The complainant had made a complaint against police officers of assault. Criminal proceedings against the complainant were discontinued by the Crown Prosecution Service. Following that acquittal her solicitors wrote with her complaint against them, asking that the officers, be fully investigated. A statement was to follow. After a delay, the police wrote to her directly, noting that they had not received the statement and saying that unless they heard from her within 21 days there would be an application to the then Police Complaints Authority, the predecessor to the IPCC, requesting a dispensation from any further investigation. She did not reply, anticipating one from her lawyers. The PCA later wrote to her and to her solicitors acceeding to the police’s request for a dispensation, and the officer was told that no formal proceedings would follow. The claimant’s solicitors asked for the matter to be revived and re-considered. When the IPCC took over the correspondence it concluded that it was functus officio.
Held: The matter should proceed, the defendant agreeing to a consent order quashing the decision, on the basis that there was no other way of achieving the desired result which would then lead to a proper investigation. There exists an ‘undoubted important public interest in the resolution of complaints against police officers on the merits rather than on a technicality’.
Judges:
Walker J
Citations:
[2005] EWHC 1108 (Admin)
Links:
Statutes:
Cited by:
Cited – The Independent Police Complaints Commission, Regina (On the Application of) v Commissioner Of Police Of the Metropolis Admn 3-Jul-2009
Delay defeated Request for review
A police dog had bitten a child on his arrest. His mother complained and again at the handling of her complaint by the IPCC. The MPS had disciplined in accordance with a letter from the IPCC, and having acted refused to re-open the complaint.
Cited – Coker, Regina (on The Application of) v Independent Police Complaints Commission QBD 16-Nov-2010
The claimant sought judicial review of a decision made by the respondents on her complaint, which was that no misconduct proceedings had been brought. Her brother had been arrested and died in custody. The Commission had recommended such . .
Lists of cited by and citing cases may be incomplete.
Police
Updated: 30 June 2022; Ref: scu.226271