How we will handle your complaint
The Monitoring Officer will initially log receipt of all complaints or conduct matters and consider how they should be handled. The Monitoring Officer will assess your complaint and decide whether they should handle your complaint (on behalf of the Panel) or whether it should be referred elsewhere:
- Conduct matters (or possible conduct matters) will be referred to the Independent Office for Police Complaints (IOPC)
- Complaints about the actions of Staffordshire Police will be referred to the Chief Constable of Staffordshire Police.
- Complaints about the actions of the Staffordshire Fire and Rescue Service will be referred to the Chief Fire Officer.
- Complaints about the policies of the Commissioner will be referred to them to respond directly.
- Other complaints out of the scope of the Panel will be referred to the appropriate body (e.g. Probation Service, Crown Prosecution Service etc.).
Your complaint may be rejected if:
- It is about a staffing matter
- it is about something that happened more than 12 months ago
- the matter has already been the subject of another complaint
- the complaint is made anonymously
- the complaint is vexatious, oppressive or an abuse of the complaints procedures
- the complaint is a repetition of a previous complaint
If your complaint is rejected by the Monitoring Officer you will be informed by letter and given the reason(s) why it has been rejected.
If your complaint is accepted as relating to the personal conduct of the Commissioner or the Deputy Commissioner, it will be formally recorded onto the complaints database and you will be provided with a copy of that record.
The person that you are complaining about (i.e. the Commissioner or the Deputy Commissioner) will be provided with a copy of the complaint. The Monitoring Officer will also notify the Chief Executive of the Commissioner’s Office of the complaint. (See above if you want your details kept anonymous.)
As soon as the Monitoring Officer and Commissioner/Deputy Commissioner are aware of a complaint or conduct matter they have a duty to ensure that all appropriate steps are taken to obtain and preserve evidence relating to that complaint or conduct matter.
The Monitoring Officer will gather all relevant information.
The Monitoring Officer may call a meeting and ask you and the person complained about to attend a meeting and answer questions.
After considering all relevant information, the Monitoring Officer will make a suggestion as to how your complaint may be resolved and will give you and the person complained about an opportunity to comment on the suggestion.
If the proposal is to uphold your complaint the Monitoring Officer will decide if any of the following sanctions should be imposed.
- Formal apology by the person complained about
- Formal apology from the Panel on behalf of the person complained about.
- Issue of a press release on the nature of the complaint and the Panel’s decision.
The Monitoring Officer has no legal powers to apply sanctions other than to provide an opinion on the conduct of the Commissioner or Deputy Commissioner and request an apology.
If the proposal is not to uphold your complaint no action will be taken against the person you have complained about.
After considering your views on their proposed action, the Monitoring Officer will make a final decision. They will also take into account any comments made by you and the person complained about on their proposed decision before deciding whether to publish that decision. The Monitoring Officer will publish the decision if, after taking account of the comments, they consider publication to be in the public interest.
You will be regularly updated on the handling of your complaint.
Withdrawal of Complaints
You can withdraw your complaint at any time. This must be done in writing and must be signed by you or your representative.
If you withdraw your complaint the Monitoring Officer will notify the person complained about that the complaint has been withdrawn and discontinued.
Appeals
If you are unhappy about the way in which your complaint has been administered, you can lodge an appeal with the Local Government and Social Care Ombudsman who can be contacted as follows:
Telephone: 0300 061 0614
