IN THE FIRST-TIER TRIBUNAL APPEAL: EA/2017/0161

GENERAL REGULATORY CHAMBER

(INFORMATION RIGHTS)

BETWEEN:

Appellant
and

THE INFORMATION COMMISSIONER

Respondent

EXHIBIT A-7
Upheld complaint by IPCC into
police conduct
 I

independent
Our reference number: 2017/082079

annibynnol

PO Box 473
3;
Sale M33 oBW
Se.
Dt\ Blwch Post 473
Sale M33 oBW

29 August 2017 TellFf6n: 0300 020 096

Fax/Ffacs: 0207 166 3306
Text relay/Cyfnewid Testun: 18001 0207166 3000
EmaiI/E-bost: enquiries@ipcc.gsLgov.uk
Dear rv
Web/Gwefan: www.ipcc.gov.uk

This letter is about your appeal against Humberside Police which was
received by the police on 22nd April 2017 and subsequently forwarded to the
IPee for consideration.

The IPee's role, in this case, is to review whether the outcome of the local
resolution was a proper outcome. The IPee have not investigated your
original complaint.

Our legal duties are set out in paragraph 8A of Schedule 3 of the Police
Reform Act 20021. As part of the review we looked at:
whether your complaint was suitable for local resolution;
the representations you gave as part of your appeal saying why the
outcome was not a proper outcome;
whether an action plan was drawn up with your involvement and
agreement setting out the steps to be taken to resolve your complaint;
whether you were given the opportunity to comment on the complaint
during the process;
whether any reason you were given was clear and detailed enough to
deal with your concerns;
whether an apology would have been appropriate, if no apology was
given as part of the outcome;
whether any learning was identified, or should have been identified.

After considering all the information available I have decided to UPHOLD your
appeal because I am not satisfied the substance of your complaint is suitable
for local resolution.

As stipulated in Paragraph 6, Schedule 3 of the Police Reform Act 2002 a

complaint must meet both of the following conditions to be suitable for Local
Resolution:

1 This changes to regulation 28 of the Contractor Regulations 2015 if your complaint was made on or

after 8 April 2015 and relates to a contractor working for the police.

1
 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 complaint 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.

Whilst your complaint does not appear to meet the conditions given above, I
understand that Humberside Police have cited the article in the IPCC
publication FOCUS, Issue 3, concerning complaints that fall outside of the
aforementioned criteria, but where 'exaggerated language' is used, and can
still be locally resolved.

However examples of exaggerated language are where the complainant may

be alleging offences such as perjury or perverting the course of justice, but
the substance of the allegation centres on challenging the decision or action
taken by the police.

In your case the substance of your complaint is that PC Slake is alleged to

have pursued a deliberate course of action to affect the course of justice; by
encouraging a witness to provide a false statement and that your arrest was
unlawful. It is my view that if either allegation was proven it would amount to
the offences alleged and as such are not suitable for Local Resolution.

As a result of this appeal review I will be directing Humberside Police to

carry out an investigation into your complaint.

I note from your original appeal documentation, dated 22 April 2017 and
further representations, dated 13 July 2017, that you appear to provide both
further information in support of your complaint and potentially new complaints
such as collusion between the police and the CPS/Courts concerning the lack
of securing CCTV and rights to legal representation etc.

In the circumstances, and as part of my direction to investigate your

complaint, I will recommend the person appointed to investigate your
complaint [this has to be a person who hasn't participated in attempting Local
Resolution} reviews both sets of your appeal correspondence before finalising
with you details of your complaint and what the investigation will consider.

Whilst Humberside Police already have on file the appeal you submitted on 22
April 2017, I will provide a copy of the additional documentation, dated 13th
July 2017, to Humberside Police for consideration; a copy of which is attached
to this decision letter for your information.

Furthermore, in addition to the complaint not meeting the conditions for Local
Resolution there is insufficient evidence to suggest that, even if your
complaint had met the threshold test, a proper outcome was reached in this
case.

2
Regulation 6 of the Police (Complaints and Misconduct) Regulations 2012
states that the person appointed to deal with a complaint must provide both
the complainant, and person/s complained against, an opportunity to
comment on the complaint.

However there appears to be no evidence of any dialogue between you and

Humberside Police, nor an action plan or details of what steps would be taken
by the 10 to resolve the complaint.

Although I have decided your complaint should be investigated, I will still

provide feedback to Humberside Police about the lack of communication with
you and the importance of giving all complainants an opportunity to feed into
the Local Resolution process, so learning can be taken from this case.

You should now expect Humberside Police to contact you about the actions
that I have asked them to take. If you have not heard from them in 28 days
please contact them directly for an update and to determine who the
appointed Investigating Office will be.

Please be aware you are not able to appeal my decision. However, if you
have any questions or need more information about my decision please
contact me. My details are at the end of this letter.

On a separate note it appears you may also have complaints concerning both
the Crown Prosecution Service (CPS) and the Court. As the IPCC has no
jurisdiction over these two formal bodies, please make your complaints
directly to them.

Lastly please be aware that if you have posted any paperwork to the IPCC,
they will have been electronically copied and the original papers will be
securely destroyed in accordance with the IPCC destruction policy. If you
would like to have your original papers returned to you, you must notify the
IPCC within 21 days of the date of this letter. Your papers will then be
returned by standard delivery post.

Yours sincerely
~

Anne Farr (Mrs)

Casework Manager
Independent Police Complaints Commission (IPCC)
PO Box 473
Sale
M330BW

Tel: 020 7166 3228

Fax: 020 71663621
E-mail: AnneJarr@ipcc.gsi.gov.uk

www.iPCC.gov.uk
Find the IPCC's guidance on handling complaints here: w\lvw.ipcc.gov.ukloage/statutory-
guidance

Enc. Copies of the appeal documentation, dated 13 July 2017 & Local Resolution FAQ Sheet.