HMICS Assurance review of Conduct and Discipline

Training

 

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.

 

Initial assessment of potential wrongdoing

 

Recommendation 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.

 

Officer and staff performance

 

Recommendation 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.

Recommendation 4

The Scottish Government should undertake a comprehensive review of The Police Service of Scotland (Performance) Regulations 2014.

 

Whistleblowing

 

Recommendation 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.

Recommendation 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.

Recommendation 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.

Recommendation 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.

 

Police staff discipline investigations

 

Recommendation 9

Police Scotland should review internal processes contributing to delays in meeting timescales in police staff disciplinary processes.

Recommendation 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.

Recommendation 11

Police Scotland should report information on police staff discipline to the SPA People Committee to enable effective scrutiny.

 

Police officer conduct

 

Recommendation 12

Police Scotland’s PSD should review its structure to prevent delays in conduct investigations caused by excessive workloads.

Recommendation 13

PSD should adopt a corporate approach to investigative record keeping, including auditable documentation of planning, decision making and supervisory oversight.

Recommendation 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).

Recommendation 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).

Recommendation 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.

Recommendation 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.

 

Senior officer conduct

 

Recommendation 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.

Recommendation 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.

Recommendation 20

Police Scotland should share all reports of alleged wrongdoing involving senior officers with the SPA, without exception, including those made anonymously.

Recommendation 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.

 

Wellbeing

 

Recommendation 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.

Recommendation 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.

Recommendation 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.