Direct Communications Unit

2 Marsham Street, London SW1P 4DF

Switchboard 020 7035 4848 Fax: 020 7035 4745 Textphone: 020 7035 4742

E-mail: xxxxxx.xxxxxxxxx@xxxxxxxxxx.xxx.xxx.xx Website: www.homeoffice.gov.uk

xxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx

Tony Pendragon

Reference: T19242/8

Dear Mr Pendragon,

Thank you for your e-mail that has been received at the Home Office on 29 August 2008 in which you requested information on how the Home Office ensures full and effective scrutiny of the Independent Police Complaints Commission (IPCC).

Although the Home Office holds responsibility for the policy for policing issues it is IPCC that holds sole statutory ownership of the police complaints system including the issue of statutory guidance on the handling of complaints.

The IPCC is a Non-Departmental Public Body (NDPB), accountable to Parliament and sponsored by the Home Office, however by law, the IPCC entirely independent of the police, interest groups and political parties and whose decisions on cases are free from government involvement. The Home Office and its Ministers are not able to act as an avenue of appeal, and have no power to influence or intervene in any investigations or decisions made by the IPCC. IPCC decisions on cases can not be overturned apart from through the courts.

The IPCC established by the Chapter 30, Part 2 of the Police Reform Act 2002 (http://www.opsi.gov.uk/Acts/acts2002/ukpga_20020030_en_1) and became operational on 1 April 2004. It has a legal duty to oversee the whole of the police complaints system and its aim is to transform the way in which complaints against the police are handled. In April 2006, the IPCC's remit was extended to include the Serious Organised Crime Agency (SOCA) and Her Majesty's Revenue and Customs (HMRC) and in 2007, UKBA. Further information can be obtained by writing to the IPCC at 90 High Holborn, London WC1V 6BH or via the telephone on 08453 002002 or from their website: www.ipcc.gov.uk.

The IPCC may refer the complaint to another force to investigate or under take the investigation themselves.

All criminal allegations will be referred to the police to investigate. If there is sufficient evidence to prosecute, the matter will then be referred to the Courts to decide.

The IPCC is subject to scrutiny and accountability and as in the case of all NDPBs are required to adhere to the basic principles of Risk Management Policy that include:

The IPCC is expected to manage its own information assets and risks to a minimum level of the policies and standards used within the Home Office.

If you are dissatisfied with this response you may request an independent internal review of our handling of your request by submitting your complaint within two months to the below address quoting reference case register reference:10163

Information Rights Team
Information and Record Management Service
Home Office
4th Floor, Seacole Building
2 Marsham Street
London
SW1P 4DF

Email: xxxx.xxxxxx@xxxxxxxxxx.xxx.xxx.xx

During the independent review the department's handling of your information request will be reassessed by staff who were not involved in providing you with this response. Should you remain dissatisfied after this internal review, you will have a right of complaint to the Information Commissioner as established by section 50 of the Freedom of Information Act.

In keeping with the spirit and effect of the Freedom of Information Act, all information is assumed to be releasable to the public unless exempt. The department therefore, will be simultaneously releasing to the public the information you requested together with any related information that will provide a key to its wider context.

I hope that you find this information of interest, and would like to assure you that you have been supplied with all relevant information that the Home Office holds.

Yours sincerely

S John