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ReadyLaw
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Category: Traffic Law
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A serving police officer has made a complaint of 'malicious

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A serving police officer has made a complaint of 'malicious communications' against a work colleague and me for asking if he had Covid symptoms - on 22 Mar, after the police officer's wife informed the school she suspected he had Covid. The PC emailed the school quoting a crime reference number (CRN) and the allegation of malicious communication. This CRN was found to be false. When i complained to the police on the 26 May a colleague of the PC allegedly by accident emailed my complaint directly to the PC. The Met Police have been investigating my complaint formally since the 16 July. However the Police Standards Officer investigating my complaint will not progress my complaint until the PC has given his account. The PC was given til the 22 Sept to do so and did not respond, nor his Federation Rep, but the investigating officer says he's still awaiting the PC's statement. The investigating officer says his Data Protection Officer is not responding to the breach of confidentiality issue either. Any advice as to to how I can get my complaint resolved or at least fairly dealt with would be much appreciated?
JA: Have any charges been filed? If so, when is the next court date?
Customer: Just a formal complaint via the Met Police and IOPC.
JA: Where did this occur?
Customer: Sutton, SM1 (South London)
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

This is Readylaw, welcome to Just Answer.

I have been a legal expert on the site for several years and my goal is to provide you with the best experience possible and answer any questions which you may have about your current situation. Your satisfaction is my top priority! Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an lawyer-client relationship and it is always in your best interest to retain legal counsel, if you have a current legal matter, that you need help with.

Please allow me a few moments to reply with my initial answer. I am here but need time to read what you shared above, type and respond to you. Feel free to ask any follow up questions as needed until you are satisfied.

Customer: replied 8 days ago.
Ok
Customer: replied 8 days ago.
Stick to chat

That is fine. Kindly give me a minute. I am currently typing a written response to you.

I thank you for your enquiry and your patience.

I am really sorry to hear what has happened. It seems to me that the complaint is not getting the due consideration that it requires. They should have looked into the concern you have raised and/or progressed your complaint irrespective of the police not having submitted a statement by the designated time.

What I recommend that you do, is to actually make a complaint about the way your case is being handled. You are actually allowed to complain if you are unhappy about the services received by them and/or how they have handled your case generally. Here is the details for how you may go about complaining:

https://www.policeconduct.gov.uk/complaints-reviews-and-appeals/our-service-complaints-and-compliments

Please note that in making this complaint you are required to provide the following information:

  • your personal contact information such as name, address, telephone/mobile number and postcode
  • any relevant reference numbers from correspondence with the IOPC
  • outline which member/s of staff you are complaining about – if applicable
  • clearly explain the circumstances that have led to the complaint against the IOPC staff member, and the nature of the complaint
  • include any evidence you have to support your complaint

The above link sets out in detail how to progress your complaint and what address it is to be sent to.

Can I clarify anything for you?

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 8 days ago.
Are there any set timescales for them to resolve my complaint?
What laws if any has the PC or MPS breached?
I was told by the Chief Police Officer their complaints system was set up to stop any officers cited in a complaint from accessing a complaint about them. However my complaint was emailed directly to the PC, by one of their colleagues. I raised this with the ICO on 12 Aug, they referred to the Met, but neither have responded. Have they breached any GDPR regs?
Customer: replied 8 days ago.
Stick to chat pls.
Customer: replied 8 days ago.
Hi pls can you let me know if you will be responding or not?

Any prompts currently received with respect to calls, are automated by the system, you may simply ignore them.

1. making a false police report is a criminal offence and punishable either by a fine or being sentence to a custodial sentence. So, the initial complaint that was false would have been wrong.

2. Usually complaints are processed within a 8 week timeframe. I must say however, that in light of the pandemic a lot of departments are not operating at full capacity. As such, there are details in complaints being resolved. Therefore while you may make a complaint in terms of delays in resolving your complaint, you may find that not much weight will be given here.

3. It is not wrong for your complaint to be shared with the person you complained about in order for them to obtain a statement from him. What ought to have happened is for you to have been informed that your statement would have been shared and you being invited to say whether you do not wish for that to happen, because for example, your complaint being sensitive in nature. Them not doing this would have been against the requirement in the Police Reform Act.

Please see below guideline that speaks in detail about what is to happen when a complete is received:

https://policeconduct.gov.uk/sites/default/files/Documents/statutoryguidance/2020_statutory_guidance_english.pdf

Customer: replied 8 days ago.
Thank you for the IOPC guidance. I've been looking for this but unable to find it. Many thanks. Gary

you are most welcome Gary. Happy I was able to help!

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