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Police: Complaints

Volume 492: debated on Thursday 14 May 2009

To ask the Secretary of State for the Home Department (1) how many complaints were recorded against the police in (a) Essex and (b) England and Wales in each of the last 10 years; what the rate of complaints per 1,000 of population was in each such year; and if she will make a statement; (273865)

(2) what complaints to the Independent Police Complaints Commission have been upheld in each year since its inception; what (a) response was made and (b) steps were taken by the relevant police force to implement the recommendations; and if she will make a statement;

(3) how many complaints from (a) England and Wales, (b) Essex and (c) Southend were (i) made to the Independent Police Complaints Commission (IPCC), (ii) upheld and (iii) investigated by (A) the IPCC, (B) another police force and (C) another independent organisation since the IPCC's inception;

(4) how much has been spent on (a) office accommodation, (b) staff costs, (c) staff travel and subsistence and (d) staff bonuses at the Independent Police Complaints Commission in each year since its inception; and if she will make a statement;

(5) how many staff employed by the Independent Police Complaints Commission have been made redundant in each of the last three years for which figures are available.

The Home Office does not hold the information requested as these are matters primarily for the Independent Police Complaints Commission (IPCC) in fulfilling its statutory functions under the Police Reform Act 2002. The IPCC will respond to you direct. Copies of the letter containing the IPCC's response will be placed in the Library.

To ask the Secretary of State for the Home Department what written (a) advice and (b) guidance is provided by (i) her Department and (ii) the Independent Police Complaints Commission (IPCC) to members of the public wishing to make a complaint about the police; if she will place in the Library a copy of each such document; what recent representations she has received from (A) members of the public, (B) hon. Members and (C) police forces about the adequacy of the powers of the IPCC to investigate the police; and if she will make a statement. (273866)

The IPCC publishes a wide range of information to inform the public about its work and to support them through the complaints process. This includes web based information and a number of information leaflets covering different areas of the process including making a complaint and the rights of appeal. These leaflets are produced in a variety of languages and are available in hard copy through a number of outlets including Citizens Advice Bureau offices and police stations. They are also available from the IPCC on request.

The IPCC has a team of staff who deal with calls, letters and emails from members of the public requesting information about the police complaints system and how to make a complaint.

I regularly receive a number of representations from different sources on various issues relating to the IPCC. The IPCC continues to carry out an important role. The IPCC works with its stakeholders to continue to improve the police complaints system, for example, by taking forward work on its stock-take of the system following public consultation on a number of proposals for changes to the system.

To ask the Secretary of State for the Home Department how many requests for information under the Freedom of Information Act 2000 the Independent Police Complaints Commission has received since 2005; how many such requests were (a) agreed to and (b) refused in each of those years; how many refusals were subject to appeal to the Information Commissioner in each of those years; how many such appeals were successful; if she will place in the Library copies of the material subsequently provided in each case; and if she will make a statement. (273870)

Since 2005 the Home Office has received the following Freedom of Information Act requests relating to the Independent Police Complaints Commission (IPCC).

Freedom of Information Act requests

Number

Total number of requests received until 1 May 2008

19

Total number of cases of where information released

2

Total number of case where information was not released

16

Total appealed to the Information Commissioner

0

Cases currently on-going

1

For those cases where information was not released, in nine cases collating the information would have exceeded the cost limit; in three cases the information was already in the public domain; and in six cases the information was not held.

To ask the Secretary of State for the Home Department how many reports the Independent Police Complaints Commission (IPCC) has made to her Department on matters which it considers should be drawn to her attention by reason of their gravity or of other exceptional circumstances; how many were laid before Parliament; what discussions she has had with the IPCC on such matters since June 2007; if she will place in the Library copies of each such report produced by the IPCC which has not been previously laid before Parliament; and if she will make a statement. (273873)

The Independent Police Complaints Commission (IPCC) has made one report to the Home Office by reason of the gravity or of other exceptional circumstances. That report (‘Police Road Traffic Incidents: a study of cases involving serious and fatal injuries’) was published and laid before Parliament on 18 September 2007.

Following the report, ACPO set up a working party to produce new guidance for the police on the management of police pursuits. The IPCC was involved in this work and in subsequent discussions on how to take matters forward. We are currently working with Association of Chief Police Officer and the National Policing Improvement Agency on how best to ensure general compliance with the best practice set out in the guidance.

To ask the Secretary of State for the Home Department which police forces have awarded compensation to complainants whose complaints have been upheld by the Independent Police Complaints Commission in each year since its creation; how much was awarded in each case; what guidance her Department has issued on the level of compensation to be awarded; and if she will make a statement. (273884)

The information sought is not collected or held by the Home Office.

Under section 88 of the Police Act 1996, any decision to award compensation following inappropriate police conduct, including following a complaint upheld by the Independent Police Complaints Commission, is a matter for the chief officer of the force.

To ask the Secretary of State for the Home Department what legislation currently regulates the Independent Police Complaints Commission; what amendments have been made to such legislation since its entry into force; what recent representations she has received on the operation of this legislation; which (a) statutory instruments, (b) departmental circulars, (c) consultation documents and (d) other documents she (i) has issued since February 2008 and (ii) plans to issue in the next two years consequent on the provisions of this legislation; and if she will make a statement. (273977)

The Independent Police Complaints Commission (IPCC) was established under the Police Reform Act 2002, with a remit covering complaints and conduct matters involving persons serving with the police service in England and Wales. The IPCC came into operation on 1 April 2004.

IPCC (Investigatory Powers) Order 2004 S.I. 2004/815 modifies, in relation to the functions of the IPCC:

Part 3 of the Police Act 1997 (authorisations to interfere with property); and

Parts 2 (intrusive surveillance) and 4 (Tribunal) of the Regulation of Investigatory Powers Act 2000.

Schedule 12 to the Serious Organised Crime and Police Act 2005 amended the Police Reform Act 2002, extending the IPCC's remit to cover death and serious injury matters, and to cover complaints against the Serious and Organised Crime Agency.

The Commissioners of Revenue and Customs Act 2005 and the Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311) as amended by S.I. 2006/1748 made under the 2005 Act extended the IPCC's remit in relation to the commissioners and officers of HM Revenue and Customs.

The Police and Justice Act 2006 extended the IPCC's jurisdiction to cover specified enforcement functions of immigration officers.

A statutory order was laid before Parliament on 5 June 2007 for the purpose of applying the Official Secrets Act to IPCC commissioners and staff.

The Criminal Justice and Immigration Act 2008 made further amendments to the Police Reform Act 2002 aimed at simplifying and modernising the police conduct system.

As part of these reforms to the police disciplinary system in which the IPCC plays a part, the following statutory instruments were laid before Parliament and came into force on 1 December 2008:

The Police (Conduct) Regulations 2008 (S.I. 2008/2864);

The Police (Performance) Regulations 2008 (S.I. 2008/2862);

The Police Appeals Tribunals Rules 2008 (S.I. 2008/2863);

The Police (Complaints and Misconduct) (Amendment) Regulations 2008 (S.I.2008/2866)

The Police (Amendment) Regulations 2008 (S.I. 2008/2865).;

Home Office Circular 025/2008 was issued to inform all Chief Officers of these new regulations. Guidance was also produced entitled ‘Police Officer Misconduct, Unsatisfactory Performance and Attendance Management procedures’ explaining the new system.

The IPCC has recently conducted a stock take of its operation and we are working with the IPCC to consider what further guidance, circulars or legislation may be required as a result.

To ask the Secretary of State for the Home Department on what occasions (a) evidence, (b) findings and (c) recommendations from investigations from the Independent Police Complaints Commission have been included in police performance and conduct systems; and what the outcome was of each case where proceedings have been completed. (274009)

The IPCC’s Learning the Lessons Committee, which includes representatives from the Home Office, Association of Police Authorities, HM Inspectorate of Constabulary and the National Police Improvement Agency, issues regular bulletins covering lessons learnt from IPCC investigations which are fed into the police service to improve its policies and practices. The IPCC is also developing a performance framework to improve the effectiveness and efficiency of the police complaints system.

A copy of the hon. Member’s question has been sent to the IPCC and they will also respond to the hon. Member directly. Copies of the letter containing the IPCC’s response will be placed in the Library.

To ask the Secretary of State for the Home Department what recent discussions she has had with the Independent Police Complaints Commission (IPCC) on (a) its target for conclusion of a complaint against the police from the date of registration of the complaint and (b) the average time taken per case; what representations she has received from (i) hon. Members and (ii) members of the public about the time taken by the IPCC to investigate a complaint against a police force; what response she gave; and if she will make a statement. (274011)

The Home Office is working with the IPCC, the Association of Chief Police Officers and the Association of Police Authorities to help it develop a performance framework to help assess and improve the performance of the complaints system as a whole, including the work of the IPCC.

The IPCC monitors timescales of the complaints which it carries out, manages or supervises but there is no single overarching target for concluding consideration of a complaint against the police as the time will vary depending on the particular circumstances of each case.

To ask the Secretary of State for the Home Department how many officials in her Department at each pay band have responsibility for the (a) formulation and (b) implementation of policy on the Independent Police Complaints Commission; what other posts in her Department each such official has held; and if she will make a statement. (274017)

In line with standard non-departmental public body (NDPB) sponsorship arrangements, the IPCC sponsor team is led by a member of the senior civil service (SCS) who is supported by a team of appropriate grades with suitable skills and experience.

To ask the Secretary of State for the Home Department if she will bring forward proposals to establish an appeal mechanism for circumstances in which the Independent Police Complaints Commission decides not to uphold a complaint made against a police force; what recent representations she has received about this issue; and if she will make a statement. (274053)

Complainants have a right of appeal following an IPCC supervised investigation. While there is no right of appeal following an IPCC managed or independent investigation, any decisions not to uphold a complaint following a managed or independent investigation can be challenged through the courts by seeking a judicial review.