The Police and Crime Panel (PCP) is responsible for handling
complaints made against the Police and Crime Commissioner (PCC) or
the Deputy Police and Crime Commissioner (DPCC) for Hampshire and
the Isle of Wight.
The PCP has a number of agreed protocols outlining how it will
handle such complaints.
PCP - Complaints Handling Flowchart
PCP - Protocol for the Informal Complaints Procedure
Guidance note on the management of unreasonable complainant
behaviour
Following the inception of the Police Act 1996 (Amendment and
Consequential Amendments) Regulations 2022, at its meeting of 21
November 2022 the PCP agreed to be known as Hampshire and Isle of
Wight Police and Crime Panel (formally the Hampshire Police and
Crime Panel). Agendas and minutes of previous meetings can be
viewed online Meetings
prior to November 2022
The PCP is only able to consider complaints relating to the conduct
of the PCC/DPCC. Conduct in this regard may include actions and
omissions, statements or procedures of, or undertaken by the
PCC/DPCC, including the way decisions are taken. The PCP does not
have the power to review the merits of any decisions taken by the
PCC/DPCC, only whether the decision was taken properly in
accordance with procedures and any statutory requirements.
Complaints relating to the merit of decisions made by the PCC or
the actions taken by members of the PCC’s staff should be
addressed to the Chief Executive of the Office of the PCC (OPCC)
directly.
If you wish to make a complaint regarding the alleged conduct,
including alleged criminal conduct, of the PCC/DPCC, you should
submit your complaint in writing, using our form:
Raise a complaint against the Police and Crime Commissioner/Deputy
Police and Crime Commissioner for Hampshire
In line with the requirements of the Equalities Act 2010, we can
make reasonable adjustments to assist you if you have a disability
that prevents you from making your complaint in writing. We can
also provide help if English is not your first language. Please
call 0300 555 1375 if such assistance is required.
Under the Police (Complaints and Misconduct) Regulations 2020 the
PCC has responsibility for carrying out reviews, where they are the
relevant review body for complaints against Hampshire and Isle of
Wight Constabulary (the Constabulary) that are handled under the
Police Reform Act 2002. The PCP does not have the power to review
individual decisions reached by the PCC and/or their office in
respect of applications made to review the outcome of complaints,
and are not the correct body of recourse to challenge such
decisions made the PCC and/or their office. For further information
about the complaint review process please visit the website of the
Police and Crime Commissioner for Hampshire
https://www.hampshire-pcc.gov.uk/contact-us/complaints-and-reviews
Process
Your complaint will initially be received by the Chief Executive to
the PCC, as they hold delegated responsibility to record complaints
received by to the Panel. They are required to refer complaints of
alleged criminal conduct to the Independent Office for Police
Conduct.
In respect of other complaints, where the Chief Executive to the
PCC determines that they properly fall within the responsibility of
the PCP, they will record the complaint and will refer the matter
to the Complaints Sub-Committee of the PCP which in most cases,
will handle the complaint in accordance with the informal
resolution process. Under this process, the Sub-Committee has
powers to require the person complained against to provide
information or documents or attend before it but, otherwise, it
does not have the power to investigate the complaint. The
Sub-Committee has various options for informal resolution which can
include and is not limited to providing:
·
an explanatory letter being written by an officer on behalf of the
Sub-Committee, or by an officer of the Office of the PCC
·
a suggested change to a policy of the Office of the PCC
·
a request that an apology is tendered; or
in some cases, disapplication of the informal resolution process
enabling the Sub-Committee to handle the complaint as it sees fit,
or take no further action. These are cases where for
example:
·
the matter is already the subject of a complaint
·
the complaint is anonymously made and it is not reasonably
practicable to ascertain the name of or address of the
complainant
·
the complaint is vexatious, oppressive or otherwise an abuse of the
complaints procedure
·
the complaint is repetitious (it is substantially the same as a
previous complaint, it contains no fresh allegations which
significantly affect the account of the conduct complained of, no
fresh evidence, being evidence which was not reasonably available
at the time the previous complaint was made, is tendered in support
of it, and the previous complaint was resolved or withdrawn)
·
the matter took place more than 12 months ago and no good reason
for the delay has been shown or injustice would be caused by the
delay; or
·
the complaint is concerned entirely with the conduct of the
PCC/DPCC in relation to a member of the PCC/DPCC's staff
Whichever path is followed, the complaints process ends when the
parties are notified of the outcome reached by the
Sub-Committee.
Consideration of a complaint may be outside the powers or
responsibility of the PCP, for example, where a complaint relates
to an issue of operational policing , should this be the case the
Chief Executive and/or the Panel will contact you to confirm how
the matter will be handled.
The powers of the PCP in respect of complaints are prescribed by
the Police Reform and Social Responsibility Act 2011, and the
Elected Local Policing Bodies (Complaints and Misconduct)
Regulations 2012.
