Mrs K Against Chief Constable Of The Police Service Of Scotland
| Jurisdiction | Scotland |
| Judge | Lord Brailsford |
| Neutral Citation | [2019] CSOH 9 |
| Docket Number | A63/15 |
| Date | 31 January 2019 |
| Court | Court of Session |
| Published date | 31 January 2019 |
OUTER HOUSE, COURT OF SESSION
[2019] CSOH 9
A63/15
OPINION OF LORD BRAILSFORD
In the cause
MRS K
Pursuer
against
SIR STEPHEN HOUSE, CHIEF CONSTABLE OF THE POLICE SERVICE OF SCOTLAND
Defender
Pursuer: McBrearty QC, Campbell; BTO Solicitors
Defender: Shand QC, Smart; Clyde & Co
31 January 2019
[1] This was an action of damages instituted by a former police officer against the Chief
Constable for The Police Service of Scotland in which it was alleged that there was a failure
to take reasonable care by Police Scotland in duties owed to their employees. The case for
the pursuer as pled on record set forth a list of duties said to be incumbent upon the
defender but as developed and presented at proof was ultimately limited to the following
averments of duty:
“It was the defender’s predecessor’s duty to take reasonable care for the safety of its
employees, including the pursuer, and to avoid exposing them unnecessarily to the
risk of injury.” (closed record 18B)
2
“It was their duty to afford her fair treatment in carrying out an investigation into
her conduct and performance and to support her in her move to another department.
It was their duty not to take disciplinary action against her or to move her
permanently from her post without affording her fair treatment. The duties to afford
the pursuer fair treatment as aforesaid required the defenders, amongst other
things;… (ii) not to move her from her post, in particular, not to do so on the basis of
preliminary findings which had not been the subject of proper investigations which
she had not been made aware of and not had the opportunity to respond to; (iii) to
advise her that her post had been re-advertised and provide her with an explanation
therefor…”(closed record 18C-E)
[2] Proof was restricted to liability and causation. The pursuer gave evidence on her
own behalf and adduced the evidence of nine further witnesses. The defenders did not lead
evidence.
Pursuer’s evidence
[3] The pursuer joined the then Grampian Police Force (“Grampian”) in 1990 as a
probationary police officer serving in that rank until February 1992, at which time she was
awarded the Baton of Honour as the most outstanding officer on basic probationer training.
She then commenced uniform duties in Aberdeen serving in that capacity until October 1994
when she was moved to CID duties within the same city. Between March 1995 and
November 1998 her service was with the Drug Squad in the city, during which period she
was awarded a prize for the best student in detective training. In 1997 she undertook a test
purchasing course, completion of which permitted her to undertake work making test
purchases of illegal drugs in a covert capacity. In October 1998 she completed the
appropriate training and became a qualified undercover officer. She was promoted to
detective sergeant in 2000. Between 1998 and 2003 she was employed either within the
Grampian Police Force Intelligence Section or as an undercover police officer working both
within the UK and abroad. The pursuer’s evidence was that she spent the majority of her
3
working time on undercover duties. In July 2003, whilst deployed as an undercover officer,
the pursuer became seriously ill, required hospital admission and operative treatment. As a
result she was absent from work until November 2005. On her return to work she was
assigned to Grampian Police Force Special Branch where she worked until September 2007
when she was seconded to the Special Operations Unit (“SOU”) of the Scottish Drug
Enforcement Agency (“SCDEA”). Her unchallenged evidence was that all police officers
working in SCDEA were seconded from other police forces and during their time in SCDEA
remained formally officers of the parent force.
[4] The pursuer gave evidence in relation to her health in the period from her joining the
police until her secondment to the SCDEA in 2007. Following the death of her mother in
1997 she suffered a period of depression which continued till April 1999 and required the
prescription of medication. This matter was discussed with Grampian Police Occupational
Health Department in October 1997 and a note was made of contributing factors associated
with the death of her mother and work related stresses.
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[5] As already recorded the pursuer developed a serious illness in 2003. As a
consequence of this illness she suffered from symptoms of anxiety and again developed
depression of sufficient severity to require medical intervention and the prescription of
appropriate drugs.
[6] The pursuer attended regular sessions at least once annually with a clinical
psychologist, Mary Keenan Ross, from 1998 until 2013. These sessions were facilitated and
paid for by her employer.
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PDF371. All productions were provided in PDF format on disc. Each page of text being gi ven a
page number. These were reproduced in hard copy for the proof in five lever arch fol ders, each page
having a number corresponding to the PDF numbering. For convenience the PDF numberi ng will be
adopted herein.
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Mrs K Against Chief Constable Of The Police Service Of Scotland
...& Co (Scotland) LLP 28 April 2020 Introduction [1] This is a reclaiming motion (appeal) against the interlocutor of the Lord Ordinary ([2019] CSOH 9), dated 31 January 2019, in which he found that the pursuer was entitled to reparation from the defender. The nature of the liability, in term......