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"The purpose of a complaints system is to put right what has gone wrong and to learn from it" (Local Government Ombudsman)
These arrangements set out the process for dealing with complaints about the conduct of the Police and Crime Commissioner (PCC) for Dorset.
The arrangements are made under the Police Reform and Social Responsibility Act 2011, the Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012 and the Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012.
The Dorset Police and Crime Panel (PCP) has statutory responsibilities under the Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012 relating to the recording and determination of complaints.
One of the main functions of the PCP is to act as a central point for collation and recording of all complaints against the PCC, and to provide a ‘gateway’ to the procedures for dealing with both non-criminal and criminal complaints about the PCC or the Deputy PCC (herein the term PCC applies equally to DPCC).
In accordance with Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012, Dorset Police and Crime Panel has delegated authority for managing complaints to:
In accordance with Regulations, the CSC will not investigate. The CSC may exercise its delegated powers to require the person complained against to provide information or documents or attend before it to answer questions or give evidence, as this will not be regarded as an investigation.
However, any other step intended to gather information about the complaint, other than inviting the comments of the complainant and the person complained against, will not be permitted.
Members of the CSC will undertake periodic dip-sampling of complaints files held by the CEMO and Service Manager for Assurance to provide assurance about the delegated complaints handling process.
A the pathways providing an overview of the complaints process can be found in Appendix. The flowchart of the pathways can be found in the full downloadable document.
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:
The Complaints Sub-Committee will not consider:
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:
This protocol does not cover the following matters and will require a full Panel consideration rather than delegated to the subcommittee:
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:
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.
The PCP has delegated the initial handling of the complaints process to the Service Manager for Assurance (SMA) in Dorset Council.
The SMA is the main point of contact for complaints under these Regulations and is responsible for:
The PCC will not become involved or influence the investigation of complaints about themselves.
The PCC will immediately notify the Chief Executive and Monitoring Officer (CEMO) if a complaint about their own conduct is made directly to them.
The CEMO will immediately notify the SMA who will then commence the process by acknowledging the complaint.
The SMA shall liaise with the Chair and Vice-Chair of the CSC to agree that the complaint is referred to the CEMO for initial investigation, and, where agreed to by the complainant, informal resolution.
Alternatively the Chair and Vice-Chair may determine a need to convene a meeting of the Complaints Sub-Committee.
The Panel’s decision to delegate responsibility to the CEMO is intended to ensure that ‘triage’ arrangements are in place to undertake an initial assessment on the appropriate course of action so that issues are dealt with swiftly and effectively to the satisfaction of the complainant.
The triage work may involve an element of investigation to gather sufficient information to be able to decide which is the appropriate body to deal with a complaint.
This may involve contacting the complainant to request more information or clarification of the complaint.
When the CEMO has concluded the triage against the criteria set out above, or has concluded a local resolution, they are to write to the Complainant and the SMA with their findings and recommendations, (within twenty working days). If the CEMO is unable to meet this timescale due to the complexity of the complaint, they shall write to the Complainant outlining a realistic response date.
The SMA will then, as required, record the complaint and the resolution. The Chair and Vice Chair of the CSC will be notified of the outcome. The PCP will be informed of the outcome at the next available meeting.
Should the Complainant appeal the outcome of the CEMO’s investigation, or at the discretion of the Chair and Vice Chair, the SMA will convene a meeting of the Complaints Sub-Committee within four weeks.
The SMA shall:
The CSC will have a quorum of three, with membership from the PCP.
The CSC shall be exempt from public attendance but will be minuted and the decisions made by the CSC will be recorded. If required, the CSC will seek attendance by the CEMO for questioning.
Where the quorum cannot be achieved by the current membership of the Complaints Sub Committee, other members of the Panel may be briefed and act as substitute.
If, at any stage, the IOPC informs the PCP that it requires the complaint to be referred to it, or if the Complaints Sub-Committee decides that the matter has a criminal element and therefore needs to be referred to the IOPC, the informal resolution process will be discontinued.
The Complaints Sub-Committee shall consider:
If the Complaints Sub-Committee agrees with the CEMO that a complaint has already been resolved, the reasons for such a decision will be recorded in the meeting notes and communicated to the complainant and PCC in writing.
If the Complaints Sub-Committee decide that a complaint has not been resolved, it will determine the most suitable course of action.
This may include, but not be limited to:
All records have to be kept by the Panel as required by the Regulations.
The Panel will keep records of every complaint and purported complaint that is made to it, every conduct matter recorded by it and every exercise of a power or performance of a duty under the Regulations.
The SMA will make a record of any informal resolution and will, usually within 5 working days, provide copies to the complainant and the person complained about.
The copy of the record provided to the complainant and person complained against may be anonymised, or may not be provided, if to do so might prejudice a criminal investigation or proceedings, or would be contrary to the public interest.
Any such decision will be kept under review by the PCP.
Details of the record can be published, but only after the parties have been given an opportunity to make representations, they have been considered and the Panel is of the opinion that they are in the public interest.
The Chair of the CSC will provide a report to each quarterly meeting of the PCP, summarising any complaints that have been considered since the last meeting, including the outcome.
It is the duty of a PCP to refer a complaint to the IOPC if it is determined that the complaint is a serious complaint, or the IOPC notifies the PCP that it requires the complaint to be referred.
According to Schedule 7 of the Police Reform and Social Responsibility Act 2011, a ‘serious complaint’ means a qualifying complaint made about conduct which constitutes or involves, or appears to constitute or involve, the commission of a criminal offence.
If the complaint is ‘serious’ the DC MO will refer the complaint to the IOPC.
In order to identify risks associated with vexatious, repetitious or incredible complaints, the DC Monitoring Officer will consult with the CEMO in the decision to allow that context to either be part of the decision to refer or to form part of an explanation to the IOPC as part of the referral.
The referral will be made as soon as practicable and, in any event, not later than the end of the day following the day when it first becomes clear that it is a serious complaint.
The PCP will provide the IOPC with any information, documents or evidence that it requires, in the format and time specified.
The PCP will also allow the IOPC access to premises either in relation to an investigation or so that the IOPC can examine the efficiency and effectiveness of the arrangements for handling complaints.
Section 30 of the Police Reform and Social Responsibility Act 2011 gives the panel the ability to suspend the Police and Crime Commissioner if it appears to the PCP that:
If the PCP does ever need to consider suspension under section 30 then this will be a whole Panel rather than a Complaints Sub-Committee decision and a case for suspension would need to be made.
The PCC must be afforded the opportunity to attend the PCP meeting to make personal representations in public.
If at any stage a complainant is dissatisfied about the way in which the Dorset Police and Crime Panel has carried out or delegated the above functions, he/she can raise their concerns with the Local Government and Social Care Ombudsman (LGSCO), provided that the matter has been subject to local complaint procedures which have been exhausted.
If the LGSCO decide to seek further information from the Panel about a complaint or to pursue an investigation, they shall liaise with the SMA. If a complaint relates directly to the SMA’s role and responsibility this matter shall be escalated to the DC MO to liaise with the LGSCO.
The Panel will allow the LGSCO access to premises either in relation to an investigation or so that the LGSCO can examine the efficiency and effectiveness of the arrangements for handling complaints.
Contact details for the LGSCO are included in the useful contacts section of this complaints protocol.
3.1 Will PCCs be held to account for non-criminal behaviour?
The Regulations provide for the PCP to secure the informal resolution of a complaint concerning non-criminal behaviour.
Although PCP’s will not have sanctions available to them, they will be able to use their powers to require the PCC to attend a hearing to answer questions, request information and documents from the PCC, and publish a report or recommendation.
Ultimately, PCCs will be held accountable by the ballot box.
3.2 What does ‘informal resolution’ mean?
Informal resolution is a way of dealing with a complaint by solving, explaining, clearing up or settling the matter directly with the complainant, without an investigation or formal proceedings.
It is not a disciplinary process, and does not involve the imposition of any sanction. It is a flexible process that may be adapted to the needs of the complainant and the individual complaint.
It may involve the person complained against explaining their conduct and, if appropriate, apologising for it.
This could be done by correspondence or in a face to face meeting.
The method of informal resolution is left up to the individual PCP, provided that it is in accordance with the Regulations and guidance issued by the Secretary of State.
3.3 Is there a conflict of interest in the PCC’s Chief Executive having a role with the complaints made against their employer?
No. The PCP can choose to delegate the initial handling of complaints to the PCC’s chief executive but does not have to do this.
Ultimate responsibility for handling any complaint remains with the PCP, and it will wish to satisfy itself that the chief executive can deal with any complaint impartially.
Similarly, the PCP is able to appoint the chief executive to carry out the informal resolution of a non-criminal complaint, but has a specific power to take back the informal resolution of the complaint if necessary.
The Chief Executive will already have the function of assessing the lawfulness and propriety of the PCC’s actions as monitoring officer, and it is not suggested that they cannot carry out that role effectively and impartially.
If you wish to make a complaint about the Police and Crime Commissioner for Dorset, please complete a complaint form available online
Or write to: Service Manager for Assurance
County Hall
Dorset Council
Colliton Park
Dorchester
Dorset
DT1 1XJ
Any enquiries about the complaints protocol can be made in writing or by email to: policeandcrimepanel@dorsetcouncil.gov.uk
Information about the role and responsibilities of the Dorset Police and Crime Commissioner; and the Dorset Police and Crime Panel, can be found on the Office of the Police and Crime Commissioner’s website: www.dorset.pcc.police.uk/
The Local Government Ombudsman
PO Box 4771
Coventry
CV4 0EH
LGO Advice Lines:
0300 061 0614
Fax: 024 7682 0001
An online contact form is available on the LGO website: www.lgo.org.uk
Home Office Police and Crime Panel Regulations
Police Reform and Social Responsibility Act 2011.
The Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012.
The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012.
Police and Crime Panels, Handling Complaints about the Police and Crime Commissioner and their Deputy (Local Government Association, December 2012)
Annex 1 Note.
If decided at any point in the process that a complaint is about matters outside the remit of this protocol, the complainant shall be informed in writing and signposted to the relevant organisation’s complaints process.
SMA. Service manager for assurance
CEMO. Chief Executive/Monitoring Officer for Office of PCC
PCC. Police and Crime Commissioner
DC MO. Dorset Council Monitoring Officer
PCP. Police and Crime Panel
CSC. Complaints Sub Committee
IOPC. Independent Office for Police Conduct
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This protocol was last reviewed by the Dorset Police and Crime Panel in July 2023.
The next expected review date is 2025.