Recording complaints wrongly & High Court case between North Yorkshire Police Authority v IPCC (Jordan) 2010)

Dan Stevens (Account suspended) made this Freedom of Information request to Humberside Police

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

Dan Stevens (Account suspended)

Dear Humberside Police,

The document below provides evidence that Humberside Police's Professional Standards Department, either through ignorance or for some ulterior motive classifies complaints wrongly.

http://www.scribd.com/doc/209236996/Poli...

It seems the force is classifying complaints as organisational decisions (direction and control) when clearly they are conduct matters. If complaints were correctly classified as "conduct matters" then there would be a right of appeal to the Independent Police Complaints Commission (IPCC)

The Police Reform Act 2002 was amended by Paragraph 5(2) Schedule 14 of the Police Reform and Social Responsibility Act 2011 so that where a complaint relates to a direction and control matter, there is no obligation for the police to refer the complaint to the IPCC.

The relevant case law for defining direction and control complaints, as opposed to conduct matters is (North Yorkshire Police Authority v IPCC (Jordan) 2010),

http://www.bailii.org/ew/cases/EWHC/admi...

the IPCC explains more. https://www.ipcc.gov.uk/sites/default/fi...

In light of this, please supply any guidance on which Humberside Police's Professional Standards Department relies when recording complaints about the force.

Yours faithfully,

Dan Stevens

Green, James 8935,

Your Ref:
Our Ref:F-2014-00346

05 March, 2014

Dear Mr. Stevens,

Thank you for your request for information dated 05 March, 2014 concerning:

Information regarding PSB complaints policy.

I do not believe your request complies with s 8 of the Act. Please can you provide ID to show you are Mr Dan Stevens.

You may also wish to review the current ICO guidance on using pseudonyms in relation to Freedom of Information requests (link below).

http://ico.org.uk/foikb/PolicyLines/FOIP...

If no response is received within a 20 day period, we will assume that you no longer require the information and the request will be closed.

Should you have any queries in relation to this, please do not hesitate to contact me.

Yours sincerely,

James Green
Information Compliance Officer
+44 (1482) 578006
Humberside Police
Corporate Development Branch
Information Compliance Unit
Priory Road
Kingston Upon Hull
HU5 5SF
Fax:+44 (1482) 305002

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Arnold Layne (Account suspended) left an annotation ()

Dan!

I should submit the same (or similar) request to the Home Dept. and/or the Independent Police Complaints Commission.

They might take a less childish approach to FoI requests and be mindful that a public service does not exists merely to serve the ones working within it.

Dan Stevens (Account suspended) left an annotation ()

Because Humberside Police were obstructive and would not disclose the requested information, the same request was made to the Independent Police Complaints Commission (IPCC).

It was less obstructive and its response reveals that the legislation police force's apply in order to get out the firing line of public scrutiny has been grossly abused:

https://www.whatdotheyknow.com/request/2...

Becky Saunder (Account suspended) left an annotation ()

The link to the Home Office circular, 19/2005 (Guidance on the Handling of Complaints Relating to the Direction and Control...) appears not to work in the IPCC pdf link.

I believe this one does:

https://www.gov.uk/government/uploads/sy...

Dan Stevens (Account suspended) left an annotation ()

Appreciate the link, thanks.

Alf Robinson left an annotation ()

Doesn't look like Lincolnshire Police force has the same "cover up" tendencies as Humberside.

http://www.grimsbytelegraph.co.uk/Lincol...

Ronald Sanderson left an annotation ()

The Bailii link to the case (North Yorkshire Police Authority v IPCC (Jordan) 2010), does not work.

See:

http://www.bailii.org/ew/cases/EWHC/admi...