I have been contacted by a Rutland resident who has complained about Leicestershire Police, mainly Oakham Police. The member of public reported a fraud. They also reported harassment by Cllr Charles Haworth and others. The member the of the public says both complaints were connected. Oakham Police Sgt Shellard discriminated against the complainant, Oakham Police refused to investigate the complaints.
I have been sent the damming IPCC report shown below.
One year on from the date of the findings Leicestershire Police have failed to comply with the IPCC and let the situation go from bad to worse.
The Rutland Times refused to publish these findings
Dear ###########
This letter is about your appeal against Leicestershire Constabulary, which we received on 15 February 2013.
The IPCC’s role in the appeal process is to review the investigation into your complaint, not to re-investigate your complaint.
Our decision on your appeal is governed by paragraph 25 of Schedule 3 of the Police Reform Act 2002. I have looked at the following issues in concluding your appeal:
whether the findings of the investigation need to be reconsidered whether the outcomes, for example in relation to whether any disciplinary or other actions should be taken, are appropriate whether the matter should be referred to the Crown Prosecution Service (CPS) whether you received adequate information about the findings of the investigation
I have reviewed your complaint form dated 05 January 2013.
I have also considered your appeal form dated 15 February 2013, the investigation outcome report completed by the Investigating Officer (IO), Police Sergeant (undated) and the related evidence referred to within the outcome report.
The decisions I have reached in relation to your appeal are outlined below:
1. Are the findings of the appropriate authority (chief officer or local policing body) investigation appropriate/ proportionate to the complaint?
No.
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I consider that the Leicestershire Constabulary has not addressed your complaint. As such the investigation is not adequate.
The IO is required to state his opinion about whether the people you complained about has a case to answer. The IO has not reached a conclusion on each complaint.
The IO has not followed all relevant lines of enquiry. The IO has not addressed nor investigated the allegation that the force has discriminated against you. The force has not reviewed whether you have been treated differently to M# ####### in investigating your report of a potential fraud. Further, the force has not established whether Police Constable (PC) Lloyd and PC Cockerill have adhered to the National Crime Recording Standards.
In relation to your criminal report not being investigated, the IPCC is unable to make a decision on this aspect of the allegation as the force has provided insufficient rationale or evidence to support their decision.
The investigation is therefore not proportionate and the above enquires need to be undertaken before the investigation is considered to be complete.
For the reasons given above, I consider that the findings of the police complaint investigation are not appropriate. This aspect of the appeal is upheld.
2. Is the decision that the appropriate authority has made about whether an officer has a case to answer for misconduct or gross misconduct, or if any person’s performance is unsatisfactory, appropriate?
This aspect of the appeal has not been reviewed as further investigation is required.
3. Are the appropriate authority’s proposed actions following the investigation adequate?
This aspect of the appeal has not been reviewed as further investigation is required.
4. Has the investigation been referred to the Crown Prosecution Service (CPS)? If not, is this decision appropriate?
The report has not been referred to the CPS. I consider this decision to be appropriate as the report and the underlying evidence does not indicate that a criminal offence may have been committed.
5. Have you been provided with adequate information following the investigation of your complaint?
No.
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The IO’s report does not provide adequate information about the complaint investigation.
While various officers have commented that the potential offence is a civil matter, there is no explanation of why this is. The officers have stated that it is civil (and quoted the CPS guidelines) to yourself and within the crime report, however have not provided their rationale as to why this does not adhere to the CPS guidelines.
This aspect of the appeal is upheld.
6. Have you raised any points that are outside what the IPCC can consider?
You raised the following additional points, which are not relevant in determining the outcome of your appeal because:
That PS Shellard has discriminated against you by not advising you of the outcome of a crime as per the Victim’s Code. This is not a part of the recorded complaint and as such is outside the remit of the IPCC in this appeal. Should you wish to pursue the matter you should contact the force directly.
After considering all the information available I have now made a decision about your appeal. I have upheld your appeal in respect of suitable findings and adequate information.
ACTIONS REQUIRED OF THE FORCE / AUTHORITY
Leicestershire Constabulary are to investigate the following aspects of the complaint:
That the force has discriminated against you Whether the officers’ adhered to the National Crime Recording Standards
The IO is required to provide the information listed in point 5, shown above.
You should be supplied with a further investigation report and right of appeal.
The Leicestershire Constabulary will contact you about the actions listed above. Please contact the police directly if you do not hear from them within 28 days.
You are not able to appeal against the assessment of your appeal. If you have any questions or need more information about the appeal decision please contact me using the details shown at the end of this letter.
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We are committed to providing the highest possible standard of customer service, but are aware that sometimes things may go wrong. If you are unhappy or dissatisfied with the level of service you have received from the IPCC, please let us know and we will do our best to put things right. We will listen to you and endeavour to resolve issues quickly and at the right level.
Our website includes a questionnaire about your views on making an appeal to the IPCC.
http://www.ipcc.gov.uk/en/Pages/appeals_survey.aspx
Your response will help us to improve our systems and processes. The questionnaire is anonymous and will be treated in confidence. Your reference number is ######
Yours sincerely
Lisa Parrin-Lester Casework Manager Independent Police Complaints Commission (IPCC)
IPCC contact: Lisa Parrin-Lester Casework Manager
Tel: 02920 245438 E-mail: lisa.parrin-lester@ipcc.gsi.gov.uk
Cllr Charles Haworth
