The Policing and Crime Act 2017

The Policing and Crime Act 2017 and supporting regulations made significant changes to the complaints and disciplinary systems that took effect from 01 February 2020. They introduced a number of changes designed to achieve a more customer-focused complaints system.

From 01 February 2020, the Police & Crime Commissioner became a relevant review body for complaints (recorded on or after 01 February 2020) and assumed responsibility for determining whether the outcome of a complaint was reasonable and proportionate. It is important to note that Cheshire Constabulary’s Professional Standards Department will retain responsibility for recording complaints, investigatory and resolution functions.

If you are unhappy about the outcome of your complaint, or about how your complaint was handled by Cheshire Constabulary, you can submit an application for review to the Office of the Police & Crime Commissioner. Written notification must be received from Cheshire Constabulary in relation to the outcome of a complaint prior to an application for review being submitted to the Office of the Police & Crime Commissioner.

Only a complainant, or someone acting on their behalf, can submit an application for review in relation to a complaint. The appointed person must have, and be able to produce, the written consent of the person on whose behalf they are acting.

Please note, depending on the circumstances of your initial complaint, the Independent Office for Police Conduct (IOPC) may be the relevant review body. The determination in relation to who the relevant review body should be will be made by Cheshire Constabulary.

In accordance with the Independent Office for Police Conduct (IOPC) statutory guidance, the review will not be a reinvestigation of a complaint, but rather to determine whether the outcome of the complaint was reasonable and proportionate. Where the relevant review body finds that the outcome of the complaint was not reasonable or proportionate, it will uphold the review. For additional information, the IOPC statutory guidance is available via the IOPC websiteExternal Link.

Applications for review must be received within 28 days from the day after the date stated on the outcome letter from Cheshire Constabulary. For example, if the letter is dated 1 April, the Office of the Police & Crime Commissioner must receive the application for review by 29 April.

To submit an application for review, please complete an online form. Should you have any supporting information that would assist the review process, please email OPCC.Reviews@cheshire.pnn.police.uk. Applications for review must be received within 28 days from the day after the date stated on the outcome letter from Cheshire Constabulary.

If you are unable to use an online form or require any adjustments to support you through the review process, please contact the Office of the Police & Crime Commissioner:

Telephone: 01606 364000

Email: OPCC.Reviews@cheshire.pnn.police.uk

The information provided in an application for review will be entered into the complaint management system. Please note that the information provided (including your equality and diversity information) may be viewed by Cheshire Constabulary who also have access to the complaint management system. Your review will be completed by the Office of the Police & Crime Commissioner. Cheshire Constabulary will be unable to influence the review process and will not be permitted to access information in relation to your review during the process.

The Office of the Police & Crime Commissioner will process your information in accordance with the Data Protection Act 2018 and the General Data Protection Regulation (GDPR). For additional information, please visit the Office of the Police & Crime Commissioner privacy notice.

Upon the Office of the Police & Crime Commissioner receiving an application for review, a determination will be made in relation to the validity of the application.

Where a valid application for review is received, the Office of the Police & Crime Commissioner will acknowledge receipt and explain to the complainant what they can expect to happen. The Office of the Police & Crime Commissioner will also notify Cheshire Constabulary and request all information in relation to your complaint and the handling of your complaint. The Office of the Police & Crime Commissioner will than assess your review with an outcome and rationale communicated in writing.

It is important to note that the review will not be a reinvestigation of a complaint, but rather to determine whether the outcome of the complaint was reasonable and proportionate.

If the Office of the Police & Crime Commissioner receives an application for review but the Independent Office for Police Conduct (IOPC) is the relevant review body, the Office of the Police & Crime Commissioner for forward the application for review to the IOPC. The Office of the Police & Crime Commissioner will also notify the complainant that the application for review has been forwarded and that the IOPC is the relevant review body.