCARU) which facilitates the requirement for all FLR to be dealt with by Police Scotland's Professional Standards Department (PSD). Recommendation 9 has therefore now been fully implemented and is noted in the below table as complete.

Mental Health

In relation to mental health, progress continues to be made on Recommendation 72 as the Scottish Government is working with partners through the Redesign of Urgent Care Programme to improve referral pathways, assessment and support for those presenting with mental health unscheduled care needs. This work has been complemented by the Navigator programme which is funded by the Scottish Government and NHSScotland and delivered through Medics Against Violence. This programme is delivered in several hospitals across Scotland and seeks to improve outcomes for those presenting with complex social issues by making sure those individuals are able to access support and services. The Navigator programme is based on intervening with vulnerable individuals when they are at a particular low point within a hospital Emergency Department.

Body Worn Video

Progress continues to be made on Preliminary Report Recommendation 11 with completion of the rollout of Body Worn Video (BWV) to armed officers for the COP 26 conference.

A document set including Standard Operating Procedure and Code of Practice have also been compiled and published on the Police Scotland intranet pages in line with the recommendations of the Justice Sub-Committee on Policing on the use of remote piloted aircraft systems and body worn video cameras.

Further public engagement activity and focus groups is currently being carried out involving interviews with a cross section of society from all age groups, people with disabilities, minority ethnic groups and representatives from communities across Scotland to inform the development of a national code of practice for the future use of body cameras by Police Scotland.

The BWV Project Team has carried out initial work in respect of roles which could be considered for body worn cameras and the associated costs for a national rollout. The full costs will be developed as part of the standard business case process, inclusive of a full tender exercise.

An Independent Advisory Group (IAG) on Emerging Technologies, chaired by Dr Liz Aston, is due to report its findings to Ministers next year and is exploring legal and ethical issues associated with the use of technologies in operational policing, including body-worn video. In the meantime, the IAG continues to use Body Worn Video technology as a live case study in their ongoing work.

Vexatious Complaints

Legislation will be required to fully implement Preliminary Report Recommendation 13. As set out in the table below, discussions with operational partners, staff associations and other jurisdictions are taking place on the detail of this recommendation and further additional discussions are planned ahead of full public consultation in 2022. However, alongside this, partners have been working collaboratively to align their management of vexatious complaints procedures. One milestone to note is that the SPA completed a review in August 2021 of their policy via the National Complaints Handling Development Group and this was approved for publication by the Authority's Complaints and Conduct Committee.

Further updates

Details on progress against other recommendations under this theme are set out in the table below:

Theme 8: Efficiency and Effectiveness

Progress Overview for the period 1 May to 30 September 2021

Recommendations

Lead

Current Position

9

All frontline resolution should be carried out by Professional Standards Department

Police Scotland

Complete

New revised Frontline resolution (FLR) process commenced on 3rd May 2021, in order to broaden the opportunities where FLR can be used. FLR has been revised in conjunction with the new complaint handling process, including the creation of the National Complaint and Resolution Unit (NCARU) which facilitates the requirement for all FLR to be dealt with by Professional Standards department.

68

Strategic Oversight Group or National Complaint Handling Development Group to engage with the SPSO

Scottish Government

In progress

Operational partners continue to engage with the Scottish Public Services Ombudsman (SPSO) as part of overall work to take forward a number of recommendations. Furthermore, the Scottish Government plans to engage with SPSO on recommendations likely to require legislation as part of the additional discussions with wider stakeholders planned ahead of full public consultation in 2022.

72

NHS accident and emergency facilities designed to be able to deal safely with mental health care and acute crises

Scottish Government

In progress

The Scottish Government is working with partners through the Redesign of Urgent Care Programme to improve referral pathways, assessment and support for those presenting with mental health unscheduled care needs.

PR11

Police Scotland to accelerate plans to expand use of Body Worn Video

Police Scotland

In progress

Police Scotland has completed the rollout of Body Worn Video (BWV) to armed policing officers for the COP 26 conference.

Initial work to assess high level costs has also been carried out and will feed into wider planning, discussions and the development of a business case to inform the extent of any future rollout.

The Independent Advisory Group (IAG) on New and Emerging Technologies in Policing, continues to use Body Worn Video technology as a live case study in their ongoing work. The IAG is due to report to Ministers next year.

PR13

Scottish Government to consider the case for amending the legislation to include a provision to deal with vexatious complainers.

Scottish Government

In progress

Initial discussions with operational partners and staff associations have taken place on this recommendation ahead of a full public consultation in 2022. Discussions are also underway with the UK Government to better understand the systems and arrangements in place in England and Wales to help consider this recommendation. In the meantime, a revised SPA policy was approved for publication at its Complaints & Conduct Committee in August 2021.

The following is a list of recommendations within this theme which were signed off by the Ministerial Group as completed and featured in the Thematic Progress Report dated 24 June 2021:

Theme 8: Efficiency and Effectiveness

Recommendations

Lead

80

Time limit for submission of complaints by the public should be clear in the PIRC's statutory guidance and publicised on the relevant websites.

PIRC

PR20

PIRC to consider the case for creating regional presence to enhance its capacity to respond immediately

PIRC

PR25

Independent management review to ensure that the PIRC has appropriate leadership, skills and culture to carry out its functions.

PIRC

Contact

Email: police_division_hub_mailbox@gov.scot

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