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Communities, Criminals

HUMBERSIDE POLICE
Corporate Development Branch

Police Headquarters
Priory Road
Hull HU5 5SF
Mr " ~.TUl;{
Date: 30 July, 2018
Your Ref:
Grimsby
N E Lincolnshire Our Ref: SL/APLS-005845-SL
DN32 CV-' I This matter is being dealt with by:
Sally Laycock

Facsimile: (01482) 578166

OX No: 708884, Hull 18

Dear Mr ( --_ ...-,

This letter is about your appeal against' Humberside Police which was received on 27th June
2018.

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/49/18 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 forthis 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.

Your

Sally Lay ck
Humberside Police Appeals Body

SL / APLS-005845-SL / 00098652 / Version: NOT PROTECTIVELY MARKEDPage 1

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Complaint raf: CO/4~/18
DETAILS OF APPEAL ~pp~al Ref:
C""'">''<;''L':;,

Type of appeal: Into outcome of Local Resolution

Name of Complainant:

Name of solicitor/agent (if any): N/A

Date of Original Complaint: 2 February 2018

Date of Force decision 15 June 2018

Date Force decision sent to Complainant: 15 June 2018

Date appeal received: 27 June 2018

Appeal in time: Yes

Date of Appeal decision: 30 July 2018

Date complainant informed of decision: 30 July 2018

1. The complaint:

The following allegations have been recorded:

1. Other neglect or failure in duty

The complainant alleges he has previously made a complaint against
police which is being investigated by an inspector and that he has not
received updates from the 20th December 2017 and within the
appropriate time period according to the IOPC guidelines.

2. The appeal (grounds given for the appeal):

The complainant has submitted grounds for appeal on the usual form dated 20
June 2018.

1. Is the appeal complete enough?

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3.
2. Is there
(a) Is the appeal in time? Yes
allow
es in which the appeal wasYes
Yes
(b) Have
themade
appeal? N/A
sufficiently

representations
an appeal right?
,
special to

been received? N/A

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:

• 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

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degrading treatment or punishment

The appropriate authority was therefore 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 confirming the receipt and allocation of his
complaint. The Investigating Officer has also communicated with the complainant.
The Investigating Officer then sent a detaKed outcome letter to the complainant on
15th June 2018.

Summary Appeal Assessment:

Not Upheld

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

The Investigating Officer has, as part of his investigation, been required to;
proportionately gather evidence to establish the facts and circumstances of the
alleged complaint; establish on the balance of probabilities, based on the evidence
and taking into account all of the circumstances, whether there is a case to answer
in respect of either misconduct or gross misconduct or that there is no case to
answer; identify any learning for the individual or organisation.

The Investigating Officer prepared an Investigation Plan which included speaking to

the complainant, speaking to the officer concerned and considering the file.

I am satisfied that the action/investigation plan was suitable and complete.

Summary Appeal Assessment:

Not Upheld

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

complaint?

Yes.

The Investigating Officer has provided a detailed response to the complaint as

raised by the Complainant. The Investigating Officer has given a timeline of

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contacts which the complainant assisted with. He confirmed that he had spoken to
01 Foster who recognised that more contact should have been made with the
complainant however he did say that a full update had now been provided. 01
Foster accepted that updates could have been provided in a more timely manner.

When a complaint is dealt with by way of Local Resolution, it is not a case of a

complaint been upheld or not upheld. The purpose it to resolve any issues and
provide explanations to the complainant.

The findings of the Local Resolution are therefore found to be appropriate and
proportionate to the complaint made.

,
Summary Appeal Assessment:

Not Upheld

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

The Investigating Officer did not identify any proposed actions.

Summary Appeal Assessment:

Not Upheld

6. Was the outcome of the local resolution adequately communicated?

Yes, by way of detailed letter of outcome.

Summary Appeal Assessment:

Not Upheld

7. Grounds for appeal addressed.

The complaint file CO/49/18 and associated appeal papers were considered,
including representations made by the complainant.

It is important to note that the purpose of the appeal process is not to re-investigate
the complaints, but to review the Local Resolution outcome into the complaints. An
appeal is a final opportunity to consider whether the complaint could have been
handled better at a local level and, where appropriate, to put things right.

In his appeal, the Complainant states that the matter was not suitable to be dealt with
under the Local Resolution Procedure. I have dealt with this at 1 above.

The Complainant also states that the complaint raised a wide scope of concerns

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ranging from the failure to provide updates within the appropriate time period to the
improper use of police powers - J have considered the complaint which is the subject
of this appeal which is recorded above. This solely relates to a lack of updates and
not police powers. As such, that is what the investigation focused on and now, what
the Appeal can deal with. I am aware that a copy of the complaint was forwarded to
the complainant on 7 February 2018 and so he was aware what the Investigating
Officer was investigating under CO 49 18.

I note that the majority of the Appeal focuses on matters which are outside the scope
of this Appeal.

On balance, I am satisfied with the how this Local Resolution has been dealt with.

On the basis of this assessment I have d'cided to Not Uphold the appeal.

~i~f;1:~;"/!

ACTIONS REQUIRED OF THE FORCE/APPROPR1ATE AUTHORITY

"',~"" " " " rCd" " " '~

None required.

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