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Challenges to IPCC decisions
Peter Nockolds made this Freedom of Information request to Independent Police Complaints Commission
The request was partially successful.
From: Peter Nockolds
31 January 2012
Dear Independent Police Complaints Commission,
Please can you inform me how many times in the last twelve months a
complainant or appellant to the IPCC has
1 begun a challenge to an IPCC decision under judicial review
pre-action protocol.
2 Requested leave to challenge an IPCC decision at judicial review
from a judge
3 Have been granted leave to mount a judial review against an IPCC
decision
4 How many such judicial reviews have taken place.
5 How many IPCC decisions have been sucessfully challenged at
judicial review
6 On how many occasions has the IPCC amended a decision after a
complainant/appellant begun action under the judicial review
pre-action protocol but not proceded to request a judge for leave
for a judicial review
7 On how many occasions the IPCC has amended a decision after a
judge has granted leave for a judicial review but before a review
has taken place.
decsions of the IPCC have been challenged at judicial review and
how many such challenges have been fully or partially succe3ssful.
Please can you also specify how many
Yours faithfully,
Peter Nockolds
From: Peter Nockolds
29 February 2012
Dear Independent Police Complaints Commission,
I have not received a reply to my FOI request 'Challenges to IPCC
Decisions'. You should have replied by yesterday.
Yours faithfully,
Peter Nockolds
From: Adam Lillis
Independent Police Complaints Commission
1 March 2012
Dear Mr Nockolds,
Thank for your email. I would like to apologise for the delay in responding to your request.
Our Legal department are currently collating the information you have requested and are reviewing the accuracy of the data.
They have informed me that you should expect a full response directly from them within the week.
Kind Regards,
Adam Lillis
Freedom Of Information Officer
Directorate of Business Services
Independent Police Complaints Commission (IPCC)
90 High Holborn
London WC1V 6BH
E-mail: [email address]
www.ipcc.gov.uk
show quoted sections
From: David Emery
Independent Police Complaints Commission
2 March 2012
Dear Mr Nockolds
I am the Head of Legal Services for the IPCC and I write further to your FoI request of 31 January 2012 concerning judicial review statistics. This response is 3 days late and I apologise for this.
Kind regards
David Emery
Head of Legal
Independent Police Complaints Commission
90 High Holborn
London WC1V 6BH
[email address]
show quoted sections
Peter Nockolds left an annotation (11 March 2012)
It would be helpful if those with experience of challenging IPCC decisions could publish a brief onlione DIY guide. I wish to launch a challenge and have only a couple of elementary questions. If anyone from the Police Lawyer's SAction Group is reading this please take note.
From: Peter Nockolds
11 March 2012
Dear David Emery,
I have still not received this information. I am concerned by the
delay. I find that very similar information was published through
the National Audit Office for the year ending 31st March 2008, I do
not see why this information is not readily to hand.
I should inform you that I am currently threatening judicial review
against an IPCC decsion. I have also complained about the decision
and am told that decisons can only be overturned by judicial
review. In fact for the data I have the IPCC amended or overturned
at least 17 decisions for the year ending 31st March 2008. Unless
the law has changed since then I would expect the IPCC to have
amended or overturned some decisions for the time period in
question. If that is the case then your answer would contradict
statements made to me by staff that decisions can only be
overturned by juduicial review. If there is undue delay in
answering a question where the answer calls into questions
statements made by other IPCC staff where the person making such
statements might reasonably have foreseen that they might have
deterred me from pursuing a complaint a complaint I would
respectfully suggest that the the potential for my particular case
to damage public confidence in the integrity of the IPCC will be
increased.
Yours sincerely,
Peter Nockolds
From: David Emery
Independent Police Complaints Commission
12 March 2012
FOI Reply Nockolds March 2012.pdf
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Response to IPCC FoI request number 102948.txt
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Dear Mr Nockolds
I have attached my letter of 2nd March 2012 and the e-mail I sent to you on the same day which attached this letter. I assume from your e-mail below, that the letter was not attached to my 2nd March e-mail. Please let me know if the letter has not been attached this time.
In relation to the points you make in your e-mail below, I am not sighted on what type of IPCC decision you are seeking to challenge by way of judicial review. However, the majority of decisions taken by our casework department cannot be taken again without the court quashing the original decision. This is because these decisions are very often considered 'quasi-judicial' in nature which require a court to quash before the decision can be taken again (this legal principle is often referred to as 'functus officio').
The alternative in relation to quasi-judicial decision-making, is where all parties affected by the original decision agreeing to allow the original decision to be set aside and taken again without the need for judicial review claim to be issued. This occasionally occurs in relation to casework decisions but very often we do not get agreement from all affected parties (e.g. the police force and the individual officers concerned) and therefore, judicial review proceedings are required.
Other types of decision taken by IPCC staff and Commissioners are not quasi-judicial and can be taken again without the need for judicial intervention. These decisions are investigatory or quasi-prosecutorial in nature and the guidance given by the case law is that these decisions do not need to be quashed by a court first before they can be taken again.
I hope this assists.
Kind regards
David Emery
Head of Legal
Independent Police Complaints Commission
90 High Holborn
London WC1V 6BH
Telephone: +44 (0)20 7166 3911(office)
show quoted sections
From: Peter Nockolds
12 March 2012
Dear David Emery,
The information was attached to the letter of 2nd March but the
letter itself didn't make this explicit so my apologies. Your
additional letter is also extremely helpful and I thank you for
this.
The answer to question 6 seems at first sight incomplete so I may
request an internal review.
Yours sincerely,
Peter Nockolds
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Tony Wise left an annotation ( 3 March 2012)
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