Police Scotland officers have a duty to protect the public and investigate reported crimes. In the past 10–15 years, several Scottish cases have exposed derelictions of duty – instances where police failed to act (e.g. failure to investigate or respond to emergencies) – and citizens sought accountability through complaints or civil litigation.
Notably, a 2018 UK Supreme Court ruling affirmed that police owe a positive obligation under human rights law to investigate serious crimes, meaning serious investigative failings can give rise to compensation. Below are key examples of such cases, including outcomes like upheld complaints, internal disciplinary findings, and civil damages.
Civil Litigation Cases – Damages for Failure to Act
M9 Crash (Lamara Bell, 2015)
Police failed to respond to a 999 call about a car crash. Lamara Bell lay critically injured for three days beside her deceased partner. In 2021, Police Scotland admitted liability and paid £1 million to her family.
Elizabeth Bowe (2016)
Police failed to dispatch officers after Bowe reported imminent danger. She was murdered by her brother. The PIRC found multiple failings and issued recommendations to improve call handling.
Complaints Upheld via PIRC or Internal Reviews
Louise Aitchison (2020)
Killed by an abusive partner hours after asking police for protection. An internal review found 18 separate errors. Police formally apologised. The case may proceed to a Fatal Accident Inquiry.
Rhys Bonner (2019)
Family lodged 26 complaints over police handling of Bonner’s disappearance. The PIRC later upheld four, citing poor investigation and communication. Police were ordered to reassess the case.
Neighbour Harassment Case (2016)
A couple filed five complaints about police inaction during neighbour abuse. The PIRC found 2 complaints were mishandled, and ordered follow-up to retrieve missed CCTV evidence.
Summary of Notable Cases (2010s–2020s)
| Case / Reference | Year | Type of Failure | Outcome | Compensation |
|---|---|---|---|---|
| M9 Crash (Lamara Bell) | 2021 | Failure to respond to 999 crash report | Liability admitted; civil claim upheld | £1,000,000 |
| Elizabeth Bowe | 2017 | Failure to promptly dispatch help | PIRC found failings; recommendations issued | N/A |
| Louise Aitchison | 2022 | Failure to warn/protect from known abuser | 18 police errors upheld internally | N/A |
| Rhys Bonner | 2022 | Failure to investigate and support family | PIRC upheld 4 complaints; case reopened | N/A |
| Neighbour Dispute (Anon.) | 2016 | Failure to investigate harassment | 2 complaints upheld; CCTV action ordered | N/A |
Sources: Official court judgments, PIRC Complaint Handling Review reports, Police Scotland statements, and news archives. Each case highlights that, while difficult, holding police accountable in Scotland is possible when failures are documented and pursued.