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 … Continue reading The Independent Police Complaints Commission, Regina (On the Application of) v Commissioner Of Police Of the Metropolis: Admn 3 Jul 2009

Citations: [2007] EWHC 2715 (Admin) Links: Bailii Statutes: Police Reform Act 2002 10 Jurisdiction: England and Wales Police Updated: 05 December 2022; Ref: scu.261496

The IPCC had directed the defendant to hold disciplinary proceedings against a constable, but the defendant having begun proceedings immediately stayed them. Judges: Keith J Citations: [2007] EWHC 1035 (Admin) Links: Bailii Jurisdiction: England and Wales Police Updated: 05 December 2022; Ref: scu.252405

The claimant’s mother had died in hospital. The claimant said that she had died as a result of failures by doctors, and had asked the coroner and police to investigate his allegation that she had been deliberately harmed to cover up missed diagnoses. The police obtained an independent report which said that there was a … Continue reading Cubells, Regina (on The Application of) v Independent Police Complaints Commission: CA 15 Oct 2012

The claimant challenged the decision of the respondent to reject his complaint about being assaulted whilst held in custody. Judges: Hickinbottom J Citations: [2012] EWHC 1271 (Admin) Links: Bailii Police Updated: 28 October 2022; Ref: scu.459548

Judges: Richards, Hallett, Stanley Burnton LJJ Citations: [2011] EWCA Civ 1665 Links: Bailii Statutes: Police (Complaints and Misconduct) Regulations 2004 10(1) Jurisdiction: England and Wales Police Updated: 05 October 2022; Ref: scu.451335

The claimant’s home had been burgled and property recovered, but the claimant had been unable to arrange to see the goods to identify what had been hers. Eventually (after 10 years) the police said they retained nothing of hers. She complained. She appealed against the grant of a dispensation by the respondent allowing her complaint … Continue reading Durowoju v Independent Police Complaints Commission: Admn 11 Apr 2013

Citations: [2017] EWCA Civ 2108, : [2018] 1 WLR 3817 Links: Bailii Jurisdiction: England and Wales Police Updated: 12 September 2022; Ref: scu.601451

The claimant had complained of police behaviour. The police notified him of the rejection of the complaint, but he said he did not receive it. He sought to appeal out of time. He now sought review of the refusal of the respondent to extend the period to allow him to appeal. Held: The decision was … Continue reading Burke, Regina (on The Application of) v Independent Police Complaints Commission and Others: Admn 8 Mar 2011

The claimant was stood at her door when she was taken by police officers, an armed gun pointed at her, laid on the ground and her hands bound. She was held for fifteen minutes. She was entirely innocent, but the officers were looking for armed suspects. She complained that the defendant had not dealt with … Continue reading Dennis, Regina (on the Application of) v Independent Police Complaints Commission: Admn 6 May 2008

The claimant had said that he wished to appeal against the decision made by the respondent on his complaint. The Commission replied that it was functus officio. Held: Wall LJ said: ‘The IPCC took the view that it was in the lawyer’s phrase, functus officio, that is to say it had done what it had … Continue reading Leveratt v Independent Police Complaints Commission: CA 2010

Parker J outlined the court’s powers as regards decisions of the Independent Police Complaints Commission: ‘The IPCC is an independent statutory appeal body to whom Parliament has entrusted the function of reviewing the findings of investigations into police complaints if that is what an appellant requests. The IPCC’s decisions are likely to involve matters of … Continue reading Regina (Muldoon) v Independent Police Complaints Commission: Admn 2009

Request for review of rejection of complaint against several police officers – failure to get medical help whilst held in police custody [2009] EWHC 2515 (Admin) Bailii Independent Police Complaints Commission, Code of Practice for the Detention Treatment and Questioning of Persons by Police Officers, Police Reform Act 2002 England and Wales Police Updated: 30 … Continue reading Crosby, Regina (On the Application of) v Independent Police Complaints Commission: Admn 1 Jul 2009

The claimant sought judicial review of a decision by the IPCC that a apolice officer had no case to answer on his complaint that the officer had placed his hands around the claimant’s neck while in custody as if to strangle him. Held: The IPCC having found it lore likely than not that the assault … Continue reading Demetrio, Regina (on The Application of) v The Independent Police Complaints Commission (IPCC): Admn 6 Mar 2015

[2013] EWHC 3969 (Admin) Bailii Police Updated: 28 November 2021; Ref: scu.519340

[2013] EWHC 3994 (Admin) Bailii England and Wales Police Updated: 27 November 2021; Ref: scu.519009

The Chief Constable complained that in its investigation of a complaint against an offer by a member of the public, the IPCC had exceeded the permissible bounds. Jeremy Richardson QC HHJ [2013] EWHC 2698 (Admin), [2014] PTSR 242, [2013] WLR(D) 349 Bailii, WLRD Police Reform Act 2002 22 England and Wales Police Updated: 20 November … Continue reading The Chief Constable of The West Yorkshire Police, Regina (on The Application of) v Independent Police Complaints Commission: Admn 11 Sep 2013

[2013] EWHC 2291 (Admin) Bailii Police Updated: 17 November 2021; Ref: scu.513739

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 proceedings, but then, after receiving representations from the officer and his refusal to accept a written warning, … Continue reading Coker, Regina (on The Application of) v Independent Police Complaints Commission: QBD 16 Nov 2010

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The claimant had sought to lodge with the police authority a complaint about the way the Suffolk Constabulary regarding his criminal record. He had wanted an older conviction to be ‘stepped down’ and complained of what he believed to have been an . .

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The Commission sought judicial review of a decision of a review by the assistant commissioner of a disciplinary decision against a police officer accused of misconduct, allowing his appeal.. . .

The court was asked whether the Police Complaints Authority had a power to re-open its own decision. Brooke J said: ‘Each of these cases turns on the particular statutory background . . (I leave open for another day) the question whether in any conceivable circumstances the PCA might be able to reopen a decision. I … Continue reading Regina v Police Complaints Authority ex parte Hanratty: 25 Jul 1995

A complaint was to be investigated by the Merseyside Police. They obtained permission from the Police Complaints Authority to dispense with the investigation when the complainant had gone missing and therefore the complaint could not be investigated. The complainant turned up shortly after and his solicitors asked the PCA to re-open the investigation. The PCA … Continue reading Wilkinson, Regina (on the Application of) v Police Complaints Authority and others: Admn 19 Mar 2004

A disciplinary panel had found the claimant police officer in breach of the relevant code of conduct. It decided that he should be dismissed. On a review, an independent Chief Constable upheld the finding of misconduct; but he purported to set aside the sanction of dismissal and to substitute a fine of 13 days’ pay. … Continue reading Bolt, Regina (on the Application of) v Merseyside Police and Another: Admn 16 Nov 2007

The deceased had been shot by police during an armed siege. His family complained that the Independent Police Complaints Commission had declined to order the officers not to confer with each other before making statements. Held: The authority had not acted incompatibly with the claimants’ human rights. The conferring between officers was in accordance with … Continue reading Saunders and Tucker, Regina (on the Application of) v The Association of Chief Police Officers and others: Admn 10 Oct 2008

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, … Continue reading Clare, Regina (on the Application of) v Commissioner of Police; Independent Police Complaint Commission: Admn 15 Apr 2005