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What can I complain to Police Scotland about?

1. Introduction to this guide

2. What can I complain to Police Scotland about? (this section)

3. How do I complain? 

4. What happens after I have made a complaint?

5. What are the possible outcomes of a complaint?

6. What can I do if I am unhappy with the outcome of my complaint?

7. What can I do if I want to report a criminal complaint about a police officer?

8. How can I take legal action against the police or seek compensation?

9. How can the SWRC help?

 

What can I complain to Police Scotland about?

Grounds for complaints

You can complain to Police Scotland about:

  • their action – something they did
  • their lack of action – something they did not do
  • the standard of service provided by them
  • Police Scotland policies and procedures.

Complaints can be made about individuals who work for Police Scotland, including serving officers, members of police staff, contractors, and volunteers and the overall quality of service provided by Police Scotland as an organisation. You can also complain about police conduct. The conduct could be when a police officer is on or off duty. Examples of conduct you might complain about are:

  • disorderly or rude behaviour 
  • failing to carry out their duties as a police officer 
  • making false, misleading, or inaccurate statements 
  • unlawful or unnecessary arrests
  • unnecessary force
  • losing or damaging property 
  • breaking the law
  • breaching your human rights or discriminating against you
  • misusing their position, authority or powers as a member of Police Scotland to pursue a sexual or inappropriate emotional relationship with any member of the public
  • abusive or controlling behaviour towards their partner or family.

For example, you could complain if a police officer failed to take a full and accurate statement when you were reporting a crime, or if they used inappropriate language when speaking to you.

Things to consider before making a complaint

There is no time limit for making a complaint about the police. If your complaint is about an incident that took place more than 12 months ago, you may be asked why you did not make your complaint sooner.

It will help if you have evidence and witnesses to support your complaint. You can still complain about police action if there are ongoing criminal proceedings against either you or the perpetrator. If you are going through criminal proceedings as the accused, you should speak to your criminal defence solicitor before making a complaint, as some matters can affect your right to silence. 

If you are not sure whether you have grounds for a complaint, you can contact the SWRC advocacy team using our helpline or contact form. They will discuss the circumstances with you and talk through your options. It is important to think about your complaint carefully. Making a false or malicious complaint could be considered as wasting police time. This is a criminal offence and the police officer being complained about could decide to take civil action. For example, they could take action for defamation of character if they think an untrue statement has damaged their reputation. You can read more about defamation of character in this blog on the SWRC website.

 

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