Regulation 20 Recording of complaintsI1

England and Wales

(1)

For the purposes of regulation 18(8) (descriptions of complaint not required to be recorded) the complaints set out in paragraph (2) are hereby specified.

(2)

Those complaints are complaints in the case of which the appropriate authority considers that—

(a)

the matter is already the subject of a complaint made by or on behalf of the same complainant;

(b)

the complaint discloses neither the name and address of the complainant nor that of any other interested person and it is not reasonably practicable to ascertain such a name or address;

(c)

the complaint is vexatious, oppressive or otherwise an abuse of the procedures for dealing with complaints;

(d)

the complaint is repetitious; or

(e)

the complaint is fanciful.

(3)

For the purposes of paragraph (2)(d) a complaint is repetitious if, and only if—

(a)

it concerns substantially the same conduct as a previous conduct matter or it is substantially the same as a previous complaint made by or on behalf of the same complainant;

(b)

it contains no fresh allegations which significantly affect the account of the conduct complained of;

(c)

no fresh evidence, being evidence which was not reasonably available at the time the previous complaint was made, is tendered in support of it; and

(d)

as respects the previous complaint or conduct matter, either—

(i)

the complaint was locally resolved in accordance the provisions in regulation 26;

(ii)

the complaint was handled otherwise than in accordance with these Regulations or no action was taken in relation to it, in accordance with regulation 23(2) or (3) (disapplication of requirements of these Regulations);

(iii)

the F1IOPC DG gave the appropriate authority a direction under regulation 38 (power to discontinue an investigation);

(iv)

the appropriate authority disapplied the requirements of these Regulations in accordance with regulation 38(13)(b);

(v)

the complainant gave such notification as is mentioned in regulation 39(1); or

(vi)

the requirements of regulation 58(9) or 59(11) (determination by the appropriate authority of what action to take) were complied with.

(4)

For the purposes of paragraph (2)(e) a complaint is fanciful if, and only if, no reasonable person could lend any credence to it.

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)

Commencement

I1: Reg. 20 in force at 7.10.2013, see reg. 1(1)