IOPC’s criminally handled appeal outcome letter dated 26 August 2020. Concerns Humberside Police's refusal to investigate allegations of perverting the course of justice on the grounds that the complaint is vexatious, tending to or intended to vex/worry/annoy officers. Allegations are that the officer has pursued a deliberate course of action to affect the course of justice; by intentionally frustrating a police investigation into serious crime to enable potential defendants to evade arrest or commit further offences. The 17 April 2019 investigation outcome along with correspondence entered into in the matter between 2 February and 30 March 2019 supports incontrovertibly that the investigation was staged to effect a cover up of serious criminal wrongdoing to vindicate the accused. An account briefly summarising each aspect of the alleged conduct relating only to allegation (1) as referred to in the investigation outcome letter of 17 April 2019 is provided in the annex to this form. Further details relating to allegations (2) an (3) may be provided as and when required. A complaint is suitable for local resolution if the appropriate authority is satisfied that the conduct being complained about, even if proven, would not justify criminal or disciplinary proceedings against the person being complained about. The conduct being complained about in this complaint would without any question if proven justify criminal and disciplinary proceedings against the person being complained about so this complaint is clearly not suitable for local resolution. It is not a repetitive complaint because I have never made a complaint about the named officer perverting the course of justice or a complaint of any sort for that matter
1. Our reference: 2020/135399
Force reference: CO/00382/20
SENT BY EGRESS TO: xxxxxx@gmail.com
Mr
Grimsby
North East Lincolnshire
DN32
26 August 2020
Dear Mr ,
This letter is about your application for a review against the decision made by
Humberside Police’s Professional Standards Department (PSD), which we
received on 4 May 2020
We are independent of the police. Our legal powers and duties to carry out a
review are set out in paragraph 6A of Schedule 3 of the Police Reform Act
2002 and Regulation 29 of the Police (Complaints and Misconduct)
Regulations 2020.
Our role is to consider whether the outcome of the handling of your complaint
dated 17 April 2020 was reasonable and proportionate. We cannot investigate
your complaint as part of this review.
In deciding whether the outcome was reasonable and proportionate, we will
look at what actions the complaint handler took to address your complaint,
whether the complaint handler took into account any relevant legislation and
guidance, whether the complaint handler engaged sufficiently with you in
order to fully understand the complaint, whether the findings and
determinations logically follow from the information or evidence obtained and
whether the complaint handler identified any potential for learning.
1. Was the outcome of your complaints reasonable and proportionate?
I have concluded that the outcome of the complaint was reasonable and
proportionate, therefore your review is not upheld
When making my decision I have considered:
• your email for review dated 4 May 2020 and any supplementary
information that you have submitted;
• the evidence referred to in the decision letter by the complaint handler
2. 2
dated 27 April 2020 and any other information contained within the
background papers;
• IOPC Statutory Guidance for how the police should handle recorded
complaints.
On 17 April 2020 you made a complaint against DS Ian Potter where you
have alleged that he pursued a deliberate course of action to affect the course
of justice by intentionally frustrating a police investigation into a serious crime
to enable potential defendants to evade arrest or commit further offences. The
criminal investigation outcome letter dated 17 April 2019 by DS Potter
confirmed the matter had been filed with no crime.
On 27 April 2020 Humberside PSD wrote to you stating that they had
recorded your complaint however they were taking no further action. PSD
stated that this was because you have already received a full explanation as
to why the criminal matter was filed.
Having reviewed all the information available, I agree with PSD’s decision to
take no further action with your complaint dated 17 April 2020. My reasons
are as follows:
Your complaint has arisen from an investigation into a crime you reported.
Following the outcome of the crime, you were sent a letter by DS Potter
explaining why the crime had been filed. It appears you are dissatisfied with
the response you have had regarding the outcome of a criminal investigation
and because you are not happy with this you have now raised a complaint
against DS Potter in order to escalate the matter.
I note from your complaint dated 17 April 2020 you state the investigation was
staged in an effect a cover up a serious criminal wrongdoing. However, whilst
I acknowledge the concerns you have raised in your complaint, the complaints
system is not designed to deal with outcomes of a criminal investigation. The
letter dated 17 April 2019 from DS Potter provides you with a full explanation
as to why no further action will be taken against the crime. You may wish to
seek Independent legal advice if you are unhappy with the outcome of the
criminal investigation.
Having looked at how your complaint has been handled, I consider it has been
handled in a reasonable and proportionate way. This is because your
complaint has stemmed from the outcome of a criminal investigation. It
appears you are unhappy with the decision to take no further action and
therefore allege the officer involved in making the decision has covered up a
serious criminal wrongdoing. Whilst I note you are dissatisfied with the
content of DS Potter’s letter, there is no further appeal right for you.
Your application for a review is therefore not upheld.
3. 3
2. Organisational Learning
Throughout my assessment, I have carefully considered whether there are
any opportunities for organisational learning or improvement. In this case, I
have not identified any learning.
RECOMMENDATION
I will not be providing any recommendations as I will not be upholding your
application for a review.
I understand that my decision may come as a disappointment to you, however
you are unable to appeal against the assessment and outcome of your review
application to the IOPC again. If you wish to challenge my decision, you will
need to seek your own independent legal advice.
Yours sincerely
Jerrin Thottapilly
Assessment Analyst
Independent Office for Police Conduct
PO BOX 473
Sale
M33 0BW
Tel: 02071663030
www.policeconduct.gov.uk
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