Regulation 21 Failures to notify or record a complaintI1
England and Wales
This regulation applies where anything which is or purports to be a complaint in relation to which regulation 18 has effect is received by the chief officer, local policing body or the contractor (whether in consequence of having been made directly or of a notification under that regulation).
If the chief officer, local policing body or contractor decides not to take action under regulation 18 for notifying or recording the whole or any part of what has been received, the chief officer, local policing body or contractor shall notify the complainant of the following matters—
the decision to take no action and, if that decision relates to only part of what was received, the part in question;
the grounds on which the decision was made; and
that complainant’s right to appeal against that decision under this regulation.
Subject to paragraph 4, the complainant shall have a right of appeal to the F1Director General against any failure by the chief officer, local policing body or contractor to make a determination under regulation 18 or to notify or record anything under that regulation.
The complainant has no right of appeal under paragraph (3) if, by virtue of regulation 18(7), there is no requirement to record the complaint.
On an appeal under this regulation, the Director General shall—
determine whether any action under regulation 18 should have been taken in the case in question; and
if the Director General finds in the complainant’s favour, give such directions as the Director General considers appropriate to the chief officer, local policing body or contractor as to the action to be taken for making a determination, or for notifying or recording what was received,
and it shall be the duty of the chief officer, local policing body or contractor to comply with any directions given under sub-paragraph (b).
Directions under paragraph (5)(b) may require action taken in pursuance of the directions to be treated as taken in accordance with any such provision of regulation 18 as may be specified in the direction.
The Director General—
shall give notification to the chief officer, local policing body or contractor and the complainant of any determination made by F2the Director General under this regulation; and
shall give notification to the complainant of any direction given by the Director General under this regulation to the chief officer, local policing body or contractor.
Annotations
Textual amendments
- F1
Words in Regulations substituted (except in reg. 1) (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 33(2)(a) (with regs. 33(3), 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, 33(2)(c) (with reg. 37)