Policy Scope:

This policy covers complaints against the following:

• Police Officers of any rank

• Police Staff

• Special Constables

• Contracted out Staff designated under S39 of the Police Reform Act 2002.

This policy does not deal with complaints regarding the direction and control of the South Yorkshire Police. For details of this please see Statement of Agreed Policy 10/2004 Handling Complaints Relating to Direction and Control D50241.

Policy Aims and Objectives:

The Police Reform Act 2002 including Schedule 3 to this Act as amended by the Criminal Justice and Immigration Act 2008, Police (Conduct) Regulations 2008 and Police (Complaint and Misconduct) Regulations 2004 as amended by the Police (Complaints and Misconduct) Regulations 2008 govern the recording and investigation/resolution of complaints against Police Officers and Police Staff.

COMPLAINTS - KEY PRINCIPLES:

The Complaints System must:

• Be values driven

• Respect people

• Demonstrate police accountability

• Operate to improve standards

• Be just and proportionate

• Increase public confidence in police activity

• Be timely and effective

• Be open to public scrutiny

WHAT IS A COMPLAINT:

A complaint relates to the conduct of an individual or group of individuals. This will include allegations of a criminal offence, eg assault; unlawful arrest/detention, or a failure in standards eg rudeness; neglect of duty.

These matters must be formally recorded in accordance with the Police Reform Act and can only be concluded by:

• Withdrawal of allegation

• Local resolution

• Dispensation

• Discontinuance

• Formal Investigation

RECEIPT OF COMPLAINTS:

A complaint can be received in a number of ways-

• In person from a member of the public

• Via telephone, e mail, fax, letter

• Via a gateway organisation (Citizens Advice)

• Via person acting on behalf of complainant (solicitor)

• Via the Independent Police Complaints Commission (IPCC)

Complaints can be made against:

• Police Officers of any rank

• Police Staff

• Special Constables

• Contracted out Staff designated under S39 of the Act

WHO CAN MAKE A COMPLAINT:

A complainant can be:

• The person against whom the alleged conduct occurred.

• The person acting on behalf of the above, with written consent (e.g. friend, relative, solicitor, Member of Parliament etc).

• The person who has personally witnessed the incident (and would provide admissible evidence). This excludes someone who has seen the incident on television, for example.

• The person who has been adversely affected by the conduct (e.g. relative in a Death in Custody case).

• A member of a different force who was off duty at the time of the alleged conduct.

See Police Reform Act (2002) S12.

WHAT IS NOT A COMPLAINT UNDER THE ACT:

A complaint where there is no issue of individual conduct of a member of the police service, but is wholly about force policy, management, operational tactics, deployment of resources, quality of service. These are covered by Statement of Agreed Policy 10/2004 "Handling of Complaints Relating to Direction and Control".

Associated Procedural Instructions:

This policy is supported by the following procedural instructions:

Complaints – Accepting and Reporting D50132

Guidance to Supervisors on Local Resolution of Complaints D50133

Suspension of Members of the Special Constabulary from Duty D51329

Recording Racist Incidents Involving Police Officers D51051

Suspension of Police Officer from Duty D50874

See also:

Misconduct Matters - Media D50438

Human Rights/Discretion:

The purpose of providing policy is to give an indication to staff of the expected course of action. However it is not possible to cater for every possible combination of factors that would justify a departure from stated policy. The Human Rights Act 1998 requires the proper use of discretion at all times and nothing within this policy and associated procedural instructions prohibits the proper use of discretion in appropriate circumstances.

Where action is taken that has the potential to interfere with an individual’s Human Rights, the reasons behind the making of the decision to act in that way should be recorded on the appropriate forms, or where this is not practicable, in pocket books or policy logs.

Freedom of Information Act 2000

Exemptions do not apply to this statement of agreed policy under the Freedom of Information Act 2000.

Management of Police Information (MoPI)

These instructions fall within MoPI: Yes

When implementing this policy/procedural instruction all SYP staff must comply with MoPI requirements if practicable

• Record all information obtained in the implementation of this policy/procedural instruction on to the relevant system as soon as practicable in accordance with the requirements of the relevant business area and the Government Protective Marking Scheme (GPMS).

• To avoid unnecessary duplication, before creating a new record, check that the information is not already recorded within that system AND ensure any record created identifies the source (where possible), recorder, recording date and purpose.

• Where potential intelligence is identified as a result of processing information, this may, in appropriate circumstances, be submitted via a National Intelligence Record (NIR, CID 122). Intelligence gathered, which forms part of ongoing PSD casework must not be disseminated outside of PSD without the prior approval of the Head of Professional Standards.

• Where possible and with the prior agreement of the Head of Professional Standards if it relates to ongoing PSD casework, encourage information sharing within the service and with partners, see D50745 Information Sharing Agreements and D50746 Information Sharing Agreements – Instructions.

• Ensure that all your actions in implementing this policy/procedural instruction comply with D51361 Data Quality, Data Protection Act 1998, Human Rights Act 1998, Freedom of Information Act 2000.

For more details about MoPI, see D50744 Management of Police Information and Guidance on The Management of Police Information (2006) issued by ACPO/Centrex.

Audit Arrangements:

This policy together with its Diversity Impact Assessment will be reviewed every year

Rights of redress for members of the public:

Anyone who feels that a member of SYP staff has behaved incorrectly or unfairly has the right to make a complaint. Initial action should be taken in one of the following ways:

• Complaint in writing or in person to the Senior Officer at the appropriate police station or in writing to the Chief Constable of the force concerned.

• Visit a local Citizens’ Advice Bureau.

• Contact a solicitor.

• Contact Independent Police Complaints Commission (IPCC).

Rights of redress for South Yorkshire Police staff:

South Yorkshire Police staff who feel they have grounds for concern in relation to the implementation of policies may:

• Pursue concerns through their line manager.

• Contact a First Contact Advisor.

• Pursue a grievance formally through the South Yorkshire Police Fairness at Work Procedure.

• Seek advice from their staff association or trades union.

• Use the Policy for Handling Complaints relating to Direction and Control.