Equality & Human Rights at the commission

The request was partially successful.

Dear Police Investigations and Review Commissioner,

I hear by request the following information or information that would answer the following under HM Freedom of Information (Scotland) Act 2002

A) How many complaints against the commission regarding the following issues have been lodged by the public between April 2013 and today's date and April 2007 until 1/1/2013 when the service was known as the Police Complaints Commission for Scotland.

1. Discrimination or prejudice as against any protected characteristic as defined by HM Equality Act 2010.

2. Human Rights violations as defined under HM Human Rights Act 1998, the wider EU protocols/directives on the fundamental freedoms of EU Citizens or the UN International Declaration on Human Rights.

3. Lack of due rigour, due impartiality, due process or corruption.

I would request a full count of these complaints (if any) placed in the order of "Upheld" "Partially Upheld" and "Not-Upheld" with all details disclosed in accordance to HM Data Protection Act 1998.

Thank you,

Oysterman

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Dear Police Investigations and Review Commissioner,

I can NOT confirm the assumption is correct, it is complaints against the PCCS and PIRC by others under the terms I have described.

Oysterman

Police Investigations and Review Commissioner

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Dear Oysterman
 
Further to your request for information, please find our response
attached.
 
 
Janice Carter | Policy, Performance & Research Officer
 
Police Investigations & Review Commissioner
Bothwell House, Hamilton Business Park, Caird Park, Hamilton ML3 0QA
t:  01698 542 900 
 
[1]www.pirc.scotland.gov.uk 
independent and effective investigations and reviews
  
save paper – do you really need to print this email?
 
 
 
 

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Oysterman (Account suspended) left an annotation ()

I request an internal reveiw.

--

1. Discrimination or prejudice as against any protected characteristic as defined by HM Equality Act
2010.

We received one Head of Complaint which alleged racial abuse, and other one where the applicant stated they were not treated fairly due to their nationality. Both Heads of Complaint were not upheld.

Four complaints (HOC) we received alleged unfair treatment due to an applicant’s disability, and none
were upheld.

2. Human Rights violations as defined under HM Human Rights Act 1998, the wider EU protocols/directives on the fundamental freedoms of EU Citizens or the UN International Declaration on
Human Rights.

We have not received any complaints, either as PCCS or as PIRC which allege the violation of Human Rights.

3. Lack of due rigour, due impartiality, due process or corruption.

Most of the other complaints received relate to issues regarding the time taken to review an applicant’s
complaint about a policing body, or the outcome of the review, or in some cases, both. In some circumstances this has led to an applicant alleging corruption on the part of reviewing staff and/or the Commissioner. We have received 11 such allegations (HOC), none of which were upheld. The remaining complaints related to standards of service.

----

I note in my original FOIS request I asked for all details in regards all complaints to be realised in accordance to HM Freedom of Information Act 2002 and HM Data Protection Act respectively.

I do NOT seek a discloser of all the complaints but only the complaints quoted above. In regards these I would like to see the original complaint letters sent, records of the investigations carried out and the subsequent findings that caused the decision to be ‘Not upheld in each case’. I do not ask for any names, address or biographical identifiers that are contrary to the data act either of the complainants or the accused but I would expect the details to be viewable to the public.

Thank you.

Dear Police Investigations and Review Commissioner,

I request an internal reveiw.

--

1. Discrimination or prejudice as against any protected characteristic as defined by HM Equality Act
2010.

We received one Head of Complaint which alleged racial abuse, and other one where the applicant stated they were not treated fairly due to their nationality. Both Heads of Complaint were not upheld.

Four complaints (HOC) we received alleged unfair treatment due to an applicant’s disability, and none
were upheld.

2. Human Rights violations as defined under HM Human Rights Act 1998, the wider EU protocols/directives on the fundamental freedoms of EU Citizens or the UN International Declaration on
Human Rights.

We have not received any complaints, either as PCCS or as PIRC which allege the violation of Human Rights.

3. Lack of due rigour, due impartiality, due process or corruption.

Most of the other complaints received relate to issues regarding the time taken to review an applicant’s
complaint about a policing body, or the outcome of the review, or in some cases, both. In some circumstances this has led to an applicant alleging corruption on the part of reviewing staff and/or the Commissioner. We have received 11 such allegations (HOC), none of which were upheld. The remaining complaints related to standards of service.

----

I note in my original FOIS request I asked for all details in regards all complaints to be realised in accordance to HM Freedom of Information Act 2002 and HM Data Protection Act respectively.

I do NOT seek a discloser of all the complaints but only the complaints quoted above. In regards these I would like to see the original complaint letters sent, records of the investigations carried out and the subsequent findings that caused the decision to be ‘Not upheld in each case’. I do not ask for any names, address or biographical identifiers that are contrary to the data act either of the complainants or the accused but I would expect the details to be viewable to the public.

Thank you.

Oysterman

Police Investigations and Review Commissioner

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Dear Oysterman
 
Further to your request for a review of our handling of your request for
information, please find our response attached.
 
 
Barry Mackay | Director of Corporate Services
 
Police Investigations & Review Commissioner
Hamilton House, Hamilton Business Park, Caird Park, Hamilton ML3 0QA
 
[1]www.pirc.scotland.gov.uk 
independent and effective investigations and reviews
  
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Dear Police Investigations and Review Commissioner,

That’s the concerning contradictory response from an organisation that purports to administer impartial transparency in issues such as race complaints against the police that I genuinley feared.

I shall appeal to the commissioner in due course.

Oysterman

Police Investigations and Review Commissioner

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Dear Police Investigations and Review Commissioner,

I’m a bit concerned hear looking at the data supplied under the act in so far as one trend seems to be emerging, a course of conduct as a certain police sergeant would state.

A) Accusations of PIRC corruption.
B) Accusations of PIRC racism.

Almost in ever single complaint corruption and racism seem to be re-occurring accusations, hand-in-hand they go down the police road of reform. A sergeant who harmed me would call that 'receiving complaints of showing signs of racism'' Probable cause would be established. Note is given that complaints don’t know each other.

So, why is it that, each complainant accuses PIRC of corruption and racism and PIRC do not uphold ever single one ? In a country who’s police force and judiciary have the blood of Simon san to answer for are the people of Scotland false accusors or does old Scottish bigotry rear is ugly head again ?

Yours faithfully,

Oysterman

Police Investigations and Review Commissioner

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Dear Police Investigations and Review Commissioner,

We have published this report for the prevention, detection and elimination of institutionalised hatred in Scotland.

" Myself and other advisors have conducted an examination of the police investigation and review commissioner "PIRC" and have found the following:

1- That the commission contains former police officers despite being a statutory body and retaining its own solicitors.

2 - Senior staff discussed with police a potential complaintnagainst the police to be possibly reffered to them on at least one occassion and trafficed information of that potential complainant to police before that complainant raised an action against the police. PIRC did not share information given to it by police to the potential complainant in the same case.

3 - Senior staff of PIRC engage potential complainants in an "Interrogative" "Adviserial" manner and show signs of inducement.

4 - That Senior staff members at PIRC actively question those with learning difficulties with an aim of obtaining the name of therensolicitor, possibly to provide legal advantage to the police or the crown.

5 - That senior staff do not have sufficient training per regards HM Equality Act of 2010, its 2013 amendments or HM Human Rights Act of 1998.

6 - That Senior staff are not versed in the Stephen Lawrence Protocol as set out by Lord MacPherson and supported by Lady Lawrence of Clarendon.

7 - That there have been a number of racism allegations raised against PIRC by ethnic members of the public.

8 - That there has been a disability discrimination allegation raised against PIRC by a member of the public.

9 - That there have been corruption allegations raised against PIRC by the public.

Thank you,

"Oysterman"

http://m.youtube.com/watch?v=hLZ7PFM3loE

The evidence to support the above is from background reports, public information and recorded phone call conversations.

I suggest a more victim focused approached.

Police Investigations and Review Commissioner

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Dear Police Investigations and Review Commissioner,

My solicitor would like to know what PIRC class as 'objectively offensive' as apposed to 'subjectively offence' when it comes to hate incidents, human rights violations and transphobia.

I request under HM Freedom of Information (Scotland) Act 2002 the follow information:

A) A copy of all information that PIRC hold that details how transphobia or other hate related conduct (written-words, spoken words, actions, behaviour) is to be objectively established and if such objective establishment is necessary to establish valid fear, distress or alarm of the victim of hatred.

Yours faithfully,

Oysterman

Police Investigations and Review Commissioner

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