Home Affairs makes changes to police complaints process after pressure from concerned deputies

Monday 09 December 2024

Four months after first making changes to the police complaints process, Home Affairs has been forced into another rethink.

Deputies Carl Meerveld and Gavin St Pier were going to move this week to annul the regulation that brought about the initial change, but have agreed following a meeting and concessions by the committee not to do so.

In August, Home Affairs introduced the new police complaints regulation 6A.

This allows an initial scoping process to take place to review information already held that relates to a complaint, and, if there is reason to conclude the conduct in the complaint "did not take place, the complaint is repetitious, an abuse of procedures, or is frivolous or vexatious", it can be dismissed.

If that conclusion is drawn, the complaint must then be referred to the Police Complaints Commission for their approval.

Deputies were concerned this whole process took place behind closed doors without any dialogue with the person making the complaint.

Now the PCC will have to write to a complainant to explain what has happened and what their decision is.

"We welcomed the opportunity to meet Home Affairs, representing a wider group of concerned members, including Deputies Blin, Dyke, Bury and Leadbeater among others," said Deputy Meerveld.

"We explained our concern that if a complaint is filtered out before investigation, the complainant has no opportunity to challenge that decision other than to seek a judicial review, which is out of reach to the vast majority of the community.

"While the previous Regulations provided for all such complaints to be automatically reviewed by the Police Complaints Commission, from the complainant's perspective, the whole process takes place behind closed doors without any dialogue with them.

"At a time when there has been so much concern about police conduct and the management of police complaints, it is vital that the community has full confidence in the complaints process."

Deputy St Pier acknowledged that the new change still does not give the complainant any right to challenge the decision, but did at least mean the PCC had to directly explain their decision.

"We are pleased that Home Affairs having listened to the arguments and recognised the issue by further amending the Regulations.

"However, given the police, the PCC and Home Affairs have all accepted that the present Police Complaints Law is not entirely fit for purpose and in need of review and reform, it is really important that this review is now completed as soon as possible, in order to ensure public confidence in the police complaints process and the police."

Home Affairs President Rob Prow said that improving the Police Complaints Law was a priority.

"The amendments to the regulations to add in 6A was an initiative which immediately improves the process for both the police and complainants – it allows serious complaints to be seen to more quickly by allowing for an early scoping process, and the potential for dismissal of some complaints as catered for in the regulations," he said.

"The committee is always very open to feedback from the wider Assembly, and the discussions and subsequent meeting we had with Deputy Meerveld and Deputy St. Pier was very constructive. The amendment will ensure complainants have increased visibility of the process, which is very important.

"The wider review of the Complaints Law is an essential piece of work that the committee will now be undertaking, and consultation with all stakeholder groups, including complainants, will be a critical part of that."

Policy & Resources Vice-President Heidi Soulsby said it was important that during the review of the law that some of those who have been through the complaints process are really listened to.