Police failed to send help to assault victim who ultimately required reconstructive surgery

The Police Investigations & Review Commissioner (PIRC) reports found that a controller at Bilston Glen Area Control Room (ACR) failed to prioritise the incident and direct officers to deal with the reported assault.

It added that ACR managers subsequently failed to notify the PIRC and senior Police Scotland managers of the serious incident in accordance with procedure.

The incident happened at homeless accommodation in Penicuik in the early hours of 3 September 2018.

The report found that the man was assaulted three times after he was asked by the other resident to take part in the rape of a woman, who was also living at the homeless accommodation, but he refused.

Police failed to attend the scene despite receiving phone calls between the assaults.

At some point, between the second assault and the third assault, the attacker forced entry to the female resident’s room and attempted to rape her.

The details of the incident were brought to the attention of the local police sergeant at 3.24 am who attended the homeless accommodation, supported by other police officers, and found the man unconscious suffering from severe injuries, including facial injuries which required facial reconstructive surgery.

Just under an hour later, police officers discovered the woman in her room and she reported that the man who had carried out the assault had attempted to rape her.

The report found that during the course of the incidents, police officers in the area were directed to attend lower priority calls by Bilston ACR and it appeared that no thought had been given by the controller to re-deploy local officers or task resources from adjoining areas or from other police units.

The man who carried out the assault was arrested and later stood trial at the High Court in Edinburgh, and was found guilty of assault to severe injury and permanent disfigurement and assault with attempt to rape on 18 December 2018. He was detained in a state hospital for treatment for a mental health condition as he was considered to present a significant risk to his health, safety or welfare or the safety of others.

The trial judge, Lord Mullholland, was critical of the length of time it had taken police to attend in response to the victim’s emergency 999 calls. Police Scotland referred the incident to the PIRC on 24 December 2018 – more than three months after the incident.

The report found that it was “highly likely” that the third assault on the man would not have occurred if the Bilston ACR controller had directed officers to attend the initial reports of assault.