DPP Complaint System/Procedures 827/2024

FOI Reference: 827/2024

Request:

DPP Complaint System/Procedures.

1 – What is the specific purpose/check list (especially what it is designed to identify, i.e. any errors made by police officers) of the Police complaints and OPCC review system, as this is what most complaints are about?

2 – Is part of the Police complaint system designed to identify (and learn from) any errors a police officer makes, like not following their training/procedures and the decisions they make, especially if that is what the complainant is accusing the officer of?

3 – Is the OPCC’s review (of a complaint that was not upheld by the PSD) to check if any errors have been made with the handling and decisions made by the PSD regarding a police officer's decision?

4 – If the PSD made an error (by not identifying a police officer’s error) and the OPCC’s review cannot question the PSD’s decision (only how they handled the complaint) then the error is not dealt with, or even recorded and thus allowed to continue. Please confirm this surely cannot be the purpose of the complaint system. If it is, please explain why, or where I can find any justification for this incredible oversight?

Clarification Q:

Can you please identify exactly what information you are seeking within each question. 

Please see the below links which may assist you:

Complaints | Dyfed-Powys Police

Dyfed-Powys Police & Crime Commissioner (dyfedpowys-pcc.org.uk)

Additionally you may wish to submit an FOI request to the OPCC  contact details can be found @ Dyfed-Powys Police & Crime Commissioner (dyfedpowys-pcc.org.uk)

Clarification A:

My questions below are generic yet still quite specific, but to make it even clearer here is a very specific question.

All farms have vehicles for which they make the choice to either only drive on their private land, and/or drive on the road. If a member of the public reports a road traffic offence by one of these farm vehicles (e.g. a quad bike used by a farmer that has been caught on CCTV displaying no number plates, is not registered with the DVLA for road use and thus cannot obtain insurance or road tax) and the officer investigating this, states there are no offences when there are, will the police complaints system (PSD) identify this error?

If the PSD don’t identify this error, will a review via the OPCC then identify it and correct the PSD’s error and the police officers’ error and learn from these errors?

Response:

The request does not constitute a valid request under section 8 of the Freedom of Information Act, therefore for the reasons outlined below; the request cannot be dealt with under the Freedom of Information Act 2000.

Section 8 of the Act provides:

(1) In this Act any reference to a "request for information" is a reference to such a request which-

(a) is in writing,

(b) states the name of the applicant and an address for correspondence, and

(c) describes the information requested.

(2) For the purposes of subsection (1)(a), a request is to be treated as made in writing where the text of the request-

(a) is transmitted by electronic means,

(b) is received in legible form, and

(c) is capable of being used for subsequent reference.

A request under the Freedom of Information Act (2000) is required by statute to describe the information requested, in terms of recorded information held by Dyfed-Powys Police, as defined by Section 8(1)(c).

The Freedom of Information Act provides the right of access to recorded information only. It does not require a public authority to answer direct or hypothetical questions or provide comment or opinion, unless recorded information exists which could itself answer such questions.

You request contains questions that are subjective and/or hypothetical, and Dyfed-Powys Police does not have any recorded information to be able to respond to them. As your request does not relate to recorded information it is consequently not deemed to be valid.

In accordance with the Freedom of Information Act (2000) this response represents a Refusal Notice for this part of your request under Section 8(1)(c) of the Act

In addition to the links provided in the ‘Clarification Q’ above, the following link may assist you:

Statutory guidance - 2020 | Independent Office for Police Conduct (IOPC)

(This is a response under the Freedom of Information Act 2000 and disclosed on 24/09/2024)