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Reviews/Complaints

Complaints

 

Please be aware that the Police and Crime Commissioner cannot investigate complaints regarding operational policing matters or concerning police officers below the rank of Chief Constable. Any complaints regarding police officers and members of police staff, under the rank of Chief Constable, or general complaints about the Constabulary should be submitted via the online complaints link - https://www.derbyshire.police.uk/fo/feedback/tc/thanks-and-complaints/ or by ringing 101 directly.

 

Below details the areas of complaints and reviews that the Police and Crime Commissioner can deal with -

 

Complaints against the Chief Constable

The Police, under the direction of the Chief Constable, have operational independence and are accountable to the law for the exercise of police powers. However, the Chief Constable is also accountable to the Police and Crime Commissioner for the delivery of efficient and effective policing, management of resources and expenditure, and ultimately the delivery of policing in Derbyshire.

The Police and Crime Commissioner (PCC) is responsible for holding the Chief Constable of Derbyshire Constabulary to account for how policing services are delivered. The PCC is also responsible (as the ‘appropriate authority’) for any complaints, conduct matters, or Death or Serious Injury matters involving the Chief Constable (or any acting Chief Constable) of Derbyshire Constabulary.

The PCC is also responsible for handling complaints against the personal conduct of the Chief Constable. This includes acts, omissions, statements and decisions by the Chief Constable.

Expectations about the behaviour of the Chief Constable are set out in the Standards of Professional Behaviour.

These expectations include requirements to:

  • Act with Honesty and Integrity
  • Treat members of the public and their colleagues with Respect and Courtesy
  • Not abuse powers and authority
  • Act with fairness and impartiality
  • Act in a manner that does not discredit or undermine public confidence in the police service

 

The PCC acts as the disciplinary body (appropriate authority) for the Chief Constable and the arrangements for dealing with complaints against the personal conduct of a Chief Constable are statutory, as set out within the Police Reform Act 2002. We will need to know why you feel the actions of the Chief Constable have breached the Standards of Professional Behaviour.

Remember, the PCC can only look at complaints concerning the Chief Constables personal conduct and not the personal conduct of any police officers or staff under the Chief Constable. If you have a complaint regarding specific police officers or staff or about the Constabulary in general then these will need to be directed to the Constabulary via the website link - https://www.derbyshire.police.uk/fo/feedback/tc/thanks-and-complaints/ or by calling 101 directly.

If you wish to make a complaint about the personal conduct of the Chief Constable for not meeting the Standards of Professional Behaviour then you can do this in a variety of ways:

Email -  PCCOffice@Derbyshire.PNN.Police.UK

Phone - 0300 122 6000

Or write to:

The Police and Crime Commissioner
Office of the Police and Crime Commissioner
Butterley Hall
Ripley
Derbyshire
DE5 3RS
 

N.B. The PCC only deals with purely conduct-related complaints about the Chief Constable and not complaints about operational decisions or policing policies.  

 

What happens after a complaint is made against the Chief Constable?

We aim to make a recording decision and reply to you within 10 working days. You have the right to appeal to the IOPC if you disagree with our decision not to officially record your complaint. 

We will decide whether the complaint can be locally resolved with you or if criminal or misconduct proceedings require formal investigation.

We will also determine whether any action should be taken and whether disciplinary proceedings should be brought if the complaint is against the current Chief Constable. This is not required for a Chief Constable who is no longer serving in the Derbyshire Constabulary, although criminal proceeding could be brought if appropriate.

 

Complaints against the Police and Crime Commissioner

Police & Crime Commissioners are directly elected by the public and therefore will be held to account, not only on election day, but every day by local people, groups and communities during their term.

The Police & Crime Commissioner (PCC) is a representative of the community and must conduct themselves in a way that does not discredit their office. The PCC is subject to a Code of Conduct (see below) which sets out the expected standards of personal conduct and ethical standards of behaviour.

For the Code of Conduct for the PCC click here.

If you have a complaint that the PCC has breached their Code of Conduct then the appropriate authority is the Police & Crime Panel to handle it. This has been delegated initially to the Chief Executive in the Office of the PCC to handle.

The Police and Crime Panel (PCP) ensure that the Panel members support the Police & Crime Commissioner, but they are also there to provide the checks and balances on the performance and activities of the Commissioner and to scrutinise the Commissioner’s conduct on behalf of the public.

The Chief Executive will respond to you with a recording decision regarding your complaint, within 10 working days and will endeavour to resolve the matter to your satisfaction within 20 working days.

If you wish to make a complaint against the PCC, then you can do this in a variety of ways:

Email -  PCCOffice@Derbyshire.PNN.Police.UK

Phone - 0300 122 6000

Or write to:

The Police and Crime Commissioner
Office of the Police and Crime Commissioner
Butterley Hall
Ripley
Derbyshire
DE5 3RS

 

When you make a complaint please state what the complaint is regarding and what you would consider to be a satisfactory outcome.

What happens after a complaint against the PCC is made?

If you disagree with the response from the Chief Executive regarding a non-criminal complaint then you can ask that the Police & Crime Panel review it. Click here.

If your complaint alleges a criminal offence then it will to referred to the Independent Office for Police Complaints (IOPC) to handle, Please see website link below for more details:

 www.policeconduct.gov.uk

 

Complaints about the Office of the Police and Crime Commissioner (OPCC) Staff

The PCC’s staff members follow a code of conduct and agree to follow the policies and procedures of the PCC’s office.

For the Code of Conduct for the OPCC click here.

If you wish to complain about the service you have received from a member of staff at the OPCC or the way in which that member of staff has conducted themselves then you can contact the Chief Executive Officer, unless the complaint is against the Chief Executive and then the complaint will need to contact the Police and Crime Commissioner.

If you wish to make a complaint against a member of staff at the OPCC, then you can do this in a variety of ways:

Email -  PCCOffice@Derbyshire.PNN.Police.UK

Phone - 0300 122 6000

Or write to:

The Police and Crime Commissioner
Office of the Police and Crime Commissioner
Butterley Hall
Ripley
Derbyshire
DE5 3RS

 

When you make a complaint please state what the complaint is regarding and what you would consider to be a satisfactory outcome.

All investigations will receive an acknowledgement within 5 working days of receipt of the complaint. The Chief Executive/Commissioner will endeavour to resolve the matter to your satisfaction within 20 working days.

If you disagree with the response from the Chief Executive then you can ask that the Commissioner to review your complaint. Their decision will be final.

 

Reviews

Reviews of complaints recorded under Schedule 3 of the Police Reform Act 2002.

 From 1st February 2020 there are new rules for dealing with appeals following a complaint investigation.

Where your complaint has been concluded by Derbyshire Constabulary and you have received a complaint outcome letter from the Organisational Learning Culture and Ethics department (OLCE) and you are dissatisfied with the outcome of your complaint then your outcome letter will state that you have a right to apply for a review of that outcome to the Police and Crime Commissioner. The review will consider whether the outcome of the handling of your complaint has been reasonable and proportionate. This review process is only available to complaints that have been recorded under Schedule 3 of the Police and Reform Act 2002 on or after 1st February 2020 and you cannot exercise your right to apply for a review before the completion of a complaint by Derbyshire Constabulary.

All reviews must be made in writing to the Police and Crime Commissioner within 28 days of receiving your complaint outcome letter and should state the following:

  • reference number of the complaint;
  • the details of the complaint including - why you are not happy with the outcome you have received and what youd like doing to remedy the situation)
  • the date on which your complaint was originally made to the constabulary;
  • the date the complaint was concluded by the constabulary and your outcome letter was received.

N.B. If you are acting on a complainant’s behalf to apply for a right to review then along with the information listed above, we will also need to see written proof that the complainant has granted you to act on their behalf. We normally ask for a written declaration stating this, that is signed and dated by the complainant before we will continue with the review.

You can submit your right for review in the following ways:     

Email -  PCCOffice@Derbyshire.PNN.Police.UK

Phone - 0300 122 6000

Or write to:
 
The Police and Crime Commissioner
Office of the Police and Crime Commissioner
Butterley Hall
Ripley
Derbyshire
DE5 3RS
 

N.B. If you require any assistance or reasonable adjustments to be able to submit a review to the Police and Crime Commissioner please ring the Police and Crime Commissioners Office on the number above where we will be more than happy to help.

 


ADDITIONAL INFORMATION

 

Publication Scheme

The Commissioner's publication scheme where readily accessible information that is already published can be accessed here 

 
 
 
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