When a complaint is made against the police, the police often, ‘brush it under the carpet‘, but alas, you do get an automatic right to appeal.
The relevant appeal body (RAB) is decided by the appropriate authority (police dealing with the complaint).
The RAB is either the Police and Crime Commissioner (PCC) or the Independent Office for Police Conduct (IOPC)
The decision of who will be the RAB (the body that performs the review) must follow IOPC guidelines, and this is clarified in the IOPC Focus 19 document of January 2021.
iii. The appropriate authority is unable to satisfy itself, from the complaint alone, the conduct complained of (if it were proved) would not justify the bringing of criminal or disciplinary proceedings, or would not involve the infringement of a person’s rights under Article 2 or 3 of the European Convention on Human Rights.
What this means is, the Appropriate Authority (the police force dealing with the initial complaint) must consider the allegation of the complaint alone. This does not include any investigation, nor must it include any evidence or a possible presumed outcome.
They must look at the allegation and from that alone, they have to decide (if that allegation is proven), that no criminal or misconduct proceedings could be brought.
There is a positive obligation for them to satisfy this condition. This must be rationalised in a response to the complainant.
If they are unable to do this, then the RAB must be the IOPC.
Although the IOPC are considered less than independent, they are the ‘lesser of two evils‘ and are the preferred appeal body in most cases.
This is a complaint outcome from Cambridge police where an officer, DC Neil Patrick abused his policing powers to
- Obtain personal data. (read more)
- Claimed to be independent of the investigation, but was found to be a friend of the alleged victim. (read more)
- Made an unlawful GDPR request against a private website… this website! (read more)
The following email was sent to the IOPC and we are awaiting the response
Dear IOPC
My understanding is that the IOPC is to correct appeal body on the basis that if the allegation is proven, the officer could face disciplinary proceedings. (IOPC Focus 19 January 2021)
iii. The appropriate authority is unable to satisfy itself, from the complaint alone, the conduct complained of (if it were proved) would not justify the bringing of criminal or disciplinary proceedings, or would not involve the infringement of a person’s rights under Article 2 or 3 of the European Convention on Human Rights.
It would be for the force to show that, if proven, disciplinary proceedings could not be brought.
Point 2 is a clear misconduct issue. The police officer has lied and is coordinating a biased investigation. Evidence has been provided that DC Neil Patrick is a friend of DS Abbs. The investigation was supposedly passed to Cambridgeshire to ensure independence, this has been proven to be false as the IO is a friend of the alleged victim.
Point 3. DC Neil Patrick took it upon himself to abuse legal process by fabricating a GDPR request against a personal website. He used formal police documentation to do this, which is unlawful.
This is an IOPC appeal, the police force cannot pick and choose who the appeal body is ignoring the focus 19 document and the IOPC must enforce this excessively abused decision.
Paul
The following email was sent to the PCC of Cambridgeshire police.
Dear PCC,
I am asking you to refer this matter to the IOPC. The police have failed to select the correct appeal body, and I am asking you to refer it correctly to the IOPC or provide a detailed rationale why you feel you are the correct appeal body based on my email below.
Paul
Responses will be published.
Well all these authority complaints systems are unworkable from the public’s perspective anyone who has been though the corrupt chain knows that and what they are.
They’re not there for the Public Paul.
Good update, demonstrates hurdles that coexist with procedures designed to preclude all but the most determined. Never to old to be educated, I continue to be educated.