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Police complaint

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  • Police complaint

    I have had need to raise a few complaints against the local Police force however none ever seem to go anywhere.
    By that I mean the officer allocated to investigate comes round makes all the right noises takes some notes then promises to investigate and that is the last I hear of it.
    I call to chase this up and get told as operational Sergeants they will likely have been busy with Life and Death Situations so have not had the time.
    I have written to the Chief Constable, the Crime Commissionaire and the professional standards dept but it just gets passed to another investigating officer who does exacly the same.
    Now I have looked at the IPCC (IoPC) Website which says I can only appeal when the force gives me a letter saying it has concluded it's investigation into the complaint so it seems by never completing an investigation I cannot take this to the IPCC.
    Has anybody any advice on how I can progress the matter to get it resolved?
    Tags: None

  • #2
    The IPCC (IoPC) statutory guidance (2015) is a good place to start (relevant legislation is referred to throughout).

    Perhaps focus initially on page 16 Section 3: COMPLAINTS

    https://www.policeconduct.gov.uk/sit...ce_english.pdf

    Note under sub-heading "Recording a complaint" (page 19, paragraph 3.21):

    3.21 The IPCC expects a recording decision to be made within ten working days of receipt of a complaint or notification, but ideally it should happen as soon as possible after the complaint is received.

    Comment


    • #3
      P.S.

      3.21 The IPCC expects a recording decision to be made within ten working days of receipt of a complaint or notification, but ideally it should happen as soon as possible after the complaint is received.
      The Police (Complaints and Misconduct) Regulations 2012 (Regulation 34)

      http://www.legislation.gov.uk/uksi/2...lation/34/made

      Manner and time limits of notifications

      34.—(1) Any notification to be given under these Regulations shall—

      (a) unless otherwise specified in these Regulations or determined in guidance issued by the Commission [IoPC], be given in writing;

      (b) unless otherwise specified in these Regulations, be made within such period as the Commission [IoPC] may determine in guidance.

      .....

      Comment


      • #4
        Originally posted by outlawlgo View Post
        The IPCC (IoPC) statutory guidance (2015) is a good place to start (relevant legislation is referred to throughout).

        Perhaps focus initially on page 16 Section 3: COMPLAINTS

        https://www.policeconduct.gov.uk/sit...ce_english.pdf

        Note under sub-heading "Recording a complaint" (page 19, paragraph 3.21):
        Would they suggest that the fact they took down the details of the complaint on 101 as meeting the guidance of recording within 10 days

        Comment


        • #5
          Originally posted by Photega View Post

          Would they suggest that the fact they took down the details of the complaint on 101 as meeting the guidance of recording within 10 days
          According to Regulation 15 of the Police (Complaints and Misconduct) Regulations 2012, the force is obliged to 'supply to the complainant a copy of the record made of that complaint' (see also page 21 of the IoPC statutory guidance)

          http://www.legislation.gov.uk/uksi/2...lation/15/made


          Originally posted by Deltic Bouy View Post
          Now I have looked at the IPCC (IoPC) Website which says I can only appeal when the force gives me a letter saying it has concluded it's investigation into the complaint so it seems by never completing an investigation I cannot take this to the IPCC.
          Has anybody any advice on how I can progress the matter to get it resolved?
          According to the IPCC January 2016 Focus guidance, Issue 8 (page 7)

          https://www.policeconduct.gov.uk/sit...nuary_2016.pdf

          the complainant has a right of appeal to the IPCC if the force fails to make a recording decision within 15 days. However, and bizarrely, failing to communicate the decision is not a ground for such an appeal to be upheld despite Regulation 15 of the Police (Complaints and Misconduct) Regulations 2012 (above).

          Non-recording appeal rights

          There are a number of assessments that an appropriate authority must make when assessing an attempt to make a complaint. Not all of these have appeal rights against the decision. If it appears that no decision has been made on an attempt to make a complaint within 15 working days, the complainant has a right of appeal to the IPCC. Even if one of the issues on pages 8 or 9 applies, if no decision has been made, the IPCC will uphold the appeal on the failure to make the decision. Failure to communicate the decision is not a ground for upholding a non-recording appeal.

          Comment

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