Witnesses Permitted to Make Complaint Against Police

Our Ref : 1002068

9th March 2010

[email address]

Dear Mr Taylor,

Re: Your request

Thank you for your email dated 9th March 2010, which you make a request
for
information which I now confirm receipt of.

I would like to inform you that there will be a delay in responding to
your request.
The reason for this delay is because the IPCC has over recent months
seen an increase
in the number of information requests it receives and this has in effect
caused a
delay in responding to requests.

I would like to assure you that your request is being processed and once
a decision
has been finalised you will be contacted. I would like to apologies for
the delay and
hope that this does not cause you any inconvenience.

Yours sincerely

Athena Cass
Freedom of Information Team
Independent Police Complaints Commission

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Dear Mr Taylor,
Please find attached to this letter my response to your FOIA request. I
am sorry about the delay in replying.

<<Taylor, R 1002068 - decision ltr.pdf>>

Philip Johnston
Independent Police Complaints Commission
90 High Holborn
London
WC1V 6BH

Direct Line: 0207 166 3063
Fax: 0207 166 3363
E mail for IPCC FoI Unit: [IPCC request email]

From: Richard Taylor
<mailto:[FOI #30378 email]>
To: !FOI Requests <mailto:!FOI Requests[EX:/O=IPCC/OU=FIRST
ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=FOI]>
Cc:
Sent: 09/03/2010 at 03:02
Received: 09/03/2010 at 07:14
Subject: New FOI Request - Freedom of Information request -
Witnesses Permitted to Make Complaint Against Police

Dear Independent Police Complaints Commission,

I am requesting the release of information relating to the classes
of individual who are able to make a complaint about the police in
relation to a particular occurrence.

Section 12(1)(c) of the Police Reform Act 2002 expanded the classes
of individuals able to make a complaint to include third party
witnesses. That provision states that "a member of the public who
claims to have witnessed the conduct" is able to make a complaint
against a police officer (1).

The IPCC's guidance (2) appears to me to be more restrictive than
that in the act as it states "you can make a complaint if [...] you
were present when the alleged inappropriate conduct occurred, close
enough to see or hear the inappropriate conduct ...".

I am aware that one force requires that complainants have
"witnessed the incident first hand" in order to accept and record a
complaint. (3)

Specifically it appears to me that the Police Reform Act definition
doesn't preclude those witnessing video footage of an occurrence
making a complaint relating to it whereas the IPCC guidance, and
the quote from the specific force cited, does.

In relation to the above could you please release:
i/ Any information on which the IPCC's guidance is based and/or any
information which supports the position taken by its guidance.

ii/ Correspondence sent by the IPCC to any police force or forces
clarifying the position.

iii/ Any statistics held by the IPCC which may assist me in
determining how many complaints are not considered valid due to a
complainant not being considered a direct witness of the
occurrence.

Many thanks,

--

Richard Taylor
Cambridge
http://www.rtaylor.co.uk

1.http://www.opsi.gov.uk/Acts/acts2002/ukp...
2.http://www.ipcc.gov.uk/index/complaints/...
3.http://www.whatdotheyknow.com/request/29...
/4/Freedom%20of%20Information%20Application%20Response%202344%2010.doc.h
tml

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