Police regulations complaints, allegations and reports

Report: 10
Date: 28 April 2003
By: Clerk

Summary

Under the legislation relating to allegations of misconduct by ACPO rank officers, a ‘complaint’ is given a specific statutory meaning: it must be submitted by or on behalf of a member of the public. Matters referred to the Authority that are not ‘complaints’ are to be regarded as reports or allegations. There are a number of legislative provisions that apply to complaints but not to reports or allegations. There is a question for the Authority on how it should interpret the statutory definition of complaint and who constitutes a member of the public.

A. Recommendation

That the Committee consider the issues raised in this report and make a number of policy decisions regarding the interpretation of ‘complaint’ for the purposes of the Police Act 1996.

B. Supporting information

Legislative background

1. Part IV of the Police Act 1996 (1996 Act) relates to complaints and disciplinary proceedings. Chapter 1 specifically deals with Complaints and section 65 contains a definition of a complaint as follows:

“complaint” means a complaint about the conduct of a member of a police force that is submitted

1. a member of the public; or
2. on behalf of a member of the public and with his written consent

2. Where a matter is classified as a complaint, the statutory scheme applicable in the preliminary stages differs from that which apply to matters which cannot be interpreted as a complaint - i.e. concerns that are submitted by, or on behalf of, an individual or organisation that cannot be classified as member of the public. For example, concerns submitted by a serving police officer cannot be regarded as a complaint. Such matters are described as reports and allegations by the Police (Conduct) (Senior Officers) Regulations 1999 (1999 Regulations) – although there is no formal definition of these terms.

3. The preliminary matters applicable to complaints are contained in sections 67 68 and 70 of the 1996 Act and can be summarised as follows:

1. a police authority does not have jurisdiction to consider complaints relating to a direction or control of a police force (s67(4));
2. a complaint that does not relating to the direction or control of the police force must be recorded (67(1));
3. a complaint must be investigated unless the Authority is satisfied that the conduct complained of, even if proved, would not justify criminal or disciplinary proceedings, at which point the complaint can be dealt with at the Authority’s discretion (s68(2)); and
4. certain classes of complaints must be referred to the Police Complaints Authority (s70).

4. These provisions do not apply to allegations or reports. Allegations and reports follow the procedure and requirements contained in the 1999 Regulations. As a point of note, complainants are also subject to the provisions of the 1999 Regulations.

Classification of complaints

5. As the legislative background outlined in the paragraphs above identifies, the statutory scheme to be followed in a particular case depends on whether a matter is classified as a complaint or an allegation or report.

6. Members are asked to consider what class of individuals should be treated as being a complaint (as opposed to an allegation or report). The decision as to whether concerns have been raised by a member of the public is not necessarily straightforward. Whilst it is clear that a serving officer is not a member of the public, Members are asked to consider whether the following classes of entities can be regarded as raising complaints:

1. a relative or friend of a serving police officer in respect of a matter connected with that officer
2. a relative or friend of a serving police officer in respect of a matter not connected with that officer and involving the relative or friend
3. a former officer in respect of a matter connected with an incident or events at the time the officer was in service
4. a former officer in respect of a matter connected with an incident or events at the time the officer was not in service
5. a representative organisation for a police officers
6. a member of the public who complains about a matter in which they are not personally involved

7. The issues raised were considered in the Triennial Review of the Police Complaints Authority 1991-94. This report summarised the situation as follows:

• serving officers are clearly not members of the public. However, their wives and families are and there [are] cases where their status [can be] used to involve the Authority in what [are] essentially the professional grievances of serving officers. Similarly, retired officers are members of the public but it would be an abuse of the system to allow them to use the complaints procedure to pursue grievances that had arisen during their service. There were also difficulties with members of the public who wished to complain about an incident in which they has not been personally involved but which they had seen in a television programme or read about in a newspaper.

8. Clearly each matter will be need to considered on its individual circumstances. However, it would be of assistance to the Head of Human Resources and Professional Standards and the ACPO Conduct Sub-Committee for the Members to consider what should be regarded as the general policy.

C. Equality and diversity implications

There are no identified equality and diversity implications

D. Financial implications

None identified.

E. Background papers

A flow chart is attached demonstrating the decision-making process and identifying the policy decisions that the Committee is asked to make.

F. Contact details

Report author: Judith Chrystie, MPA and Field Fisher Waterhouse.

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Appendix 1

Appendix 1 is available from the MPA in hard copy only.

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