2.1 Covered by the complaint’s procedure
The only complaints that fall within the remit of the Dorset Police and Crime Panel are those which involve the personal conduct of the PCC for Dorset.
The Complaints Sub-Committee will consider:
- complaints relating to rudeness by the PCC
- complaints relating to inappropriate references to people, places or issues by the PCC
- very minor or spent convictions by the PCC
The Complaints Sub-Committee will not consider:
- criminal complaints about the Commissioner (which must be referred to the Independent Office for Police Conduct (IOPC)
- complaints about the Dorset police force (which must be referred to Dorset Police Professional Standards Department, Police and Crime Commissioner or IOPC as appropriate) and
- complaints relating to other organisations for example the probation service, voluntary sector organisations, the Community Safety Partnership (which must be referred to the relevant complaints procedures of those organisations)
It is important to distinguish the Panel’s scrutiny role from their complaint’s role. Even if a policy decision taken by the PCC generates complaints, the complaint would not fall within the remit of the Panel’s role in complaints handling even though it may inform the Panel in their scrutiny role.
2.2 Disapplication of the Regulations
The PCP has the discretion to decide not to apply the Regulations in certain circumstances. In summary these are where the complaint is:
- an employment issue relating to the OPCC or Dorset Police
- when the complainant is subject to an ongoing police investigation or criminal proceedings relating to the complaint
- more than 12 months old
- already the subject of a complaint
- vexatious, oppressive or an abuse of the procedures or repetitious (note – the host authority, Dorset Council, “Unreasonable Behaviours Protocol” applies)
This protocol does not cover the following matters and will require a full Panel consideration rather than delegated to the subcommittee:
- a Head of Paid Service report on their concerns regarding the running of the OPCC, under their statutory obligations under section 4 of the local government housing act 1989
- a Monitoring Officer report regarding their personal concerns on any proposal, decision or omission by the PCC (or anyone acting on their authority) which has given rise or is likely to give rise to:
- a contravention of any enactment of the rule of civil and criminal law
- maladministration of failure
- breach of the PCC’s oath of office
- a Treasurer report regarding their personal concerns regarding financial conduct of the PCC
2.3 Withdrawal of a complaint
A complaint can be withdrawn or discontinued by a complainant. The relevant parties must be notified, and the fact recorded. If the complaint relates to a conduct matter, then the matter may still be investigated under the Regulations if it is in the public interest to do so.
Again, all parties must be notified of any decision.
2.4 Ensuring fairness and equality for all
This complaints protocol is open for any member of the public to use.
The PCP will seek to make reasonable adjustments to communicate and deliver key messages in a way that best addresses your needs.
Key information can be provided in a range of alternative formats to meet your communication needs.
It is recognised that complaints relating to police and crime issues can be sensitive.
Whilst every effort will always be made to resolve complaints informally to the satisfaction of those who complain, people who do choose to make a formal complaint against the PCC according to this protocol will be treated with dignity, fairness and respect regardless of their characteristics in terms of:
- age
- disability
- gender reassignment
- marriage and civil partnership
- pregnancy and maternity
- race, including ethnicity, colour and nationality
- religion or belief
- sex
- sexual orientation
Members of the Dorset Police and Crime Panel, OPCC staff and Dorset Council are expected to treat others with fairness, dignity and respect. Equally, complainants are expected to treat them according to the same principles.
2.5 Making a Complaint
If you wish to make a complaint, please complete a complaint form available online.
Alternatively you can post your complaint to:
Service Manager for Assurance
County Hall
Dorset Council
Colliton Park
Dorchester
Dorset
DT1 1XJ.