Regulation 20 Failure to record a complaintI1

England and Wales

(1)

This regulation applies where anything which is or purports to be a complaint in relation to which regulation 18 (initial handling and recording of complaints) has effect is received by the Chief Executive (whether in consequence of having been made directly or of a notification under that regulation).

(2)

If the Chief Executive decides not to record the whole or any part of what has been received, the Chief Executive must notify the complainant of the following matters—

(a)

the decision not to record the whole or part of what was received;

(b)

if the decision relates to part of what was received, the part in question;

(c)

the grounds on which the decision was made; and

(d)

that complainant’s right to appeal against the decision under this regulation.

(3)

The complainant may appeal to the F1Director General against any such decision.

(4)

In a case where the Chief Executive decides not to record any of what was received, on an appeal under this regulation, the Director General must—

(a)

determine whether the Chief Executive should have recorded all or some of what was received; and

(b)

if the Director General finds in the complainant’s favour, direct that the Chief Executive record all or some of what was received.

(5)

In a case where the Chief Executive decides not to record part of what was received, on an appeal under this regulation, the Director General must—

(a)

determine whether the Chief Executive should have recorded some or all of that part; and

(b)

if the Director General finds in the complainant’s favour, direct that the Chief Executive record all or some of that part.

(6)

The Chief Executive must comply with any direction given under this regulation.

(7)

The Director General must—

(a)

give notification to the Chief Executive and the complainant of any determination made by F2the Director General under this regulation; and

(b)

give notification to the complainant of any direction given by the Director General under this regulation to the Chief Executive.

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)(c) (with reg. 37)

Commencement

I1: Reg. 20 in force at 30.4.2017, see reg. 1