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The Police Super-complaints (Designation and Procedure) Regulations 2018

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Duties in respect of complaints

Duty to acknowledge receipt

5.  The Chief Inspector must acknowledge receipt of a complaint before the end of the period of 5 working days beginning with the day on which the complaint is received or, if that day is not a working day, beginning with the first working day after that day.

Duty to determine eligibility for consideration

6.—(1) Where a complaint is received by the Chief Inspector, the decision-making authorities must decide whether it is eligible for consideration.

(2) Subject to paragraphs (3) and (4), a complaint is eligible for consideration if it complies with the requirements of regulation 4 (making of complaints).

(3) A complaint that merely repeats the substance of a complaint that is being investigated is not eligible for consideration.

(4) A complaint that merely repeats the substance of a complaint that has already been investigated is not eligible for consideration unless there has been a material change of circumstances since the previous complaint was made.

(5) If the decision-making authorities decide that a complaint is eligible for consideration, the Chief Inspector must inform the designated body in writing that—

(a)the complaint will be investigated, and

(b)the designated body will be provided with progress reports on the investigation of the complaint.

(6) If the decision-making authorities decide that the complaint is not eligible for consideration, the Chief Inspector must inform the designated body in writing of that decision and the reasons for it.

Duty to provide progress reports

7.—(1) Where the designated body has been informed that a complaint will be investigated, the Chief Inspector must, before the end of each relevant period, send the designated body a written progress report.

(2) Subject to paragraph (3), the progress report must include the following information—

(a)an explanation of the steps the decision-making authorities have taken in relation to the investigation (so far as they have not been explained in a previous written progress report sent to the designated body);

(b)an explanation of the steps they propose to take in relation to the investigation before the end of the next relevant period in relation to the investigation.

(3) The Chief Inspector may exclude information from the progress report if the Chief Inspector considers that its inclusion—

(a)would be contrary to the interests of national security, or

(b)might jeopardise the safety of any person.

(4) For the purposes of this regulation, each of the following is a “relevant period”—

(a)the period of 56 working days beginning with the day on which the Chief Inspector informs the designated body that the complaint will be investigated;

(b)each subsequent period of 56 working days beginning with the first working day after the end of the preceding relevant period.

Duty to report on outcome of investigation

8.—(1) When the decision-making authorities have concluded an investigation of a complaint, they must prepare a report—

(a)describing the steps they have taken to investigate the complaint,

(b)setting out their conclusions and the reasons for them,

(c)describing any further action the decision-making authorities (or any of them) propose to take, and

(d)making such recommendations to any other person as they consider appropriate.

(2) The Chief Inspector must—

(a)send the report to the designated body, and

(b)publish it in such form and manner as the Chief Inspector considers appropriate.

(3) The Chief Inspector may exclude information from the report sent to the designated body and published under paragraph (2) if the Chief Inspector considers that its inclusion—

(a)would be contrary to the interests of national security, or

(b)might jeopardise the safety of any person.

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