Recording of complaints and conduct matters by the Chief Executive or Deputy Chief Executive on delegated authority

Report: 9
Date: 14 April 2005
By: Chief Executive

Summary

The report sets out proposals for the initial handling of complaints and conduct matters, taking account of the provisions of the Police Reform Act 2002 and recommendations made by the Independent Police Complaints Commission (IPCC) in respect of timescales for handling complaints and conduct matters.

A. Recommendations

That the Chief Executive prepares efficient and effective procedures and protocols for the notification or recording of complaints.

B. Supporting information

1. The Police Reform Act 2002 provides that where a complaint is made to a police authority, the authority shall determine whether or not it is the appropriate authority to be notified of the complaint and concomitantly decide whether the authority shall record the complaint.

2. Under current procedures, decisions as to whether to record a complaint are taken by a minimum of three Members at a meeting of the Senior Officers Conduct Sub-Committee. The Sub-Committee meets on a monthly basis.

3. In the absence of the urgency procedures being invoked, decisions to record a complaint may therefore take 28 days or more to be reached. As a result there is a potential for delay in the decision making process.

4. The IPCC has in its guidance advised that there should be a complainant centred approach to complaints handling and that decisions as to whether to record should be taken within 10 days of receipt of the complaint, unless otherwise specified in legislation.

5. In order to accelerate the decision making process and to comply with the IPCC’s recommendation that decisions to record are taken promptly, it is proposed that Members of the Professional Standards and Complaints Committee agree to giving delegated authority to the Chief Executive and Deputy Chief Executive to take decisions as to whether to record a complaint. The decision would be taken in consultation with the Chair of the Professional Standards and Complaints Committee and details of all decisions taken would be reported at the monthly meetings of the Senior Officers Conduct Sub-Committee.

6. This report does not include a proposal for any further delegation of powers. Therefore decisions as to whether a complaint is suitable for local resolution or whether to apply to the Commission for a dispensation will remain within the jurisdiction of the Senior Officers Conduct Sub-Committee.

C. Race and equality impact

The proposals in this report enhance the Authority’s ability to provide a timely response to complaints, to provide fair and equal treatment to all complainants and hence to help increase public confidence in policing through an improved system of complaints handling. The proposals espouse the recommendations in the report of the Morris Inquiry for the appropriate resolution of complaints.

D. Financial implications

There are no direct financial implications arising from these proposals.

E. Background papers

None.

F. Contact details

Report author(s): Claire L Lister

For more information contact:

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

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