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.
Held: An early letter from the IPCC was a final decision on the matter. This depended not on their intention, but on the meaning of the words used. Furthermore the requests of the IPCC sought to control the decision which was in law one for the senior police officer. The case of Green distinguished between the right under section 76(7)(b) to require information and the power to require an investigation to be re-opened. There had been substantial delay, not least from the claimant. Relief refused.
Judges:
Stanley Burnton LJ
Citations:
[2009] EWHC 1566 (Admin)
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Clare, Regina (on the Application of) v Commissioner of Police; Independent Police Complaint Commission Admn 15-Apr-2005
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, . .
Cited – The Police Complaints Authority and Others v Regina CA 26-Mar-2002
Simon Brown LJ said: ‘Given the PCA’s right under section 76(7)(b) to such other information as they need for the purpose of reaching their section 76 decision, I am inclined to think that, if, after obtaining the complainant’s comments upon any . .
Cited – Regina v Police Complaints Authority ex parte Green HL 26-Feb-2004
Discovery was sought of statements created during the investigation of a complaint against a police officer. The claimant argued that a police officer had deliberately driven his car at him.
Held: The investigation by a separate police force . .
Lists of cited by and citing cases may be incomplete.
Police
Updated: 20 December 2022; Ref: scu.347443