Regulation 19 Withdrawn complaints
This regulation applies where the Minister receives a notification signed by the complainant or the complainant’s solicitor or other authorised agent on the complainant’s behalf that the complainant—
withdraws the complaint; or
does not wish any further steps to be taken.
The Minister must record the withdrawal or the fact that the complainant does not wish any further steps to be taken and, subject to the following provisions of this regulation, these Regulations cease to apply in respect of that complaint.
Where the notification mentioned in paragraph (1) relates to a complaint which—
was referred to the Director General under regulation 24 or is being treated by the Director General as having been so referred under regulation 25; and
has not been referred to the Minister under regulation 26(2),
the Minister must notify the Director General that the Minister has recorded the withdrawal or the fact that the complainant does not wish any further steps to be taken.
Where the notification mentioned in paragraph (1) relates to a complaint which the Minister knows is subject to a review under regulation 80, the Minister must notify the Director General that the Minister has recorded the withdrawal or the fact that the complainant does not wish any further steps to be taken.
In a case falling within paragraph (3) or paragraphs (3) and (4), the Director General must—
determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter; and
notify the Minister of the Director General’s determination.
In a case falling within paragraph (4) (but not also paragraph (3)), the Minister must—
determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter; and
notify the Director General of that determination and the reasons for it.
Where the notification mentioned in paragraph (1) relates to a complaint which does not fall within paragraph (3) or (4), the Minister must determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter.
Where a determination is made under paragraph (5), (6) or (7) that it is in the public interest for the complaint is to be treated as a recordable conduct matter, regulations 21, 22, 23, 28, 29 and 30 apply to that matter.
Where—
a complaint is subject to a review by the Director General under regulation 80; and
the Minister notifies the Director General under paragraph (6)(b) that the Minister has determined that the complaint is not to be treated as a recordable conduct matter,
the Director General must consider whether it is in the public interest for that determination to be reversed and, if so, the Director General must instruct the Minister to reverse the determination.
Subject to paragraph (11), the Minister must notify the person complained against if—
the Minister records the withdrawal of the complaint or the fact that the complainant does not wish any further steps to be taken;
a determination is made under paragraph (5), (6) or (7) that it is in the public interest for the complaint to be treated as a recordable conduct matter;
the Director General instructs the Minister to reverse a determination not to treat the complaint as a recordable conduct matter;
the provisions of these Regulations cease to apply to the complaint.
Nothing in paragraph (10) requires the Minister to make a notification if the Minister believes that to do so—
might prejudice any criminal investigation or pending proceedings; or
would otherwise be contrary to the public interest.