Under the Police Reform and Social Responsibility Act 2011 (legislation.gov.uk), (as amended by later legislation) Police and Crime Commissioners are responsible for complaints against Chief Constables. This policy outlines how they will be managed in accordance with legislation.

 

Information on how the public can make a complaint against the Chief Constable is published on the Commissioner’s website, and is supported by this accessible, public-facing policy.

 

Receiving a complaint

 

1. A complaint is defined by the Independent Office for Police Conduct (IOPC) as “an expression of dissatisfaction by a member of the public”. It covers matters of conduct (acts, omissions, statements, decisions), and those issues considered direction and control (organisational decisions, policies and procedures, and standards).

 

2. A complaint does not have to be marked as such to be considered a complaint, nor does it need to be in writing.

 

Recording the complaint 

 

3. The Commissioner’s Office will keep a formal record of complaints received regarding the Chief Constable and action taken.

 

4. When a complaint is received by the Office of the Police and Crime Commissioner (OPCC), an appropriate member of staff will consider the content and contact the complainant to acknowledge receipt and explain the next steps.

 

5. The Head of Standards and Regulation (or appropriate member of PCC staff under delegated authority) will then decide whether the complaint should be recorded, in line with the IOPC’s Statutory Guidance. This decision will be made within a reasonable and proportionate timeframe depending on the severity of the complaint.

 

6. If the complaint is recorded, the complainant will receive written notification and be provided with the details of the complaint. If not already provided, the complainant will also be asked:
   • for their preferred method of contact; and
   • if they agree with how their complaint has been worded (if there is a dispute, the Commissioner (or appropriate member of PCC staff under delegated authority will try to resolve the matter with the complainant).

 

7. The Chief Constable will also be informed of the complaint, unless to do so: i) might prejudice any criminal investigation; and/or ii) is other-wise contrary to the public interest.

 

8. If the complaint is not recorded- for example, if the matters complained about relate to issues that are handled by other officers/staff under delegated authority- then the complaint will be passed to the relevant ‘Appropriate Authority’, in this case Kent Professional Standards Department. The complainant will be contacted and an explanation provided.

 

IOPC Referral Criteria

 

9. A complaint or conduct matter will be referred to the IOPC in line with the Statutory guidance on the police complaints system (policeconduct.gov.uk) (Page 37)

 

 

10. Should a complaint or conduct matter be referred to the IOPC and returned to the OPCC for local handling, the matter will be assessed by the Head of Standards and Regulation under the delegated authority of the Chief Executive in line with the Statutory Guidance and actioned accordingly.

 

Complaint handling

 

 

11. Complaint matters will be handled in line with the Statutory Guidance .  

 

12. Where necessary, the OPCC may liaise with other parties (including, but not limited to, the Chief Constable’s office, officers or staff at Kent Police and third-party organisations) in order to determine details relating to the complaint matter.

 

13. Complainants will receive appropriate communication outlining the outcome of their complaint matter, within a reasonable and proportionate timeframe, (following the date of local handling confirmation being received by the IOPC if the matter has been referred).

 

14. Where a complaint matter may be deemed a form of malicious communication to the OPCC, the Head of Standards and Regulation will liaise with the Chief Executive as necessary to determine the most appropriate methods of communication with the complainant in line with the Statutory Guidance .

 

15. Complainants will also be informed of their right to request a review of the outcome of the complaint to the IOPC.

 

 

*Internal performance data relating to the management and timeliness of Chief Constable complaints may be captured for monitoring purposes only*

 

This policy is subject to revision by the Monitoring Officer; it was last reviewed in September 2022

 

 

Date	Name
October 2016	Adrian Harper
January 2018	Laura Steward
September 2022	Laura Steward