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Additional
| Number | Recommendation |
|---|---|
| 1 | Police Scotland should review and enhance the content and delivery of training of its Code of Conduct, Code of Ethics and Standards of Professional Behaviour for all those joining the organisation. This review should ensure improved quality, consistency and effectiveness. |
| 2 | Police Scotland PSD should review its use of the iBase database to ensure compliance with data protection requirements, including conducting a Data Protection Impact Assessment (DPIA) and establishing policies for record creation, retention and access. |
| 3 | Police Scotland should implement an effective performance development and appraisal system. This system should be supported by structured training for line managers to enable constructive performance conversations and early intervention in cases of underperformance. |
| 4 | The Scottish Government should undertake a comprehensive review of The Police Service of Scotland (Performance) Regulations 2014. |
| 5 | Police Scotland should ensure that all staff involved in assessing potential protected disclosures receive appropriate training to enable them to identify and manage such reports effectively. |
| 6 | The Scottish Police Authority should revise its policies to clearly outline processes for assessing reports of wrongdoing involving senior officers which may be whistleblowing. |
| 7 | Police Scotland should maintain an auditable record of all reports considered as potential protected disclosures, including the rationale for decisions and details of decision makers. |
| 8 | The Scottish Government should add the Police Investigations & Review Commissioner to the list of prescribed persons under The Public Interest Disclosure (Prescribed Persons) Order 2014, enabling staff to raise concerns with an independent police oversight body in Scotland. |
| 9 | Police Scotland should review internal processes contributing to delays in meeting timescales in police staff disciplinary processes. |
| 10 | Police Scotland should ensure that all police staff discipline investigations and meetings are conducted by those who are appropriately trained and independent of the enquiry. |
| 11 | Police Scotland should report information on police staff discipline to the SPA People Committee to enable effective scrutiny. |
| 12 | Police Scotland’s PSD should review its structure to prevent delays in conduct investigations caused by excessive workloads. |
| 13 | PSD should adopt a corporate approach to investigative record keeping, including auditable documentation of planning, decision making and supervisory oversight. |
| 14 | The Scottish Government should consider a system-wide review be undertaken to identify opportunities to expedite criminal cases where the perpetrator is a police officer or member of police staff (either on or off duty). |
| 15 | The Scottish Government should consider amending The Police Service of Scotland (Conduct) Regulations 2014, to include accelerated misconduct hearings for all ranks (in appropriate circumstances). |
| 16 | The Scottish Government should consider introducing an expedited process within The Police Service of Scotland (Conduct) Regulations 2014 for cases where facts are undisputed, allowing sanctions up to and including verbal or written warnings. |
| 17 | In reviewing The Police Service of Scotland (Conduct) Regulations 2014 and its associated guidance, the Scottish Government should consider incorporating best practice from the Reflective Practice Review Process used in England and Wales. |
| 18 | The Scottish Police Authority should ensure the expertise of its complaints team is utilised when assessing all reports of potential wrongdoing by senior officers. |
| 19 | The Scottish Police Authority should maintain clear, auditable records detailing the receipt, rationale and decisions arising from the initial assessment of reports of potential wrongdoing by senior officers. |
| 20 | Police Scotland should share all reports of alleged wrongdoing involving senior officers with the SPA, without exception, including those made anonymously. |
| 21 | Police Scotland should cease the practice of generating ‘blank’ iBase records and adopt a single, auditable process for recording, retaining and escalating all allegations ‑ irrespective of rank ‑ so that there is a complete, consistent auditable trail. |
| 22 | Police Scotland should review its approach to wellbeing support for individuals involved in conduct and disciplinary processes, ensuring that support is tailored to individual needs and individuals are given the opportunity to contribute to the selection of their wellbeing point of contact. |
| 23 | Police Scotland should provide comprehensive training and guidance to those responsible for delivering wellbeing support. The guidance should clearly define roles, responsibilities and accountability, to ensure that support is delivered consistently and appropriately. |
| 24 | In cases where an officer or staff member dies by suicide while subject to ongoing or recently concluded disciplinary or conduct proceedings, Police Scotland should ensure this information is explicitly included in its report to the Crown Office and Procurator Fiscal Service detailing the circumstances of the death. |
HM Inspectorate of Constabulary in Scotland
HM Inspectorate of Constabulary in Scotland (HMICS) is established under the Police and Fire Reform (Scotland) Act 2012 and has wide ranging powers to look into the ‘state, effectiveness and efficiency’ of both the Police Service of Scotland (Police Scotland) and the Scottish Police Authority (SPA).
We have a statutory duty to inquire into the arrangements made by the Chief Constable and the SPA to meet their obligations in terms of best value and continuous improvement. If necessary, we can be directed by Scottish Ministers to look into anything relating to the SPA or Police Scotland as they consider appropriate. We also have an established role in providing professional advice and guidance on policing in Scotland:
- Our powers allow us to do anything we consider necessary or expedient for the purposes of, or in connection with, the carrying out of our functions.
- The SPA and the Chief Constable must provide us with such assistance and co-operation as we may require to enable us to carry out our functions.
- When we publish a report, the SPA and the Chief Constable must also consider what we have found and take such measures, if any, as they think fit.
- Where our report identifies that the SPA or Police Scotland is not efficient or effective (or best value not secured), or will, unless remedial measures are taken, cease to be efficient or effective, Scottish Ministers may direct the SPA to take such measures as may be required. The SPA must comply with any direction given.
- Where we make recommendations, we will follow them up and report publicly on progress.
- We will identify good practice that can be applied across Scotland.
- We work with other inspectorates and agencies across the public sector and co-ordinate our activities to reduce the burden of inspection and avoid unnecessary duplication.
- We aim to add value and strengthen public confidence in Scottish policing and will do this through independent scrutiny and objective, evidence-led reporting about what we find.
Our approach is to support Police Scotland and the SPA to deliver services that are high quality, continually improving, effective and responsive to both national and local needs.[2]
This assurance review was undertaken by HMICS in terms of Section 74(2)(a) of the Police and Fire Reform (Scotland) Act 2012 and is laid before the Scottish Parliament in terms of Section 79(3) of the Act.