Dear Genene Wilson, IOPC,
Thanks for your response. I notice that you invite questions and I do have one. You agree the complaint is not vexatious or oppressive. However you do not agree that it is not an abuse of the complaints process. All the points you make only contribute to the conclusion of complaint being repetitive.
However, the definition of repetitive detailed in the Police (Complaints and Misconduct) Regulations 2012, does not fit this complaint.
(3) For the purposes of paragraph (2)(d) a complaint is repetitious if, and only if—
(c) no fresh evidence, being evidence which was not reasonably available at the time the previous complaint was made, is tendered in support of it
“if, and only if—” means all conditions have to apply.
(c) does not apply as fresh, and very clear, evidence has been provided in 2019 which was obviously not provided in 2014 or before as it did not exist.
Therefore, despite all the points you make, this complaint is not repetitive, as indeed, it should not be, if new evidence of new failings has been presented.
My question therefore is, in what way, exactly, is this complaint an abuse of the complaints system?
Just for completeness but not to detract from my question I should mention some objections to your points:
“It appears you have made this complaint as an attempt to challenge the outcome of your previous complaint” – I have presented a new complaint with new evidence and expect it to be dealt with according to the rules including the one above.
“Re-wording the complaint or changing the officers complained against” – as above
“you were provided on 8 December 2014 with notification that the force would no longer communicate with you on the matters of Dorset Police road safety matters” I am not asking them to communicate. I am asking them to process a complaint by the rules. Regardless of that, I can find no mention in the regulations that a force may permanently refuse communication or to process any formal complaint, with any individual, against an overall subject
“To raise a further complaint, with a view of escalating your complaint against a further Chief Constable is a misuse of the complaints system” Perhaps you have not actually read my complaint? This is not an escalation of anything that happened before 2019. It is not a repeat.
Naturally, as Dorset Police have referred to the past, I have, and I have provided actual recordings of the investigator keenly agreeing with me on both of the terms of the complaint, before he delayed for a year, wrote nothing was wrong and vanished before I was even allowed to see and question his decision, but enough of that, here you can see in 2019, fake news based on the wrong figures, from Dorset Police themselves:
https://www.dorset.police.uk/news-information/article/6850
It is this misrepresentation, this evidence, that I am quite reasonably complaining about in 2019. The force, and particularly those who regulate it, should welcome with open arms such observations with the obvious potential to improve standards, whoever it comes from.
Regards,
Ian Belchamber
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