Regulation 13 Duty to keep the complainant informedI1

England and Wales

(1)

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 in accordance with the provisions of these Regulations—

(a)

by the F1IOPC DG; or

(b)

under F2the IOPC DG’s management,

it shall be the duty of the IOPC DG to provide the complainant with all such information as will keep the complainant properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in paragraph (4).

(2)

Subject to regulation 16, in any case in which there is an investigation of a complaint in accordance with the provisions of these Regulations—

(a)

by the appropriate authority on its own behalf; or

(b)

under the supervision of the IOPC DG,

it shall be the duty of the appropriate authority to provide the complainant with all such information as will keep the complainant properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in paragraph (4).

(3)

Where paragraph (2) applies, it shall be the duty of—

(a)

the IOPC DG to give the appropriate authority all such directions as F3the IOPC DG considers appropriate for securing that that authority complies with its duty under that paragraph; and

(b)

the appropriate authority to comply with any direction given to it under this paragraph.

(4)

The matters of which the complainant must be kept properly informed are—

(a)

the progress of the investigation;

(b)

any provisional findings of the person carrying out the investigation;

(c)

whether any report has been submitted under regulation 57 (final reports on investigations: complaints, conduct matters and certain DSI matters);

(d)

the action (if any) that is taken in respect of any of the matters dealt with in any such report; and

(e)

the outcome of any action.

(5)

It shall be the duty of a person appointed to carry out an investigation under these Regulations to provide the IOPC DG or, as the case may be, the appropriate authority with all such information as the IOPC DG or that authority may reasonably require for the purpose of performing its duty under this regulation.

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), reg. 30(2)(a) (with regs. 30(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), reg. 30(2)(d) (with regs. 30(3), 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), reg. 30(2)(c) (with regs. 30(3), 37)

Commencement

I1: Reg. 13 in force at 7.10.2013, see reg. 1(1)