Independent Police Complaints Commission referrals & appeals data

Report: 5
Date: 9 March 2006
By: the Independent Police Complaints Commission (IPCC)

Summary

This report provides data from the Independent Police Complaints Commission (IPCC) on appeals, referrals, dispensations and discontinuances received for a number of forces including the Metropolitan Police. The data covers two periods, the first from 1 April 2004 to 31 March 2005 and the second from 1 April 2005 to 31 January 2006.

A. Recommendations

That the report be received.

B. Supporting information

1. Comparative data on the individual police forces is provided following a request from the Metropolitan Police Authority identifying specific forces from whom they wished to see data.

2. Several factors should be borne in mind before any conclusions are drawn from the data. This report does not cover details such as the number of police officers employed by the individual forces or how they are employed. Neither does the report detail the number of complaints received by the forces for the time periods identified.

3. Additional factors such as the make up of the populace within police force regional areas, the particular concerns or issues faced by the individual forces in policing their areas are not dealt with in this report and may affect the drawing of any conclusions about the information and what, comparatively, it may represent. Factors such as the willingness of complainants to engage in the complaints system within each of these force areas or knowledge and understanding of the complaint system could also have an influence. This list of factors is not exclusive and other considerations, not noted here, may also be deemed relevant when looking at the data.

4. The information provided in these tables reflects the best current information held by the IPCC.

Referrals

5. Referrals relate to complaints or conduct matters referred to the IPCC based upon criteria set out within the Police Reform Act and its accompanying regulations. Referrals are either mandatory or voluntary and the Commission has the remit to call in any complaint or conduct matter for consideration.

6. The IPCC has a duty under the Police Reform Act to consider the referral and make a decision on a mode of investigation. The modes of investigation to consider are a local investigation conducted by the police force without the involvement of the IPCC; a supervised investigation, conducted by the police with oversight by the IPCC; a managed investigation conducted by a police force under the direction and control of the IPCC and an independent investigation conducted by the IPCC’s own investigators. The IPCC may alternatively make a determination that it is not necessary for the matter to be investigated and send a referral back to the force for them to deal with; for example, the force may decide local resolution is appropriate.

7. In the case of referrals, decisions made on the mode of investigation by the IPCC will be determined on the basis of the seriousness of the allegation and the circumstances surrounding the incident leading to the alleged complaint or conduct matter. The decision may also be affected by specific regional knowledge and any particular concerns the Commission may have with regard to that force and the type of allegation being referred to the Commission. For example, the Commission may have an interest in certain matters being referred to it, which may have an effect on the level of investigation determined.

• Metropolitan Police Service (MPS)
• West Midlands Police (WMP)
• Greater Manchester Police (GMP)
• Merseyside Police (MP)
• West Yorkshire Police (WYP)

Referral decisions made between 1/4/04 and 31/3/05

Referral decisions made between 1/4/05 and 31/1/06

8. The total number of referrals in these tables reflects the number of referrals received by the IPCC for the two periods shown where a decision has been made on a referral.

Appeals

9. The IPCC has an appellate function in addition to its investigative function. Three types of appeals can be made to the Commission:

• Appeals against Local Resolution are considered where a person making a complaint has opted for local resolution of their complaint but following this raises concerns about the process followed.
• Appeals against the non recording of a complaint where a complainant is notified by a police force that following the making of a complaint no investigation will be conducted in respect of that complaint.
• Appeals against investigation. This only applies to those complaints subject of a local or supervised investigation. The appeal covers the information provided at the conclusion of the investigation, the findings and outcome of the investigation.

10. The data on appeals is presented by type of appeal and includes details of the number of appeals upheld and those not upheld. An additional outcome of ‘not valid’ is noted and this relates to those appeals not considered to be valid, the most common example of which is where an appeal has been received outside of the 28-day period given to make an appeal. Note that the appeal data shows only those appeals where an outcome has been reached.

Appeals received between 1/04/04 and 31/4/05

Appeals received between 1/04/05 and 31/1/06

Dispensations and discontinuances

11. Dispensations and discontinuances are applications made by police forces to the IPCC which, if granted by the Commission, would allow a police force respectively to either take no further action in respect of a complaint or to cease on ongoing investigation of a complaint. There are set grounds on which the applications must be made.

12. The data in the following tables relates to the number of applications received during the two periods. A separate column relates to those applications still shown as pending an outcome. The two outcomes for these applications are either approval or refusal.

Dispensations and discontinuances received between 1/4/04 and 31/3/05

Dispensations and discontinuances received between 1/4/05 and 31/1/06

C. Race and equality impact

None available from the information provided although further analysis of the data may identify race and equalities issues.

D. Financial implications

None

E. Background papers

None.

F. Contact details

Report author(s): Karen Wood, IPCC Policy Officer

For more information contact:

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

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