Agenda item

A report was presented regarding various options as to how the Panel could fulfil its statutory duty for the handling of complaints against the Police and Crime Commissioner and the Deputy Police and Crime Commissioner, once appointed.

When considering the options it was noted that that it was possible to delegate the initial handling of complaints to the Commissioner's Chief Executive. However, in the interests of transparency and in order to maintain the integrity of the Panel there was general agreement that the initial handling of complaints should be undertaken by the Secretary to the Panel in his role as the Monitoring Officer of the host authority. This option had only very recently been made permissible under Government Regulations.

In order to facilitate the timely consideration of any matters referred to the Panel it was also agreed that a Sub Committee should be established with delegated powers to undertake the resolution of complaints. It was noted that in accordance with the Regulations, any matter being handled in accordance with Part 4 may be remitted at any time to the Panel as a whole (whether at the request of the Sub Committee, the complainant or the person complained against, or otherwise) if the Panel is of the opinion that this will lead to a more satisfactory resolution of the complaint. 

The Panel noted that in the absence of any provision in legislation or guidance regarding who should handle a complaint made against the Panel itself the position on this would be reviewed when such provision is made. In the meantime each member of the Panel would be subject to their respective appointing Authority's Codes of Conduct and the 2 independent co-opted members of the Panel would adopt the Code of Conduct of the host authority.

Resolved:

1.  That the Secretary to the Panel be responsible for the initial handling and administration of complaints against the Police and Crime Commissioner and the Deputy Police and Crime Commissioner.

2.  That a Complaints Sub Committee, on the basis of 5 members of the Panel (2 from the labour group, 2 from the conservative group and 1 other member, with names to be nominated to and agreed by the Secretary of the Panel) be established with the following delegated powers and duties to act on the Panel's behalf when considering the informal resolution of complaints:

a)  To consider any complaint referred to the Panel by the Secretary to the Panel in accordance with Part 4 of the Complaints Regulations relating to informal resolution.

b)  To consider complaints which appear to relate to the conduct of
the Police and Crime Commissioner (PCC) or Deputy Police and
Crime Commissioner (DPCC) where the Secretary of the Panel considers that either there is an actual or perceived, conflict of interest or possible negative public perception in respect of him taking the decision whether to record a Complaint or Conduct Matter, or in respect of him, identifying a Serious Complaint for subsequent referral to the Independent Police Complaints Commission (IPCC).

c)  To consider any matters referred back to the Panel by the IPCC (including a Serious Complaint that has been referred to the IPCC and then referred back to the Panel);

d)  That meetings of the Sub Committee be convened by the Secretary to the Panel, in consultation with the Chair of the Panel as and when required.

3.  That the Secretary to the Panel be responsible for the monitoring of complaints in order to ensure that complaints are considered in an appropriate manner and to provide regular updates to the Panel regarding the findings.

4.  That the arrangements adopted by the Panel for the handling and resolution of complaints be reviewed after 6 months' operation and a report on the findings presented to the Panel in July 2013

5.  That the Secretary to the Panel identifies a contact point for the Independent Police Complaints Commission.

6.  That the 2 independent co-opted members of the Panel adopt the Code of Conduct of the County Council.