Complaints, investigations and misconduct in policing - implementation of recommendations: thematic progress report – June 2022

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. However, one recommendation (Preliminary Recommendation 13) will require, or is likely to require either primary or secondary legislation, and has, therefore, been included as part of the public consultation which has now launched. The responses to the consultation will help to shape the preparation of a draft Bill and to avoid pre-empting this on-going engagement and consultation, commentary on this recommendation will be limited in this reporting period.

Mental Health

Progress continues to be made on Recommendation 72 in relation to mental health. The Scottish Government is working with partners, including Police Scotland, through the Redesign of Urgent Care Programme to ensure that people with urgent physical and mental health care needs get the right help, in the right place, at the right time. This will be facilitated by ensuring that each Health Board provides access to a mental health clinician 24 hours a day, seven days a week for those who require urgent specialist mental health assessment or urgent referral to local mental health services. This will create national and local routes to ensure people in emotional crisis or distress and those in need of urgent care are assessed and supported, regardless of how they access services.

The focus of this approach is to ensure that people do not have to attend A&E to receive the care they need. However, when they do, improvements to our urgent care response will ensure appointments can be scheduled so that clinicians are ready to receive them, providing care quickly and reducing waiting times for patients. To build additional mental health capacity in key settings, the Scottish Government has provided significant investment to recruit an additional 800 whole time equivalent (WTE) mental health posts, including A&Es, GP practices, police station custody suite and prisons – ensuring local provision and support is at the heart of our plans. As of 1 January 2022, an additional 756.9 WTE mental health posts have been recruited to under Action 15 of the Mental Health Strategy, including 149.3 WTE posts within the A&E setting.

Body Worn Video

Preliminary Report Recommendation 11 proposes that Police Scotland accelerates plans to expand use of Body Worn Video (BWV). A national consultation took place in 2021, with early indications that the public largely support national roll out of BWV. A submission was then made to the SPA Policing and Performance Committee on 17 March 2022 on Insights and Key Considerations from the Public Engagement Surveys with the internal, then external dissemination to follow. The recommended approach is to develop and deliver a fully considered and measured BWV solution to selected police officer and support staff roles that fits strategically. The timescale is initially estimated to be in the region of 24 months before implementation could commence, and a more detailed delivery plan will be developed as part of the Business Case process.

Police Scotland remains committed to progressing the development and use of BWV technology with the SPA in a manner that is transparent and meets both privacy and ethical standards to enhance how policing is delivered to communities across Scotland.

Funding to enable delivery of a national BWV solution will be sought from the Scottish Government in line with standard business case processes and associated governance approvals. The majority of capital spend is anticipated to be during development and rollout phases as software is procured/developed and hardware is purchased. This recommendation is, therefore, considered fully implemented.

Related to this and, as reported in December, an Independent Advisory Group on Emerging Technologies (ETIAG), chaired by Dr Liz Aston, is due to report its findings to Ministers this year and is exploring legal and ethical issues associated with the use of technologies in operational policing, including body-worn video. The ETIAG will produce an interim report in June 2022 and the final report is due to be delivered to the Cabinet Secretary for Justice and Veterans in September 2022. In the meantime, the ETIAG continues to use Body Worn Video technology as a live case study in their ongoing work.

Further updates

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

Theme 8: Efficiency and Effectiveness - Progress Overview for the period 1 October 2021 to 31 March 2022

Recommendations

68

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

Lead

Scottish Government

Current Position

In progress

Current Position

SPSO has been invited to meet with operational partners at the next meeting of the National Complaint Handling Group (NCHDG) – likely to be around June - with a view to better understanding support/resources available and how these might be utilised going forward

Recommendations

72

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

Lead

Scottish Government

Current Position

In progress

Current Position

The Scottish Government is working with partners through the Redesign of Urgent Care Programme to ensure that people with urgent physical and mental health care needs get the right help, in the right place, at the right time. the Scottish Government has provided significant investment to recruit an additional 800 whole time equivalent (WTE) mental health posts, including A&Es, GP practices, police station custody suite and prisons – ensuring local provision and support is at the heart of our plans.

Recommendations

PR11

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

Lead

Police Scotland

Current Position

Complete

Current Position

National consultation took place in 2021, with early indications that the public largely support national roll out of BWV. The timescale for delivery of a fully considered and measured BWV solution that fits strategically is initially estimated to be in the region of 24 months before implementation could commence, and a more detailed delivery plan will be developed as part of the Business Case process. Funding to enable delivery of a national BWV solution will be sought from the Scottish Government in line with standard business case processes and associated governance approvals.

Recommendations

PR13

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

Lead

Scottish Government

Current Position

In progress

Current Position

The public consultation has now launched and the responses will help to shape the preparation of a draft Bill. We will continue to engage with stakeholders throughout the consultation period. A further update on this will be provided in the next Thematic Progress Report.

Signed off by Ministerial Group as completed and reported in the 16 December 2021 Thematic Progress Report

The following is a list of recommendations within this theme which have already been signed off by the Ministerial Group as completed in 2021:

Recommendations

9

All frontline resolution should be carried out by Professional Standards Department

Lead

Police Scotland

Signed off by Ministerial Group as completed and reported in the 24 June 2021 Thematic Progress Report

Recommendations

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.

Lead

PIRC

Recommendations

PR20

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

Lead

PIRC

Recommendations

PR25

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

Lead

PIRC