Regulation 26 I1
England and Wales
Before deciding to handle a complaint in whatever manner (if any) it thinks fit in accordance with regulation 25(1), the appropriate authority shall—
write to the complainant at the complainant’s last known address—
inviting the complainant to make representations in relation to the matter; and
allowing the complainant a period of 28 days, commencing on the day after the date of the letter, to do so; and
have regard to any representations made by the complainant.
The appropriate authority shall notify the complainant—
that the appropriate authority has decided to handle the complaint as permitted by regulation 25(1) (in a case where the appropriate authority is not required to apply for permission under regulation 25(2) to so handle the complaint); or
about the making of the application under regulation 25(2) (in a case where the appropriate authority makes such an application).
Where the complaint is to be handled in whatever manner (if any) the appropriate authority thinks fit (whether or not the F1Director General’s permission is needed), the authority—
shall not be required by virtue of any of the provisions of these Regulations (other than regulation 17) to take any action in relation to the complaint; and
may handle the complaint in whatever manner it thinks fit, or take no action in relation to the complaint, and for the purposes of handling the complaint may take any step that it could have taken, or would have been required to take, if it were not proceeding in accordance with this regulation.
Where the appropriate authority applies to the F2Director General under regulation 25(2) and the Director General determines that no permission should be granted—
it shall refer the matter back to the appropriate authority for the making of a determination under regulation 24(3); and
the authority shall then make that determination.
No more than one application may be made to the Director General under this regulation in respect of the same complaint.
The complainant shall have a right of appeal to the relevant appeal body against any decision by the appropriate authority under this regulation to handle the complaint otherwise than in accordance with these Regulations or to take no action in relation to it.
But the complainant has no right of appeal in a case in which the appeal relates to a decision for which the Director General has given permission under this regulation.
On an appeal under this paragraph, subject to paragraphs (9) and (10), the relevant appeal body shall—
determine whether any decision taken by the appropriate authority under this regulation should have been taken in the case in question; and
if the relevant appeal body finds in the complainant’s favour, give such directions as the relevant appeal body thinks appropriate to the appropriate authority as to the action to be taken for handling the complaint in accordance with these Regulations or handling it otherwise than in accordance with these Regulations;
and it shall be the duty of the appropriate authority to comply with any directions given under sub-paragraph (b).
Paragraph (8) does not apply in a case where the appropriate authority is—
the person in respect of whose decision the appeal is made under this regulation, and
the relevant appeal body in relation to the appeal.
In such a case—
the appeal shall determine whether any decision taken by the appropriate authority under this paragraph should have been taken in the case in question; and
if the appeal finds in the complainant’s favour, the appropriate authority must take such action as the appropriate authority thinks appropriate for handling the complaint in accordance with these Regulations or handling it otherwise than in accordance with these Regulations.
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, 33(2)(b) (with regs. 33(3), 37)
- F2
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)