From 22nd November 2012 changes to the police complaints system came into effect as a result of the Police (Complaints & Misconduct) Regulations 2012, the Police (Conduct) Regulations 2012 and the Police Reform and Social Responsibility Act 2011.
Whilst the Independent Office for Police Conduct (IOPC) remains the statutory organisation, which oversees the police complaints system, it will no longer have responsibility for determining certain appeals.
The IOPC is the relevant appeal body for non-recording decisions or any complaints which relate to:
- The conduct of a Senior Officer (Deputy or Assistant Chief Constable)
- Any complaint which has been referred to the IOPC
- Any complaint which is in contravention of Article 2 (The Right to Life) and 3 (Torture) of the Human Rights Act
- Any complaint where special requirements apply i.e. a complaint which has met the threshold for misconduct
- Any complaint or part of a complaint arising from the same incident as any of the above.
The Chief Constable is the appropriate authority for complaint and conduct matters relating to Cheshire Police officers and staff. The Chief Constable is also the relevant appeal body for all locally handled complaints which fall outside of those categories of appeal dealt with by the IOPC.
The Head of the Professional Standards Department has delegated responsibility to handle complaint and conduct matters on behalf of the Chief Constable. Therefore any correspondence relating to complaint or conduct matters should be directed to the Professional Standards Department.
When finalising any complaint the Professional Standards Department will inform a complainant of their right of appeal and the identity of the relevant appeal body. An appeal form detailing when and how an appeal can be made will also be sent to the complainant.
Guidance on complaint appeals can be found in the attached appeal guidance document and links to electronic appeal forms can be found on this webpage.
Completed appeal forms can either be saved and emailed to firstname.lastname@example.org or printed off and posted to:
Professional Standards Department,
Any appeal must be in writing and state the details of the complaint, the date on which the complaint was made, the name of the force or local policing body whose decision is subject of the appeal, the grounds for the appeal and the date on which the decision to which the appeal relates was given to the complainant.or further information and guidance on appeals please refer to the IOPC Website.