ACC Bacon - copy of your decision/s and rationale for dealing with a complaint (against your Boss CC Winton Keenen) by way of local resolution

Martin McGartland (Account suspended) made this Freedom of Information request to Northumbria Police

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by Northumbria Police.

Martin McGartland (Account suspended)

Martin McGartland

03 October 2018

Dear ACC Bacon,

Under the FOIA I would like copy of your decision/s and rationale for dealing with a complaint (against your Boss CC Winton Keenen) by way of local resolution when you will be aware that local resolution would not be suitable for serious complaint/s. Complaints can be locally resolved only if the alleged conduct, even if proven, would not justify the bringing of disciplinary... proceedings.

This request is for copies of original documents which relate to this request.

Yours faithfully,

Martin McGartland

Martin McGartland (Account suspended) left an annotation ()

It is also very relevant to place on record Vera Baird's resent public comments concerning complaints against the police, i.e. 'APCC’S RESPONSE TO THE INDEPENDENT OFFICE FOR POLICE CONDUCT’S COMPLAINTS REPORT' Which includes; APCC Deputy Lead for Transparency and Integrity, Dame Vera Baird QC PCC said:

“There is a simple concept when dealing with complaints, make sure they are dealt with efficiently, thoroughly and fairly – if the police have got it wrong, don’t be afraid to say so. Here in Northumbria, our complaints triage team have been delivering this ethos since 2014 – and it’s now part of the Governments new national model, so it’s proved to work. It’s about restoring the complainant’s faith in the service that they are complaining about.

“The IOPC make a number of valid points, but they need to recognise that change is happening and PCCs are leading this. Going forward, I want to see PCCs challenge their forces when bureaucracy and legal jargon gets in the way of putting the public first, in Northumbria we keep the public we serve at the heart of everything we do. “The IOPC are right when they say lessons need to be learnt from complaints – that’s the only way forces can get better. Every complaint should offer a challenge of how to improve further. Under the leadership of Mike Lockwood, I am confident that we will see a changed culture at the IOPC which will also be reflected in forces across England and Wales.”

Page link Here; http://www.apccs.police.uk/latest-news/a...

I have made a number of serious complaints to Vera Baird over the years which relate to very serious corruption, failures in my attempted murder investigation, serious failures regards me as victim, NP smear / dirty tricks campaign against me (and the ongoing 19 year cover up of it), NP protecting suspects from arrests as well as IRA terrorists who tried to murder me, obstruction of the investigations Etc

Vera Baird (as well as others acting on her behalf) have failed at every stage to properly record or investigate those complaints. This, I am clear, was to protect her corrupt force, officers who I complained about. All complaints were Whitewashed and covered up in one way or another by Vera Baird and Co. She also has very deliberately circumvented, when she was well aware my complaints were not suitable, local resolution (LR) so that no proper investigations (Again, I say, for above reasons) were ever carried out.

Vera Baird is much more aware than most that LR is not suitable - as with my complaints - (and as the IPCC/IOPC have made clear in one of their upheld latest decisions in my case against her) for complaints, if proven, could potentially lead to disciplinary proceedings. In their 13 September 2018 decision (in which they upheld my appeal against OPCC / PCC Baird) the IOPC / IPCC also stated; 'As far as I can be seen from the background papers , the OPCC has not made any enquiries or conducted any scoping exercise to ascertain whether there is any merit in your allegations that Mr Ashman was aware of the findings of the report and ignored them, nor any attempt made to ascertain how they can be 'resolved'. And the IPCC /IOPC also stated; 'Furthermore, importantly, there is no indication that OPCC has attempted to engage with you to take part in the local resolution process. Plus, no action plan on how to conduct the local resolution has been agreed between you. These are both essential actions expected of local resolution process, yet neither have been conducted.'

Vera Baird above public and following comments; “There is a simple concept when dealing with complaints, make sure they are dealt with efficiently, thoroughly and fairly.' Are pure Poppycock - not worth the paper they are written on so far as the way so, her office has deal with my complaints over the years. Has she dealt with my complaints 'efficiently' ? Absolutely Not. 'Thoroughly'? Absolutely Not. And not at all. 'Fairly.'? All she (others acting on her behalf) has done with my complaints is Cover Up, Whitewash and protect her corrupt force, the corrupt officers I complained about. And she (they) have also ignored evidence (including independent evidence) which supported my complaints.

Martin McGartland (Account suspended) left an annotation ()

The IPCC / IOPC Statutory Guidance is very clear (as is known to QC Vera Baird, ACC Bacon and Winton Keenen) Note States -

Local resolution
3.36 If a complaint does not need to be referred to the IPCC (and is unlikely to result in
voluntary referral), the appropriate authority must decide whether it is suitable for
local resolution. For information about local resolution see section 5.

5.1 The great majority of complaints will not need to be referred to the IPCC and will be
handled, at least initially, by the appropriate authority (usually forces themselves).
Local handling covers a wide range of activity. Some can be dealt with through local
resolution. This is a process which focuses on resolving the complaint in the most
appropriate way, and which therefore allows the appropriate authority to work with
a complainant to take the necessary action (see below for more detail). However,
local resolution cannot be used for complaints that reach a certain threshold of
seriousness. Those complaints must be dealt with by a formal local investigation,
which may result in disciplinary or criminal sanctions, and carry a right of appeal
to the IPCC if the complainant is dissatisfied with the outcome.

5.2 It is important that appropriate authorities understand which complaints can be
dealt with by local resolution and which require investigation. This section describes
the process of local resolution and the threshold test to be applied in using it.
Section 9 describes the process of local investigation.

5.3 The primary focus of the person handling a complaint, regardless of the process
followed, should be to resolve the complaint.

5.4 When a complaint is made, the person dealing with it should establish exactly what the
complaint is about and what the complainant would regard as a satisfactory outcome.
A personal approach to this is more likely to be successful than sending a letter as a
conversation will allow for any issues or concerns to be explored in more detail.

..... .........

................................

Local resolution

5.8 Local resolution is a flexible process that can be adapted to the needs of the
complainant. The complaint will be handled in the main at a local managerial level,
not within professional standards departments.

5.9 Although local resolution will not result in disciplinary proceedings, the manager of the
person complained about may take management action or formal action under the
unsatisfactory performance procedures (for police officers) or capability procedures
(for police staff members) during, or as a result of, the complaints process.
Complaints suitable for local resolution

5.10 When a complaint has been recorded and there is no requirement to refer it to the
IPCC and it is not being referred voluntarily, the appropriate authority must decide
whether the complaint is suitable for local resolution.

When a complaint has been recorded and there is no requirement to refer it to the
IPCC and it is not being referred voluntarily, the appropriate authority must decide
whether the complaint is suitable for local resolution.
A complaint must meet both of the following conditions to be suitable for
local resolution:
• the appropriate authority is satisfied that the conduct that is being complained
about (even if it were proved) would not justify bringing criminal or disciplinary
proceedings against the person whose conduct is complained about; and
• the appropriate authority is satisfied that the conduct complained about (even
if it were proved) would not involve the infringement of a person’s rights under
Article 2 or 3 of the European Convention on Human Rights.
If a complaint does not meet these conditions, it is not suitable for local resolution
and must be investigated by the appropriate authority.
Paragraph 6, Schedule 3, Police Reform Act 2002

5.11 This assessment should be made taking the complaint at face value. If a complaint
meets these conditions, it may be dealt with by way of local resolution, and the
expectation is that it will be locally resolved unless there is a reason why this is not
possible. If there is doubt whether a complaint satisfies either of the conditions, it is
advisable to err on the side of caution and not treat it as suitable for local resolution.

5.12 Where a pattern of behaviour is identified in a person serving with the police, the
person determining whether the complaint is suitable for local resolution should
consider carefully whether local resolution is appropriate. Local resolution may be the
proportionate response, for example to a complaint of incivility. However, if there have
been similar or previous complaints that have also been resolved locally the IPCC
encourages the appropriate authority to consider whether there are underlying
reasons for the pattern of behaviour which may justify the bringing of disciplinary
proceedings in respect of the latest conduct complained about.
.........

.................... I rely on all of the Statutory Guidance (including below).....

The link to most up to date Statutory Guidance on local resolution is here (see page 24 3.36, page/s 30 to 35 5.1 to 2.25 etc ) : https://www.policeconduct.gov.uk/sites/d...

Martin McGartland (Account suspended) left an annotation ()

This is the Vera Baird, ACC Bacon WHITEWASH, COVER UP and BOTCHED Report ..... all to PROTECT Winton Keenen from investigation - see here: https://www.scribd.com/document/40049268...

Martin McGartland (Account suspended) left an annotation ()

Corrupt Northumbria Police (and its useless and also Corrupt Crime Department) in the news again:
"Police failings shock: Blunders see gang accused of trafficking and raping girls walk free
Northumbria Police's Operation Optic, an investigation into the sexual abuse and exploitation of vulnerable girls, has ended in embarrassing failure" Link to story; https://www.chroniclelive.co.uk/news/nor...

And yet Dame Vera Baird, the queen of self promotion and photo opportunities, is no where to be seen ...

The Story Text:

Police failings shock: Blunders see gang accused of trafficking and raping girls walk free
Northumbria Police's Operation Optic, an investigation into the sexual abuse and exploitation of vulnerable girls, has ended in embarrassing failure

Evening Chronicle - By Rob Kennedy,
18:00, 7 MAR 2019

Police failings have led to the dramatic collapse of a series of trials against a group of men accused of trafficking, grooming and raping girls in Newcastle.

A number of people were charged with extremely serious offences as part of Northumbria Police's Operation Optic, which involved allegations of vulnerable girls being sexually exploited and abused.

Reporting restrictions have meant we were unable to report anything about the cases until a series of three trials were complete.

The first trial has been taking place at Newcastle Crown Court since January but, we can now reveal, has been beset with problems and five separate juries have been sworn in to try the case.

However, it has now emerged that police failings on how evidence was recorded, secured and disclosed to defence teams left prosecutors with no alternative but to drop the case against all defendants.

As a result, all of those who were standing trial or were due to stand trial, have been acquitted of all charges and walked free.

It is estimated the police blunders will have cost taxpayers huge sums after the four-year investigation ended in embarrassing failure.

Police said they have apologised to the complainants in the case and are carrying out a review.

Chief Superintendent Scott Hall, head of Northumbria Police’s safeguarding department, said: “First and foremost, I want to acknowledge the bravery of the victims in these cases and we remain committed to ensuring they receive any support they may require.

"We have visited each to apologise for police failings which resulted in the cases not going ahead at court.

"These centred around how some evidence had been secured without meeting strict guidelines governing investigations.

"We will now conduct a review to understand how the failings occurred and it would therefore be inappropriate to comment any further at this stage.”

It is understood that, independent of the wider review, Northumbria Police's professional standards department are conducting an investigation and if any misconduct issues are identified as a result, these will be addressed appropriately.

Operation Optic came about as a result of Operation Sanctuary, for which seventeen men and one woman were jailed in 2017 for the sexual abuse and exploitation of girls and young women in Newcastle.

The case against the men who had been on trial since January collapsed on Monday but we had to wait until the charges were dropped against the other defendants before we could report what had happened.

On Monday, trial judge Robert Adams told jurors: "There has been a significant development in this court.

"The prosecution have a duty to review the case continually during the trial, against each defendant.

"In respect of counts where there is no evidence at all, you have already returned not guilty verdicts.

"In respect of the remaining counts, there was some evidence given by the complainant to you but in respect of each allegation, you may have concluded there were some problems concerning the evidence given by (the complainant).

"During last week a number of officers were cross-examined about the investigation process in relation to the recording of inquiries made, or, as the case may be, not made.

"The investigation must be transparent and must be fair.

"There must be integrity and the process must be able to stand up to scrutiny.

"Very properly, prosecutors have reviewed the case and concluded there is no reasonable prospect of a proper conviction in respect of any individual."

The judge directed the jury to find the men not guilty on all charges.

A CPS spokesperson said: “During the course of this trial, it emerged that some of the evidence in these cases had not been secured in accordance with the strict guidelines governing police investigations.

“Given the significance of the issues that came to light, there was no longer a realistic prospect of securing a conviction in each case and the Crown took the appropriate decision to formally offer no evidence against the defendants.”
The link to Story: https://www.chroniclelive.co.uk/news/nor...