Regulation 18 Initial handling and recording of complaintsI1

England and Wales

(1)

Where a complaint is made to the F1IOPC DG, F2the IOPC DG shall give notification of the complaint to the appropriate authority.

(2)

But the IOPC DG need not give that notification if the IOPC DG considers that there are exceptional circumstances that justify it not being given.

(3)

Where a complaint is made to the Permanent Secretary to the Home Office, the Permanent Secretary shall—

(a)

determine whether or not the Permanent Secretary is the appropriate authority; and

(b)

if the Permanent Secretary determines that the appropriate authority is another person, give notification of the complaint to that person.

(4)

Where a complaint is made to the Director General, the Director General shall—

(a)

determine whether or not the Director General is the appropriate authority; and

(b)

if the Director General determines that the appropriate authority is another person, give notification of the complaint to that person.

(5)

Where the IOPC DG, the Permanent Secretary to the Home Office or the Director General gives notification of a complaint under any of paragraphs (1) to (4), the person who gave the notification shall notify the complainant that the notification has been given and of what it contained.

(6)

Where—

(a)

the Permanent Secretary to the Home Office determines, in the case of any complaint made to the Permanent Secretary, that the Permanent Secretary is the appropriate authority;

(b)

the Director General determines, in the case of any complaint made to the Director General, that the Director General is the appropriate authority; or

(c)

a complaint is notified to the Permanent Secretary to the Home Office or the Director General under this paragraph,

the Permanent Secretary or the Director General shall record the complaint.

(7)

Nothing in this regulation shall require the notification or recording by any person of any complaint about any conduct if—

(a)

that person is satisfied that the subject-matter of the complaint has been, or is already being, dealt with by means of criminal or disciplinary proceedings against the person whose conduct it was; or

(b)

the complaint has been withdrawn.

(8)

Nothing in this regulation shall require the recording by any person of any complaint about any conduct if that person considers that the complaint falls within a description of complaints specified in regulation 20 (recording of complaints).

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)(c) (with regs. 30(3), 37)

Commencement

I1: Reg. 18 in force at 7.10.2013, see reg. 1(1)