The appellant's appeal against Humberside Police regarding their complaint was reviewed but ultimately not upheld, as the complaint was deemed suitable for local resolution. The investigating officer found that the advice given to the complainant was appropriate and advised him to pursue the matter through the court system. The decision confirms that the appeal process serves to review local resolutions rather than re-investigate the complaint.

1. IN THE FIRST-TIER TRIBUNAL
GENERAL REGULATORY CHAMBER
(INFORMATION RIGHTS)
APPEAL: EA/2017/0161
BETWEEN:
Appellant
and
THE INFORMATION COMMISSIONER
Respondent
EXHIBIT A-3
Assessment of appeal to Local Resolution outcome
(8 June 2016)

2. - - -- - ."
Criminals, Making a D:fference
Appeal ref: HAB/LSU/45/20383/AS
Complaint ref: CO/461/15
HUMBERSIDE POLICE
APPEAL BODY
Police Headquarters
Priory Road
Hull HU55SF
Te1No:01482
578125
Fax No: 01482 305004
Switchboard: 101
This matter is being dealt with by:
Judi Heaton
Humberside Police Appeal Body
.---------------- -----
Dear Mr (
8 June 2016
This letter is about your appeal against Humberside Police which was received on 25
January 2016.
Before outlining my decision I should explain that my role is not to re-investigate your
complaint but to review the Local Resolution outcome into your complaint.
As part of the review I have looked carefully at:
Complaint File CO/461/15 and associated appeal papers.
After considering all the information available I have now made a decision about your
appeal. I have not upheld your appeal and the reasons for this decision are set out in
the attached report.
I appreciate this decision will be disappointing for you, however I assure you that the
appeal has been dealt with objectively and independently.
You are not able to appeal against the assessment of your appeal. Humberside Police
Appeal Body decisions are final. This means that any decision made and
communicated to those involved can usually be overturned only by the courts through
judicial review process.
If you intend to pursue this course of action you should seek legal advice.
Yours sincerely
~~
~fJudi Heaton
Humberside Police Appeals body
End.

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Complaint ref: CO/461l15
AL
Appeal Ref: HAB/LSU/45/20383/ASInto outcome of Local ResolutionMrNIN/A12 November 201513 January 2016
mplainant:
13 January 201625 January 2016Yes8 June 2016
decision:
8 June 2016
BACKGROUND TO THE APPEAL
1. The complaint:
The following allegations have been recorded:
1. Other neglect or failure in duty
The complainant alleges that an officer has wrongly informed him that a
matter which he wanted to report is a civil matter, when he believes it to
be a criminal matter.
2. The appeal (grounds given for the appeal):
The complainant, on his appeal forms has stated that he does not
consider the complaint was suitable for Local Resolution.
He states that his request that the complaint be escalated to the Chief
Constable has been ignored.
The complainant has then reproduced some emails and key facts
statements and guidance which are already part of the complaint file.
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The complainant continues by stating that the outcome was wholly
inappropriate and goes on to suggest that Humberside Police engages
in a practice which overlooks its duty to the taxpayer in favour of
shielding the local authority from justice.
The complainant states that the outcome was also wrongly determined
on advice from the 'Force Solicitors' and states that the advice
regarding making an appeal (to the Court) is an unreasonable procedure
for an ordinary taxpayer.
CONSIDERATION OF VALIDITY
1. Is the appeal complete enough?
Yes
2. Is there an appeal right?
Yes
3. (a) Is the appeal in time? Yes
(b) Have representations been received? N/A
(c) Are the circumstances in which the appeal was made sufficiently special to
allow the appeal? N/A
A§SE~SMENI OF.APPE~L A9AIN§I THE qpTQq""E OF THE LOC~L
RESOLUTION OF A COMPLAINT, OR THE.OUTCOME OF A COMPLAINT
HANDLED OTHERWISE IN ACCORDANCEWl'rtl SHEDULE3 OF/THE POLICE
REFORM ACT 2002
1. Was the complaint suitable for local resolution?
Yes. The criteria for whether or not a complaint can be dealt with by Local Resolution
are set out in Paragraph 6, Schedule 3 of the Police Reform Act 2002 (as amended).
The conditions which must be satisfied are:
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• The appropriate authority is satisfied that the conduct that is being complained
about (even if it were proved) would not justify bringing criminal or disciplinary
proceedings against the person whose conduct is complained about; and
• The appropriate authority is satisfied that the conduct complained about (even
if it were proved) would not involve the infringement of a person's rights under
Article 2 or 3 of the European Convention on Human Rights.
Both of these conditions must be satisfied for the matter to be deemed suitable to be
dealt with by Local Resolution.
The complaint made against the police in this case is not sufficiently serious to
pursue criminal or disciplinary proceedings.
Article 2 of the European Convention on Human Rights protects a persons' right to life.
Article 3 of the European Convention on Human Rights prohibits torture, and inhuman
degrading treatment or punishment
The person who passed the advice to the complainant would not be subject to
disciplinary or criminal proceedings as a result and therefore the appropriate
authority was correct in deciding that the complaint was suitable for local resolution.
Summary Appeal Assessment:
Not Upheld
2. Was there evidence to show that the complainant was sufficiently informed?
Yes, the complainant was written to by the Appropriate Authority regarding the
leceipt, recording and allocation of his complaint. He has also been in communication
by email with the Investigating Officer and received a Letter of Outcome.
Summary Appeal Assessment:
Not Upheld
3. Was the action plan for the local resolution suitable and complete?
Yes. The Investigating Officer has proposed an Investigation/Action plan of: Deal
with the matter as a Local Resolution; Review contents of Complaint File; Discuss
the matter with Humberside Police Force Solicitors; Seek any relevant response
from staff concerned; Instigate any service recovery identified; Write to the
complainant with the outcome of the enquiry.
The plan is suitable for the complaint made and complete.
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Summary Appeal Assessment:
Not Upheld
4. Are the findings of the local resolution appropriate/proportionate to the
complaint?
Yes. The Investigating Officer has looked into the complaint made, which is that a
member of his staff gave advice regarding a court case involving the complainant
and a Local Authority regarding non-payment of Council Tax and an application by
that Local Authority for a Liability Order.
The advice was that this was a civil matter.
In his investigations, the Investigating Officer has sought the advice from Force
Solicitors. He has been advised that the matters which the complainant has
raised, should be raised through the court process and may be matters which
could be raised at appeal.
The Investigating Officer has also explained that the Judge is protected in law for
making decisions whilst carrying out duties in the law courts.
The Investigating Officer has concluded that the complainant was given the correct
advice and advised that he should return to the courts to argue the points he has
raised.
The appeal assessment concludes that the findings of the Local Resolution are
appropriate and proportionate to the complaint made.
Summary Appeal Assessment:
Not Upheld
5. Are the Force's proposed actions following the local resolution adequate?
There are no proposed actions for the Force, which is appropriate in this case.
Summary Appeal Assessment:
Not Upheld
6. Was the outcome of the local resolution adequately communicated?
Yes. By way of Letter of Outcome to the complainant.
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Summary Appeal Assessment:
Not Upheld
7. Grounds for appeal addressed.
It is important to note that the purpose of the appeal process is not to re-investigate
the complaint, but to review the Local Resolution outcome I into the complaint.
The complaint file CO/461/15 and associated appeal papers were considered.
The Appeal Assessment has addressed the complaint made and looked at the
representations made by the complainant at appeal.
On the basis of all the evidence available, the assessment concludes that the
correct decision was made to Locally Resolve the complaint.
On the basis of this assessment I have decided to Not Uphold the
appeal.
ACTIONS REQUIRED OF THE FORCE/APPROPRIATE AUTHORITY
None.
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