Our client, Mr A was accused of assault by another. Two Police constables attended on the scene and advised that there was no corroboration of the alleged assault. However, contrary to law, a verbal warning was given to our client, illegally. From our established research, and found to be contrary to primary legislation and the Police guidance procedures given the authority of primary legislation, the verbal warning was given. On behalf of our client, Advice Resolutions sought to make a complaint to both the Police Investigations and Review Commissioner and the Police Standards departments. After the senior officer of Police investigated, the Police conceded that when there is no corroboration in Scottish law when an allegation of assault is made, then they can take no further action and the law is very strict in that regard.
The Police constables called to the incident were both given corrective advice, and this action would not have been taken if both Police Constables had not acted with misfeasance in public office. No explanation, justification nor excuse was offered. Prima facie, we proffered that this case was also a claim for discrimination based on race, one of the protected characteristics of the Equality Act 2010. There was no adequate explanation given by the Police constables for not following the enshrined legislation they ought reasonably to have known existed and were not exempt from.
If you have a complaint against the Police please contact Advice Resolutions, as we will research Police protocol, legislation and guidance to assist you in your case. We cannot represent you in criminal cases, but can work alongside your chosen solicitor, barrister and/or undertake research.
“Social Care and Health funding in many parts of the UK is continually denying the basic fundamental rights of care for all age groups”
The public is facing a growing “care injustice” as people are finding it more difficult to get help in England, the regulator is warning.
The Care Quality Commission highlighted growing hospital waiting lists, delays at A&E and record dissatisfaction levels with GPs in its annual report.
Mental health and old-age care were also becoming harder to access.
And the report said even where there was care available many people only had the choice of failing services.
In its 130-page review, the regulator pointed to
- the lack of out-of-hours GP care
- rising rates of preventable admissions to hospitals
- overcrowding on wards and worsening A&E waiting times
- the growing waiting list for routine operations
- mental health patients being made to travel long distances for treatment
- older people going without the help they need for daily tasks such as washing and dressing
Don Redding, of the patient group, National Voices, said it was clear the system was “malfunctioning” and the report should act as a “loud alarm bell”.
He urged the government and NHS leaders to take notice as they prepare to publish their 10-year NHS plan later in the autumn, setting out how the extra funding for the health service will be spent in the coming years.
The report is being published as the BBC relaunches its NHS Tracker project, which enables users to find out how their local areas are performing on cancer, A&E, hospital care and mental health services.