Appeals against a complaint decision

Keywords

IOPC, Complaints, PSD, Professional Standards, Appeal, Appeal officer

Publication number

1173

FOI reference number

15252

Request title

Appeals against a complaint decision

Date range

2020

Information requested

How many people have appealed against a complaint decision?

Of these how many have been successful I.e where the appeal was upheld ?

What is your process when you have upheld an appeal and found that the IO has failed to investigate properly?

Would you usually ask an IO to apologise to the person when the appeal is upheld ?

Disclosure with exemptions

n/a

Information correct as at

28.1.21

Date of disclosure

5.5.21

Related documents

https://www.essex.pfcc.police.uk/wp-content/uploads/2021/02/PSD-Performance-Report-July-20.pdf

FOI 15252 response

Thank you for your enquiry which has been logged under the above reference.

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties on public authorities.  Unless exemptions apply, the first duty at Section 1(1)(a) is to confirm or deny whether the information specified in a request is held.  The second duty at Section 1(1)(b) is to disclose information that has been confirmed as being held.  Where exemptions are relied upon Section 17 of FOIA requires that we provide the applicant with a notice which: a) states that fact b) specifies the exemption(s) in question and c) states (if that would not otherwise be apparent) why the exemption applies.

In respect of your enquiry:

Please can you confirm during 2020 the following:

How many people have appealed against a complaint decision?

Of these how many have been successful i.e. where the appeal was upheld ?

What is your process when you have upheld an appeal and found that the IO has failed to investigate properly?

Would you usually ask an IO to apologise to the person when the appeal is upheld?

IO is investigating officer, this would apply to all complaints against Essex Police regardless of whether they’re dealt with by local resolution or directly by professional standards.

Having completed enquiries within Essex Police and in respect of Section 1(1)(a), Essex Police does hold some data relating to your request, Essex Police can confirm in respect of Section 1(1)(b) the below data; Data correct as at 28.1.21.

1. How many people have appealed against a complaint decision? 163
   
   
2. Of these how many have been successful i.e. where the appeal was upheld? 19
   
   
3. What is your process when you have upheld an appeal and found that the IO has failed to investigate properly? At the conclusion of an investigation or Other than by way Investigation process, the complainant would be offered a right of review. A review will go to the IOPC or the OPFCC depending on which organisation is the Relevant Review Body. If the IOPC or the OFPCC uphold an appeal, they may direct the force to reinvestigate. Once that reinvestigation is complete, the complainant will be afforded a further right of review if they remain dissatisfied. The IO will receive notification of the review outcome and this can potentially encourage learning for the IO. On cases prior to 1 February 2020, the ‘Relevant Review Body’ was an internal Appeals Officer within Essex Police and the term ‘Review’ was ‘Appeal’. For each complaint where an appeal was upheld the appeals officer did apologise on behalf of Essex Police when complaint process were upheld.
   
   
4. Would you usually ask an IO to apologise to the person when the appeal is upheld? Not necessarily, we cannot make an officer apologise which is why consideration is given by the Reviewing or Appeals officer as to whether an apology is given on behalf of Essex Police.

Further information regarding Professional Standards can be found via our publication scheme https://www.essex.police.uk/foi-ai/af/accessing-information/published-items?q=psd together with links to OPFCC website with published.

Essex Police trusts that the links and information provided is of assistance.