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 to do. It had heard the appeal, it had decided the appeal, reached a conclusion, that was it and it was not going to do anything else.’ and ‘In my judgment this is a very simple issue. The IPCC made it pretty clear in December 2007 that their decision was final. They made it very clear in the course of subsequent correspondence that they did not propose to take any further action.’ The complainant’s appeal failed.
Judges:
Wall Lj
Citations:
[2010] EWCA Civ 243
Jurisdiction:
England and Wales
Cited by:
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: 08 May 2022; Ref: scu.467181
