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Police Powers for Designated Staff (Complaints and Misconduct) Regulations (Northern Ireland) 2008

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Dealing with complaints which are repetitious, vexatious etc.

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26.—(1) Where the Ombudsman is of the opinion—

(a)that—

(i)a complaint about the relevant conduct of a designated person is an anonymous or a repetitious one within the meaning of paragraph 2 or 3 of Schedule 1, or

(ii)that a complaint about such conduct is vexatious, oppressive or otherwise an abuse of the procedures for dealing with complaints, or

(iii)that it is not reasonably practicable to complete the investigation of a complaint about such conduct, within the meaning of paragraph 4 of Schedule 1, and

(b)that, in all the circumstances, the requirements of the provisions of Part 7 of the 1998 Act, the preceding provisions of this Part, and subsequent Parts of these regulations, to the extent that they have not already been satisfied, should be dispensed with,

the Ombudsman may dispense with the said requirements as respects the complaint.

(2) Where a complaint about the relevant conduct of a designated person has been referred to the Chief Constable under section 54(3)(b) of the 1998 Act, the Chief Constable may, in accordance with paragraph (3), request the Ombudsman to exercise his power under paragraph (1).

(3) The request, which shall be made in writing, shall be accompanied by—

(a)a copy of the complaint;

(b)a memorandum from the Chief Constable explaining the reasons why he is of the opinion that the conditions in paragraph (1)(a) and (b) are satisfied in relation to the complaint;

(c)where the complaint is a repetitious complaint and the previous complaint has been informally resolved in accordance with regulation 11, a copy of the record of the outcome of the informal resolution procedure, and

(d)where the Chief Constable is of the opinion that the complaint is a repetitious complaint and the previous complaint has been withdrawn in accordance with regulation 24, a copy of the notification given under that regulation.

(4) If, after considering a request under this regulation, the Ombudsman shares the opinion of the Chief Constable, he may dispense with the requirements mentioned in paragraph (1), but he shall not reject such a request except after consultation with the Chief Constable.

(5) The Ombudsman shall, as soon as possible, notify the Chief Constable in writing of his decision on such a request and, where he dispenses with the requirements mentioned in paragraph (1), shall inform the complainant of his action unless—

(a)the complaint is an anonymous one, or

(b)it otherwise appears to him to be not reasonably practicable so to inform him within a period which is reasonable in all the circumstances of the case.

(6) The Ombudsman—

(a)shall inform the designated person concerned, where known, in writing of his decision to dispense with the requirements mentioned in paragraph (1), and

(b)in the case of a designated person employed by a contractor, shall so inform the contractor concerned.

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