Regulation 14 Duty to provide information for other personsI1

England and Wales

(1)

A person has an interest in being kept properly informed about the handling of a complaint, recordable conduct matter or DSI matter which is the subject of an investigation in accordance with the provisions of these Regulations if—

(a)

it appears to the F1Director General or to the Chief Executive that the person is a person falling within paragraph (2) or (3); and

(b)

that person has indicated consent to the provision of information in accordance with this regulation and that consent has not been withdrawn.

(2)

A person falls within this paragraph if, in the case of a complaint or recordable conduct matter, that person—

(a)

is a relative of a person whose death is the alleged result of the conduct complained of, or to which the recordable conduct matter relates;

(b)

is a relative of a person whose serious injury is the alleged result of that conduct and that person is incapable of making a complaint; or

(c)

has suffered serious injury as the alleged result of that conduct.

(3)

A person falls within this paragraph if, in the case of a DSI matter, that person—

(a)

is a relative of a person who has died;

(b)

is a relative of a person who has suffered serious injury and that person is incapable of making a complaint; or

(c)

is the person who has suffered serious injury.

(4)

A person who does not fall within paragraph (2) or (3) has an interest in being kept properly informed about the handling of a complaint, conduct matter or DSI matter if—

(a)

the Director General or the Chief Executive considers that the person has an interest in the handling of the complaint, recordable conduct matter or DSI matter which is sufficient to make it appropriate for information to be provided to that person in accordance with this regulation; and

(b)

that person has indicated consent to the provision of information in accordance with this regulation.

(5)

In relation to a complaint, this regulation confers no rights on the complainant.

(6)

A person who has an interest in being kept properly informed about the handling of a complaint, conduct matter or DSI matter is referred to in this regulation and regulation 15 as an “interested person”.

(7)

Subject to regulation 16 (exceptions to the duty to keep the complainant informed and to provide information for other persons), in any case in which there is an investigation of a complaint, recordable conduct matter or DSI matter in accordance with these Regulations—

(a)

by the Director General; or

(b)

under F2the Director General’s management,

the Director General must provide the interested person with all such information as will keep the interested person properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in paragraph (10).

(8)

Subject to regulation 16, in any case in which there is an investigation of a complaint, recordable conduct matter or DSI matter in accordance with these Regulations—

(a)

by the Chief Executive on the Chief Executive’s own behalf; or

(b)

under the supervision of the Director General,

the Chief Executive must provide the interested person with all such information as will keep the interested person properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in paragraph (10).

(9)

Where paragraph (8) applies—

(a)

the Director General must give the Chief Executive all such directions as F3the Director General considers appropriate for securing that the Chief Executive complies with the Chief Executive’s duty under that paragraph; and

(b)

the Chief Executive must comply with any direction given under this paragraph.

(10)

The matters are—

(a)

the progress of the investigation;

(b)

any provisional findings of the person carrying out the investigation;

(c)

whether the Director General or the Chief Executive has made a determination under regulation 67 (procedure where a conduct matter is revealed during investigation of a DSI matter);

(d)

whether any report has been submitted under regulation 68 (final reports on investigations: complaints and conduct matters) or regulation 71 (final reports on investigations: DSI matters);

(e)

the action (if any) the Director General has taken in respect of any of the matters dealt with in any such report; and

(f)

the outcome of any action.

(11)

Regulation 13(5) (duty to keep complainant informed) applies for the purposes of this regulation, as it applies for the purposes of that regulation.

(12)

In this regulation, “relative” means any spouse, partner, parent or adult child.

Annotations

Textual amendments

F1: Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 36(2)(a) (with regs. 36(4), 37)
F2: Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 36(2)(d) (with regs. 36(4), 37)
F3: Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 36(2)(c) (with reg. 37)

Commencement

I1: Reg. 14 in force at 30.4.2017, see reg. 1