No Review of IPCC’s Decision to Investigate
A complainant wanted the police force to investigate his mother’s treatment in a care home. When a decision was made that no criminal activity had been revealed, he asked the Police Authority to investigate, but they declined saying that the issue raised related to direction and control and was not one they could accept to deal with. The Police Authority now sought judicial review of the decision of the IPCC that it should have accepted the complaint.
Held: The request was refused. The court did not accept the argument by the respondent that ‘conduct’ in section 12 of the 2002 Act was to be read as misconduct: ‘The word ‘conduct’ in its ordinary or natural meaning, which is that of behaviour, does not carry with it the notion that the behaviour must be of a particular quality, whether good or bad.’ The term ‘direction and control’ in this context ‘is essentially concerned with matters which are of a general nature. On this basis, a decision by a chief officer which is confined to a particular subject falls outside the scope of direction and control.’
Langan QC J
[2010] EWHC 1690 (Admin), [2011] 3 All ER 106, [2012] PTSR 268
Bailii
Police Reform Act 2002 9 10 12
England and Wales
Citing:
Cited – Regina v Commissioner of Police of the Metropolis, Ex parte Blackburn CA 1968
Answerability of Chief Constables
The constitutional status of the Commissioner had never been defined, either by statute or by the courts. By common law police officers owe to the general public a duty to enforce the criminal law. The court considered the extent to which a court . .
Cited – Hill v Chief Constable of West Yorkshire HL 28-Apr-1987
No General ty of Care Owed by Police
The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members . .
Cited – Regina v Chief Constable of Sussex, ex Parte International Trader’s Ferry Limited HL 2-Apr-1998
Chief Constable has a Wide Discretion on Resources
Protesters sought to prevent the appellant’s lawful trade exporting live animals. The police provided assistance, but then restricted it, pleading lack of resources. The appellants complained that this infringed their freedom of exports under . .
Cited – Herd, Regina (on The Application of) v Independent Police Complaints Commission Admn 12-Oct-2009
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 . .
Lists of cited by and citing cases may be incomplete.
Police
Leading Case
Updated: 11 November 2021; Ref: scu.420426