NOT PROTECTIVELY MARKED

HUMBERSIDE POLICE
Corporate Development Branch

Criminals, Making a Difference Police Headquarters

Priory Road
Hull HU5 5SF
20th March 2018
Your Ref:
Our Ref: SAL
This matter is being dealt with by:
Mr .-
Mrs Sally Laycock
-\3nmsby
North East Lincolnshire
DN3: '"\ I
-------~~~ Facsimile: (01482) 578166
DXNo: 708884, Hull 18

Dear Mr ( .4ll,

This letter is about your appeal against Humberside Police which was received on
13th February 2018.

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/520/17 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.

If you have information

about any crime, phone
NOT PROTECTIVELY MARKEDMARKED - NO DESCRIPTOR CRIME

Worldng In partnership with the police

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CQmplaintref~ CO/520/17
DETAILS OF APPEAL Appeal Ref:

Type of appeal: Into outcome of Local Resolution

Name of Complainant: Mr ~

Name of solicitor/agent (if any): N/A

Date of Original Complaint: 1 August 2017

Date of Force decision 9 February 2018

Date Force decision sent to Complainant: 9 February 2018

Date appeal received: 13 January 2018

Appeal in time: Yes

Date of Appeal decision: 20 March 2018

Date complainant informed of decision: 20 March 2018

...
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BACKGROUND complaint
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1.
The following
complainantallegations have been
has submitted recorded:
grounds for appeal in an email received on 13
2. The appeal (grounds given for the appeal):

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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

ASSESSMENT OF APPEAL AGAINST THE OUTCOME OF THE LOCAL

RESOLUTION OF A COMPLAINT,9RTHE OUTCOME OFA COMPLAINT
HANDLED OTHERWISE INACC()RDANCE~I"ItlsHEDULE3 OF THE POLICE:0S\
REFORM ACT 2001;; ... \0'<;];:5
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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:

• 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.

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Article 3 of the European Convention on Human Rights prohibits torture, and inhuman
degrading treatment or punishment

The appropriate authority was therefore 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 confirming the receipt and allocation of his
complaint. The Investigating Officer tried to contact the Complainant by telephone but
was not able to get hold of him. The Investigating Officer then sent a detailed
outcome letter to the complainant on 9th February 2018.

Summary Appeal Assessment:

Not Upheld

1'1

3. Was the action plan for the local resolution suitable and complete?

The Investigating Officer has, as part of his investigation, been required to;
proportionately gather evidence to establish the facts and circumstances of the
alleged complaint; establish on the balance of probabilities, based on the evidence
and taking into account all of the circumstances, whether there is a case to answer
in respect of either misconduct or gross misconduct or that there is no case to
answer; identify any learning for the individual or organisation.

The Investigating Officer prepared an Investigation Plan which included attempting

to speak to the complainant, considering the full file and liaising with Sgt Slake.

I am satisfied that the action/investigation plan was suitable and complete.

Summary Appeal Assessment:

Not Upheld

4. Are the findings of the local resolution appropriate/proportionate to the

complaint?

Yes.

The Investigating Officer has provided a detailed response to the complaint as

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raised by the Complainant. The Investigating Officer explained that he spoke to
Sgt Slake and he advised that he did tell the Complainant the reason for why a
notifiable offence could not be recorded. The Investigating Officer also spoke to
the Warrants Department. He goes onto explain the Home Office Counting Rules.
The Investigating Officer therefore concluded that Sgt Slake was not being
neglectful.

When a complaint is dealt with by way of Local Resolution, it is not a case of a

complaint been upheld or not upheld. The purpose it to resolve any issues and
provide explanations to the complainant.

The findings of the Local Resolution are therefore found to be appropriate and
proportionate to the complaint made.

Summary Appeal Assessment:

Not Upheld

5. Are the Force's proposed actions following the local resolution adequate?

The Investigating Officer did not identify any proposed actions.

Summary Appeal Assessment:

Not Upheld

6. Was the outcome of the local resolution adequately communicated?

Yes, by way of detailed letter of outcome.

Summary Appeal Assessment:

Not Upheld

7. Grounds for appeal addressed.

The complaint file CO/520/17 and associated appeal papers were considered,
including representations made by the complainant.

It is important to note that the purpose of the appeal process is not to re-investigate
the complaints, but to review the Local Resolution outcome into the complaints. An
appeal is a final opportunity to consider whether the complaint could have been
handled better at a local level and, where appropriate, to put things right.

In his appeal, the Complainant states that the matter was not suitable to be dealt with
under the Local Resolution Procedure. I have dealt with this at 1 above.

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The Complainant also states that he was not given the opportunity to comment on
the complaint. The Investigating Officer made attempts to contact the Complainant
but he was not able to get hold of him.
The complaint recorded is as detailed above. I am satisfied that this was investigated
and dealt with by the Investigating Officer.

On balance, I am satisfied with the how this Local Resolution has been dealt with.

On the basis of this assessment I have decided to Not Uphold the appeal.

ACTIONS REQUIRED OF THE FORCE/APPRQf!RIATEAUl't-IORI"rY

None required.

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