'investigation' by police officers under investigation
Dear Sir or Madam,
I ask to be provided all information in relation to the IPCC's approach to fairness in the following scenarios:
In general terms (not specific to the case involving MPS DPS Mike Belej) what is the IPCC position, policy or opinion about a police officer, in respect of whom a complainant has an ongoing complaint, being assigned to ‘investigate’ a new but related complaint made by the same complainant. I anticipate that the IPCC have encountered this situation before and having considered same. I also ask to be provided all information that the IPCC holds in respect of this subject
Additionally, what is (or would be) the IPCC position, policy or opinion about an IPCC member of staff , in respect of whom a complainant has an ongoing complaint, being assigned to ‘investigate’ (oversee or be associated with) a new but related complaint made by the same complainant.
I am seeking information relating to the IPCC’s approach to and consideration of ‘clean hands’, impartiality, appropriateness and the consideration of such people being excluded from direct, or indirect, involvement in the complaints process.
Yours faithfully,
P Swift
Dear Sir or Madam,
I refer to your statement:
"We aim to send you a substantive reply to your request within 20 working days of our receiving it on 14th October 2009. Therefore, you should receive a substantive response by 11th November 2009. You will be contacted again by IPCC shortly."
you have failed to provide the information or afford the courtesy of an update to advise of and explain the delay.
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Independent Police Complaints Commission's handling of my FOI request ''investigation' by police officers under investigation'.
A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/in...
Yours faithfully,
P Swift
Dear Mr Swift,
Thank you for your e-mail of 14 October 2009 in which you ask for
information under the provisions of the Freedom of Information Act 2000.
I would like to apologise for the delay in dealing with your request.
This is the result of the large number of requests for information
received by the IPCC in recent months which has resulted in a
significant backlog of work. In addition, many of the requests we have
received have taken some time to complete due to the amount and
complexity of information requested in individual cases.
I will deal with each of your requests separately:
1. A copy of the IPCC written policy about a police officer against whom
a complainant has made a complaint investigating a new but related
complaint from the complainant.
The IPCC has no written policy or guidance covering this situation.
Therefore, this information is not held by the IPCC.
Regulation 18 of the Police (Complaints and Misconduct) Regulations 2004
concerns the Appointment of persons to carry out investigations. In
summary the only circumstances in which a person would not be appointed
to investigate would be where:
(a) they did not have the appropriate level of knowledge, skills and
experience to plan and conduct the investigation and to manage the
resources required in that process;
(b) there were social, financial or other connection, in work or
outside, with the person whose conduct was being investigated which
could, on an objective appraisal of the material facts, give rise to a
legitimate fear as to whether the investigation can be carried out
impartially;
(c) the person worked, directly or indirectly, under the management of
the person whose conduct was being investigated;
(d) the person who is the subject of the investigation is a senior
police officer, and is a member of a force other than the metropolitan
police force, if he is a member of the same force as that person.
The only other legislative consideration is contained within the Police
Reform Act 2002 as amended in Schedule 3, paragraph 8(6) and is specific
to the local resolution of complaints. Legislation states that 'a person
who has participated in any attempt to resolve a complaint using local
resolution shall be disqualified for appointment under any provision of
this Schedule to investigate that complaint, or to assist with the
carrying out of the investigation of that complaint.'
2. Policy about IPCC member of staff against whom a complainant has made
a complaint investigating a new but related complaint from the
complainant.
The IPCC has no specific policy or guidance on circumstances involving
the investigation of a new complaint where the complainant has
previously complained about an involved IPCC member of staff. Therefore,
this information is not held by the IPCC.
Although not the same circumstances, as it does not arise from a
situation where there has been a complaint, in relation to appeals on
supervised investigations there is specific guidance about handling in
that a different Commissioner and different casework manager will be
allocated to review the appeal. This is set out in the casework appeals
manual. Please see below link for information.
http://www.ipcc.gov.uk/appeals_section_-...
3. The IPCC approach to impartiality and consideration of excluding the
above people from direct or indirect involvement in the complaints
process.
The IPCC does not have an approach that excludes people who have been
complained about from any direct or indirect involvement in the
complaints process. Therefore, this information is not held by the IPCC.
Where concerns have been raised by a complainant about the person
dealing with their complaint, the involvement of that person in any
future related complaints made by the complainant; would require a case
by case assessment. There is no blanket policy or guidance that would
exclude anyone who had been complained about being involved further in
the complaints process.
I have carefully considered your request under the provisions of the
Freedom of Information Act. If you are not satisfied with this response
you may request an independent internal review by our FOI appeals
officer, who has had no involvement in dealing with your request.
If you wish to appeal against this decision, please contact:
Freedom of Information Act Appeals
IPCC
90 High Holborn
London
WC1V 6BH
E mails should be clearly marked 'Appeal against FOI decision' and sent
to: [IPCC request email].
Should you remain dissatisfied after this internal review, you will have
a right of complaint to the Information Commissioner; however, I should
point out that under section 50(2)(a) of the Freedom of Information Act,
you are obliged to exhaust the IPCC's own internal complaint mechanism
before complaining to the Information Commissioner.
Kindly note that although we do not hold the information requested we
have provided you with advice and assistance under section 16 of the
Freedom of Information Act.
Yours sincerely,
Ms V Parker
Freedom of Information Officer
Independent Police Complaints Commission
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Dear Vangie Parker,
if you permit IPCC staff about whom a complainant has complained to be involved in subsequent issues raised by the complainant, I would suggest 'independence' is undermined. In what way do you consider such a person could be 'free from influence'?
It comes as no surprise that this is not a consideration of the IPCC.
with regard to the delay, this is unacceptable. You are effectively policing the police yet do not comply with legislation.
Yours sincerely,
P Swift
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