Posted: Friday 29 July 2011
Commissioner's latest complaint handling reviews published
Officer to provide statement over alleged refusal to allow mother to identify dead son
A woman who claims that an officer from Strathclyde Police prevented her from entering a mortuary to identify her son's body, has been told by the Police Complaints Commissioner that he has asked for the officer involved to provide a further statement.
The decision follows the Police Complaints Commissioner, Professor John McNeill's review, of complaints by the woman about the actions of police officers following the death of her son last year.
Professor John McNeill, found that both an Inspector and a Superintendent refer to the Detective Constable involved as denying the allegation that he had refused the mother entry to the mortuary. However, nowhere in the officer's statement, which was seen by the Commissioner, does he deny the allegation. Professor McNeill also challenges the assertion by the Inspector that, had the woman insisted on entering the mortuary, the Detective Constable would have allowed her to do so "without question". The Commissioner found no evidence to support either statements and has asked Strathclyde Police to take statements from the officer involved and the other relatives who were present at the time, before issuing a further response to the woman involved.
Professor McNeill said: "It is simply unacceptable for an enquiry officer's report, used to inform the response to a complaint, to include comments and assertions for which there is no apparent evidence. This case highlights the difficulties that are caused when there are no auditable records of discussions with witnesses. This is not just a procedural deficiency, it raises real doubts as to whether the statements attributed to witnesses reflect their true position on the matter. Later this year, I will carry out an independent assessment of the adequacy of records relating to complaints maintained by Scotland's police forces to ensure that they are adequate."
Woman wins challenge over strip search by Tayside Police
In another report published this week, the Commissioner criticised officers from Tayside Police for conducting an unauthorised strip search of a woman. The woman, who had voluntarily attended the police station after a car in which she was a passenger was stopped by police. The officers suspected that she and the driver were under the influence of drugs or alcohol.
The female passenger declined to consent to a "roadside pat down" but agreed to attend a local police station for the search to be conducted. At the station she claims that she was subjected to a strip search and complained that officers had misled her about the search and abused their powers.
The force was unable to provide the Commissioner with any records of the search having taken place or of it having been authorised by a supervisor, despite its own guidance requiring that a record is kept of all strip or full searches. For that reason, the Commissioner's found that the force had breached its own standard operating procedures in relation to strip-searches and had provided misleading information to the woman in its response to her complaint.
The force is now expected to make a full apology and, on the Commissioner's recommendation, ensure that all custody staff are reminded of the requirement to maintain records in relation to searches undertaken of suspects.
Professor McNeill again: "I am concerned about the guidance provided to officers in respect of strip-searches within Tayside Police. I am recommending that they examine their Prisoner Care Manual with a view to bringing it into line with the ACPOS guidance which supports the position that strip-searching is discretionary rather than mandatory and based on what is required in an individual case."