Our reference number: 2016/070973

Force reference number: LJ/CC/1697

Mr
Grimsby
South Humberside
DN32

4 October 2016

Dear Mr

This letter is about your appeal against Humberside Police and Crime
Commissioner which we received on 11 August 2016.
We are independent of the police. Our role is to look at whether your
complaint should have recorded. When making my decision I have to see:
if the chief officer or appropriate authority failed to make a decision?
if the chief officer or appropriate authority failed to notify the correct
appropriate authority?
if the matter/s you raised should have been recorded as a complaint?

After looking at all the information available I have not upheld your appeal.
My letter to you will consider each point:
1. Did the chief officer or appropriate authority fail to make a decision?
No, the Humberside Police and Crime Commissioner's office reviewed your
complaint dated 1 August 2016 and notified you of their recording decision in
a letter dated 10 August 2016.
Not Upheld
2. Did the chief officer or appropriate authority fail to notify the
appropriate authority?
No, the Humberside Police and Crime Commissioner's office are the
appropriate authority.
Not Upheld
3. Should the matter/s you raised have been recorded as a complaint?

Mae'r IPCC yn croesawu gohebiaeth yn y Gymraeg

When a complaint is made to a chief officer or appropriate authority, they

have a duty to record any complaint about the conduct (behaviour) of a
person serving with the police or a contractor.
The law allows the chief officer or appropriate authority not to record a
complaint if:
the chief officer/ appropriate authority is satisfied that the subject matter
of the complaint has been, or is being, dealt with by criminal or
disciplinary proceedings against the person whose conduct it was;
the complaint has been previously withdrawn; or
the complaint falls within a description of complaints specified in law,
being:

it is already subject of a complaint made by or on behalf of the
same complainant;

the complaint does not contain the name and address of the
complainant nor that of any other interested person and it is not
reasonably practicable to ascertain such a name or address;

the complaint is vexatious, oppressive or otherwise an abuse of the
procedures for dealing with complaints;

the complaint is repetitious; or

the complaint is fanciful (meaning - if, and only if, no reasonable
person could lend credence to it).
I have reviewed your complaint email dated 1 August 2016 and have decided
that the matters you raise are not required to be recorded.
Within the Humberside Police and Crime Commissioner's non recording
decision letter dated 10 August 2016, they acknowledged your desire to make
a complaint against the Chief Constable of Humberside Police. The
Humberside Police and Crime Commissioner's office reviewed your complaint
against the Chief Constable, Justine Curran and stated they would not be
recording your complaint, as it was deemed to be an abuse of procedure.
The Humberside Police and Crime Commissioner's office referred to your
complaint under Humberside Police's reference C0282/16/AH and noted you
had been informed of the outcome and the correct appeal process in directing
your concerns to the Humberside Police Appeals Body. The Humberside
Police and Crime Commissioner's office stated in their letter dated 10 August
2016, by now directing your complaint at the Chief Constable, it seemed you
were attempting to overturn the decision provided by Humberside Police and
this was deemed to be an abuse of procedures.
In reviewing your complaint email dated 1 August 2016 and considering the
ground applied by the Humberside Police and Crime Commissioner's office, I
agree with the ground identified.
Within your complaint email dated 1 August 2016 you raise allegations
against the Chief Constable of Humberside Police and state" my complaint
catergorically concerns the Chief Constable, being the person with overall
responsibility for the failings." You also stated you were directing the

complaint at the Chief Constable "so that any investigation would not be
undertaken by the force itself." The Chief Constable does not appear to have
had any direct involvement in your previous allegations under reference
C0282/16/AH.
In reviewing your complaint dated 1 August 2016 you appear to demonstrate
an understanding of the complaints process in stating " Though I note the
deadline by which I'm entitled to submit an appeal is 11 August 2016 I have
decided not to pursue this as ..It is a foregone conclusion that commencing
such a procedure would lead .... to another unacceptable outcome." Within
your appeal form dated 11 August 2016, you state you "have been engaged in
enough of these appeals".
It appears that the focus of your complaint is dissatisfaction with the outcome
of previously raised matters, as within your complaint email dated 1 August
2016 you refer to "ignored representations", "incorrect advice" and "gross
negligence" in regards to your complaint under reference C0282/16/AH. You
also state within your appeal form dated 11 August 2016, the reason for your
appeal being "the police force did not record my complaint." You have yourself
identified you were provided with a right of appeal to raise your concerns
regarding the outcome of your complaint, under reference C0282/16/AH
however you have chosen not to exercise your right of appeal to the
Humberside Police Appeals Body. The correct process to challenge the
decision assigned to your complaint under reference C0282/16/AH, was to do
so using your right of appeal.
As such I deem your new complaint dated 1 August 2016 to be a misuse of
the police complaints system to progress and escalate complaint matters that
you have already raised with Humberside Police, due to your continued
dissatisfaction with how they have previously been handled and the outcomes
provided to you. On this basis I will not be upholding your appeal.
Not Upheld
You are not able to appeal my decision. However, if you have any questions
or need more information about my decision please contact me. My details
are at the end of this letter.
Yours sincerely

Danielle Rose
Assessment Analyst
Independent Police Complaints Commission (IPCC)
Tel: 0121 6733753