MacKinnon was Head of Human Resources governance for the Scottish Police Authority between 2015 & 2017.

Her prime responsibility was to provide assurance to the Authority that they were a responsible employer and a sustainable organization, achieving this goal through the introduction of efficient personnel policies aiding the professional development of management and staff.

The first years following the formation of the Authority were plagued by complaints of harassment and wrongdoing in the force and the SNP Government ordered an independent audit of the Authority’s human resources and other departments that had been subject to criticism.

In January 2017 the Scottish Police Authority Complaints Audit was published: (https://pirc.scot/media/4447/spa-audit-report-2017.pdf)

The Undernoted concerns were recorded

A lack of transparency and clarity surrounding the complaints processes.

The length of time taken to deal with complaints and to undertake preliminary assessments in misconduct allegations.

A lack of communication between the Authority and senior officers who were the subjects of complaint.

Communication between the Authority and senior officers was inconsistent. In some instances, subject officers had been invited to address allegations/complaints whilst in others, an invitation had not been extended.

On a number of occasions, the first officers became aware complaints had been made about them was through media coverage.

Responsibility for ordering a preliminary assessment of misconduct allegations rested with a manager who had little or no relevant knowledge or experience and expertise.

Conclusions

The complaint handling procedure in place is neither effective nor efficient and lacks transparency and unclear guidance resulted in organizational confusion as to whether a matter should be dealt with as a “relevant”.

The average time taken to conclude complaints and preliminary misconduct assessments is excessive and disproportionate to the level of inquiry undertaken or required of the Authority.

Decisions of the Authority lacked clarity and transparency and in many cases did not contain sufficient explanation to demonstrate how a decision had been reached.

Notifying senior officers about misconduct allegations and ‘relevant complaints’ made about them was inconsistent. In some instances, senior officers were not notified but in other cases, they were notified but sometimes at the beginning or on occasions at the end of the process.

Whilst there is no statutory requirement to notify a senior officer about an allegation or to ask him/her to comment on an allegation until after an assessment has been carried out and an appropriate investigator has been appointed.

But the subject officer must receive formal notification of a misconduct allegation once it has been determined that an investigation is required and an investigator has been appointed and before the start of any investigation.

Chairpersons Statement:

Susan Deacon, (SPA chair), said the report identified a “number of important areas” requiring the authority’s attention. And it was essential that the Authority’s systems and practices were robust and worked effectively to maintain public confidence and trust.

Addressing the concerns of senior officers, procedures would be revised requiring more than one “deciding” officer to ensure key decisions were taken ensuring better oversight of the complaints process.