Open and Transparent Quality Mark 2016/17

Register of complaints against the PCC

The Police Reform and Social Responsibility Act 2011 created a number of provisions which change the way that police complaints are handled and processed.

Under this legislation the role of the Police and Crime Panel has been created for the purpose of scrutinising the PCC and this will include setting up complaints handling arrangements for complaints against the PCC.
 
No formal complaints against the Police and Crime Commissioner have been received during the period of 12th May 2016 – 28th September 2016.
 
Issues relating to election expenses for the 2015 General Election have been referred to the Independent Police Complaints Commission (IPCC) as a ‘serious conduct matter’ not a ‘complaint’. An update on that matter is set out below.
  • On 13th May the OPCC CEO, on delegated authority from the Police and Crime Panel referred the Commissioner, Alison Hernandez, to the IPCC with regard to allegations concerning election expenses for the 2015 General Election.
  • 48 items of correspondence had been received by the OPCC about the Commissioner’s position given the allegations relating to the 2015 General Election. The vast majority of these were sent within the first week.
  • On 27th May 2016 the Commissioner attended an extraordinary meeting of the Police and Crime Panel for members to consider the discharge of the functions of the Police and Crime Commissioner under Devon and Cornwall Police and Crime Panel Rules of Procedure.  At that meeting the Panel unanimously concluded that the Commissioner was able to discharge her functions.
  • The investigation is being carried out by West Mercia Police on behalf of the IPCC. It is envisaged that this investigation will conclude and the result known by the end of February 2017. The most recent update was published on 3 January 2017 and is available here.
Referrals to the Independent Police Complaints Commission
 
The police and crime panel must refer the following to the Independent Police Complaints Commission (IPCC):
  • all recorded conduct matters;
  • all serious complaints (i.e. a complaint which constitutes or involves, or appears to constitute or involve, the commission of a criminal offence); and,
  • any serious complaint or conduct matter where the IPCC has notified the panel that it requires the matter to be referred.
The IPCC will decide whether or not it is necessary for the complaint or conduct matter to be investigated.  If the IPCC decides a complaint does not need to be investigated, it will refer the complaint back to the panel to be dealt with.

Informal resolution
 
The chairman of the Police and Crime Panel (PCP) has requested that the chief executive of the Office of the Police and Crime Commissioner (PCC) undertakes initial handling and recording of complaints against the PCC.

Details of the process by which this will be done will be included here in due course.

There are currently no complaints that have been brought to the attention of the PCC by the police and crime panel (because they have been referred to the IPCC or because they are being subjected.

Close

Sign up for news

Fill in your name and email address to receive our quarterly newsletter direct to your inbox. We share information on what we’re working on, our public engagement activities as well as how we’re investing in Policing in Devon and Cornwall.