Section 8 (Mandatory Referrals) page 44 - IPCC Statutory Guidance 2013

The request was refused by Independent Office for Police Conduct.

Dear Independent Police Complaints Commission,

On 09/01/14 a serious Formal Complaint was made to the Thames Valley Police (TVP) in writing, which included an allegation of serious corruption; that Formal Complaint was received by the TVP on 10/01/14.

As you are aware, there is a duty 'by law' for any Police Force receiving such an allegation to refer the matter directly to the IPCC, but this did not happen in the matter referred to above. This matter was thereafter awarded the IPCC Reference number: 2014/002250 (by way of an IPCC letter dated 11/02/14) and the eventual TVP Force Reference number of : CO/00612/14 on 04/07/14, when the matter was 'eventually recorded'.

It was then stated in an IPCC letter dated 21/07/14 written and signed by one of your Casework Managers (namely Charles ROBSON) that the Thames Valley Police were going to apply to the IPCC for a dispensation in relation to the 09/01/14 Formal Complaint that they had recorded on 04/07/14 as Force Reference: CO/00612/14, which would in turn 'assist them' in concealing the very serious allegations that had originally been made on 09/01/14, that should have been referred to the IPCC with immediate effect, but never were.

Would you please confirm the following:

(1) On what date did the IPCC take issue with the Thames Valley Police for failing to refer the 09/01/4 Formal Complaint to the IPCC as they were required to do by law?

Please provide a copy of any email or letter in which this was done.

(2) Knowing that the TVP had never referred the 09/01/14 Formal Complaint (that had included an allegation of serious corruption and a relevant offence) to the IPCC as they were required to do 'by law', please explain why one of your Casework Managers (namely Charles Robson) is in agreement the TVP attempting to totally dispense with that very serious Formal Complaint by way of a dispensation application, as has been indicated in his 21/07/14 letter?

(3) The IPCC directed the TVP to record the 09/01/14 Formal Complaint on 15/03/14 (which an IPCC Report of that date also confirms), but they failed to do so until 04/07/14. This created a massive delay 3 months and 19 days in total (i.e. 15 weeks rounded down). Please confirm the date on which the iPCC took issue with the TVP for creating what was a totally unnecessary delay as described in this paragraph?

Please provide a copy of any email or letter in which this was done.

(4) The person who made the 09/01/14 Formal Complaint to the TVP made written representations to the TVP in relation to why this Complaint should not be dispensed with; those details were received via Special Delivery at the TVP HQ on 06/08/14, which at today's date is now 3 months and 13 days ago. Please confirm on which date the TVP applied for a dispensation in relation to the 09/01/14 Formal Complaint, and if none has yet been made (which appears to be the case) please confirm on which date the IPCC chased this matter up with the TVP; as by evidence of your Casework Manager Charles Robson's letter dated 21/07.14, the IPCC was expecting such a request to be made?

Please provide a copy of any email or letter in which this was done.

Yours faithfully,

Ms W E Wilson

!FOI Requests,

This is an automated email please do not respond to it.

Thank you for your email.

If you have made a request for information to the IPCC, your email and any attachments will be assessed logged and forwarded onto the appropriate department to acknowledge and respond to.

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Sarah Ensor,

1 Attachment

Dear Ms Wilson

Thank you for your two requests for information received through www.whatdotheyknow.com<http://www.whatdotheyknow.com>.

Please find my letter attached with further information about your requests.

Yours sincerely

Sarah Ensor
Freedom of Information and Data Protection Officer
Operations Directorate
Independent Police Complaints Commission
PO Box 473
Sale M33 0BW
[email address]<mailto:[email address]>

0161 246 8667

www.ipcc.gov.uk<http://www.ipcc.gov.uk/>
IPCC Statutory Guidance on the handling of police complaints<http://www.ipcc.gov.uk/page/statutory-gu...>
We now regularly publish practical advice and guidance for handling complaints in our magazine FOCUS<http://www.ipcc.gov.uk/page/focus>

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Dear Sarah Ensor,

Thank you for your response of 28 November 2014.

You are correct is assuming that the matter is about a live case.

However, the person who made the Complaint on 9 January 2014 has written to the IPCC many times asking why the Complaint, that should have been sent with immediate effect to the IPCC (by the Force in question) that was not, is now being considered for a disapplication. The IPCC are ignoring that person's letters, which is why I was asked to intervene.

I can appreciate you not wanting to discuss this matter on the Open Forum, but the details described in my original Request are correct on all counts, would the IPCC now contact the person in question in relation to IPCC Reference: 2014/002250 and Force Reference: CO/00612/14, instead of totally ignoring them as the IPCC has thus far done?

Thank you.

Yours sincerely

Ms W E Wilson

Sarah Ensor,

I am away until 9am Thursday 4 December and will respond to your email when I return.

Thank you

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Dear Ms Ensor

You are now back, please provide a response>

Yours faithfully,

Ms W E Wilson

!FOI Requests,

This is an automated email please do not respond to it.

Thank you for your email.

If you have made a request for information to the IPCC, your email and any attachments will be assessed logged and forwarded onto the appropriate department to acknowledge and respond to.

FOI Team

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Sarah Ensor,

2 Attachments

Dear Ms Wilson

Thank you for your emails.
As I explained in my previous letter the IPCC is unable to discuss complaints through What Do They Know.
This is because under the Freedom of Information Act s40(1) personal information is exempt.

However, a person is entitled to ask for whatever personal information the IPCC may hold on them. This is called a subject access request under the Data Protection Act. A subject access request must be made in writing by letter, fax or through a personal email. It will be responded to in 40 days and the IPCC does not charge for this service.

For further information, please see the enclosed documents, Making information available and Access to Personal Data.

Yours sincerely

Sarah Ensor
Freedom of Information and Data Protection Officer
Operations Directorate
Independent Police Complaints Commission
PO Box 473
Sale M33 0BW
[email address]<mailto:[email address]>

0161 246 8667

www.ipcc.gov.uk<http://www.ipcc.gov.uk/>
IPCC Statutory Guidance on the handling of police complaints<http://www.ipcc.gov.uk/page/statutory-gu...>
We now regularly publish practical advice and guidance for handling complaints in our magazine FOCUS<http://www.ipcc.gov.uk/page/focus>

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Dear Sarah Ensor,

Thank you for your help. I am advised that the person in question has now been contacted by the IPCC who has in turn confirmed that the responsibility lies with the Professional Standards Department to refer matters that are required to be referred to the IPCC by law, to the IPCC.

As the Police Force in question has failed to do that (and is actually attempting to dispense with the complaint by way of dis-application) when the Complainant alleged serious corruption (one of the mandatory referral criteria) it is evident that the Force in question is not only willing to 'break the law' but is also attempting to frustrate the Complaint , so that an investigation will be prevented.

The is totally unacceptable, especially in view of all the bad press that the UK Police have recently had,

It appears that this Force really does believe they are untouchable, and that there is one law for 'them' and a completely different one for the rest of us; and I am sure that people who have been imprisoned for committing the same acts that this Force is attempting to cover up, would be very interested to hear that.

I for one would be extremely annoyed if I had 'served time' for having perverted the course of justice (or for attempting to do so, which is a crime of equal severity) when an allegation that a member of Police staff has done the same thing, is being protected by his mates employed in the same Force as him.

Yours sincerely,

Ms W E Wilson

Sarah Ensor,

I am away until 9am Monday 5 January and will respond to your email when I return.

Thank you

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