Appeal Outcome 8 June 16 Redact

7/26/2019 Appeal Outcome 8 June 16 Redact

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Criminals, Making a D:fference

Appeal ref: HAB/LSU/45/20383/AS

Complaint ref: CO/461/15

HUMBERSIDE POLICE

APPEAL BODY

Police Headquarters

Priory Road

Hull HU55SF

Te1No:01482

578125

Fax No: 01482 305004

Switchboard: 101

This matter is being dealt with by:

Judi Heaton

Humberside Police Appeal Body

Dear Mr

8 June 2016

This letter is about your appeal against Humberside Police which was received on 25

January 2016.

Before outlining my decision I should explain that my role is not to re-investigate your

complaint but to review the Local Resolution outcome into your complaint.

As part of the review I have looked carefully at:

Complaint File CO/461/15 and associated appeal papers.

After considering all the information available I have now made a decision about your

appeal. I have not upheld your appeal and the reasons for this decision are set out in

the attached report.

I appreciate this decision will be disappointing for you, however I assure you that the

appeal has been dealt with objectively and independently.

You are not able to appeal against the assessment of your appeal. Humberside Police

Appeal Body decisions are final. This means that any decision made and

communicated to those involved can usually be overturned only by the courts through

judicial review process.

If you intend to pursue this course of action you should seek legal advice.

Yours sincerely

~~

~f

Judi Heaton

Humberside Police Appeals body

End.


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RESTRICTED -INVESTIGATIONS

Complaint ref: CO/461l15

Appeal Ref: HAB/LSU/45/20383/AS

nto outcome of Local Resolution

rNI

/A2 November 2015

3 January 201613 January 20165 January 2016

es

June 2016

8 June 2016

BACKGROUND TO THE APPEAL

1. The complaint:

The following allegations have been recorded:

1. Other neglect or failure in duty

The complainant alleges that an officer has wrongly informed him that a

matter which he wanted to report is a civil matter, when he believes it to

be a criminal matter.

2. The appeal grounds given for the appeal :

The complainant, on his appeal forms has stated that he does not

consider the complaint was suitable for Local Resolution.

He states that his request that the complaint be escalated to the Chief

Constable has been ignored.

The complainant has then reproduced some emails and key facts

statements and guidance which are already part of the complaint file.

RESTRICTED - INVESTIGATIONS


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The complainant continues by stating that the outcome was wholly

inappropriate and goes on to suggest that Humberside Police engages

in a practice which overlooks its duty to the taxpayer in favour of

shielding the local authority from justice.

The complainant states that the outcome was also wrongly determined

on advice from the Force Solicitors and states that the advice

regarding making an appeal (to the Court) is an unreasonable procedure

for an ordinary taxpayer.

CONSIDERATION OF VALIDITY

1. Is the appeal complete enough?

Yes

2. Is there an appeal right?

Yes

3. (a) Is the appeal in time? Yes

(b) Have representations been received? N/A

(c) Are the circumstances in which the appeal was made sufficiently special to

allow the appeal? N/A

ASE~SMENI OF.APPE~L A9AINI THE qpTQq E OF THE LOC~L

RESOLUTION OF A COMPLAINT, OR THE.OUTCOME OF A COMPLAINT

HANDLED OTHERWISE IN ACCORDANCEWl rtl SHEDULE3 OF/THE POLICE

REFORM ACT 2002

1. Was the complaint suitable for local resolution?

Yes. The criteria for whether or not a complaint can be dealt with by Local Resolution

are set out in Paragraph 6, Schedule 3 of the Police Reform Act 2002 (as amended).

The conditions which must be satisfied are:



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The appropriate authority is satisfied that the conduct that is being complained

about even if it were proved) would not justify bringing criminal or disciplinary

proceedings against the person whose conduct is complained about; and

The appropriate authority is satisfied that the conduct complained about even

if it were proved) would not involve the infringement of a person s rights under

Article 2 or 3 of the European Convention on Human Rights.

Both of these conditions must be satisfied for the matter to be deemed suitable to be

dealt with by Local Resolution.

The complaint made against the police in this case is not sufficiently serious to

pursue criminal or disciplinary proceedings.

Article 2 of the European Convention on Human Rights protects a persons right to life.

Article 3 of the European Convention on Human Rights prohibits torture, and inhuman

degrading treatment or punishment

The person who passed the advice to the complainant would not be subject to

disciplinary or criminal proceedings as a result and therefore the appropriate

authority was correct in deciding that the complaint was suitable for local resolution.

Summary Appeal Assessment:

Not Upheld

2. Was there evidence to show that the complainant was sufficiently informed?

Yes, the complainant was written to by the Appropriate Authority regarding the

leceipt, recording and allocation of his complaint. He has also been in communication

by email with the Investigating Officer and received a Letter of Outcome.


Not Upheld

3. Was the action plan for the local resolution suitable and complete?

Yes. The Investigating Officer has proposed an Investigation/Action plan of: Deal

with the matter as a Local Resolution; Review contents of Complaint File; Discuss

the matter with Humberside Police Force Solicitors; Seek any relevant response

from staff concerned; Instigate any service recovery identified; Write to the

complainant with the outcome of the enquiry.

The plan is suitable for the complaint made and complete.



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RESTRICTED INVESTIGATIONS


Not Upheld

4 Are the findings of the local resolution appropriate/proportionate to the

complaint?

Yes. The Investigating Officer has looked into the complaint made which is that a

member of his staff gave advice regarding a court case involving the complainant

and a Local Authority regarding non payment of Council Tax and an application by

that Local Authority for a Liability Order.

The advice was that this was a civil matter.

In his investigations the Investigating Officer has sought the advice from Force

Solicitors. He has been advised that the matters which the complainant has

raised should be raised through the court process and may be matters which

could be raised at appeal.

The Investigating Officer has also explained that the Judge is protected in law for

making decisions whilst carrying out duties in the law courts.

The Investigating Officer has concluded that the complainant was given the correct

advice and advised that he should return to the courts to argue the points he has

raised.

The appeal assessment concludes that the findings of the Local Resolution are

appropriate and proportionate to the complaint made.


Not Upheld

5 Are the Force s proposed actions following the local resolution adequate?

There are no proposed actions for the Force which is appropriate in this case.


Not Upheld

6 Was the outcome of the local resolution adequately communicated?

Yes. By way of Letter of Outcome to the complainant.



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Not Upheld

7. Grounds for appeal addressed.

It is important to note that the purpose of the appeal process is not to re investigate

the complaint but to review the Local Resolution outcome I into the complaint.

The complaint file CO/461/15 and associated appeal papers were considered.

The Appeal Assessment has addressed the complaint made and looked at the

representations made by the complainant at appeal.

On the basis of all the evidence available the assessment concludes that the

correct decision was made to Locally Resolve the complaint.

On the basis of this assessment I have decided to Not Uphold the

appeal.

ACTIONS REQUIRED OF THE FORCE/APPROPRIATE AUTHORITY

None.


Documents

Appeal Outcome 8 June 16 Redact