FREQUENTLY ASKED QUESTIONS


Complaints

What Information should I include in a complaint?
When making your complaint, please include as much detail as possible about what happened such as:

  • What was said or done and by whom?
  • Times and dates.
  • Were there witnesses or evidence such as documents or photographs?
  • The names of any staff concerned.
  • What you would like us to do.

What does recording a complaint mean?
Recording a complaint means that it has formal status under the Police Reform Act 2002. It must then be dealt with according to formal rules and guidance.

How long will my complaint take to deal with?
There is no time limit on how long we will take to deal with your complaint. However, this should be proportionate to the nature of the complaint. Once a complaint is assigned to someone, they should tell you how long it is likely to take to deal with. You will receive an update on the progress of your complaint at least once every 28 days.

Can I request a review of the complaint decision?
If your complaint was about the Chief Constable, you will be told who to contact if you wish to request a review.

How do I complain about the OPCC or a member of its staff?
OPCC staff are not subject to the Police Complaints Regulations but we do have our own policy in place to deal with complaints against OPCC staff (not including the PCC/DPCC) or about policies we may have in place. There is no right of review for a complaint made about the OPCC or its staff.

Reviews

Who can request a review of a complaint handled by Gwent Police?
Only a complainant, or someone acting on your behalf, can make an application for a review in relation to a complaint. You must have had written notification of the outcome of your complaint before you make an application for a review. Only complaints recorded under Schedule 3 of the Police Reform Act 2002 are eligible for the review process.

What reviews can be dealt with by the Police and Crime Commissioner for Gwent?
The Police and Crime Commissioner for Gwent is the relevant review body for the following complaints:

  • Where the appropriate authority is Gwent Police.
  • Where the complaint is not about the conduct of a senior officer.
  • Where Gwent Police is able to satisfy itself, from the complaint alone, that the conduct complained of (if it were proved) would not justify the bringing of criminal or disciplinary proceedings; and
  • Where the complaint hasn’t been referred to the Independent Office for Police Conduct.

All other applications for a Review should be dealt with by the Independent Office for Police Conduct.

Should you make an application for a Review to us incorrectly, we will ensure that your application is passed to the Independent Office for Police Conduct as soon as possible. Likewise, should you make an application to the Independent Office for Police Conduct that should be dealt with by the Police and Crime Commissioner, they will send your application to us as soon as possible

Can you re-investigate my complaint as part of the review process?
No, we cannot re-investigate your complaint, we can only assess how your complaint was handled and whether this handling and the outcome of your complaint was reasonable and proportionate.

What happens during the review process? (easy read)

How long will my review take?
There is no time limit on how long we will take to deal with your review. However, this does need to be reasonable for all parties involved. You will receive an update on the progress of your complaint at least once every 28 days.

Can I appeal the review decision?
There is no right of appeal about the decision you have received from the review of your complaint. If you do not believe your review has been dealt with in accordance with the law, then you will need to seek independent legal advice.

I want to make a complaint about the review decision
If a complaint is solely about the dissatisfaction with the decision, then this will not be treated as a complaint and the decision will not be revisited. As mentioned above, you will need to seek independent legal advice on the next steps available to you.

What does Upheld/Not Upheld mean in relation to the outcome of my review?
If a complaint is upheld, it means that the service the police provided did not reach the standard a reasonable person could expect.
If a complaint is not upheld, it means that the service the police provided was of a standard that a reasonable person could expect.
The standards of police service that are considered when dealing with complaints include:
• the Standards of Professional Behaviour (or equivalent for police staff)
• any agreed service standards
• any national guidance that applies.

General

I need help to provide you with information about my complaint or review
We endeavour to make our services accessible to everyone. If you have a specific requirement, please contact us to discuss how we can help you. Our details are as follows:

Telephone: 01633 642200
Email: Commissioner@gwent.police.uk

Can someone make a complaint or request a review on my behalf?
You may wish to make a complaint or request a review via a third party i.e. solicitor, MP or friend, in which case you will need to provide written consent to allow the nominee to act on your behalf.
In relation to a review, if consent has already been provided to Gwent Police in order for them to act on your behalf for the complaint, we can accept the document you have previously provided to them.

What is the role of the IOPC?
The Independent Office for Police Conduct (IOPC) oversees the police complaints system in England and Wales. They investigate the most serious matters, including deaths following police contact, and set the standards by which the police should handle complaints. They use learning from their work to influence changes in policing.

Find out more at policeconduct.gov.uk

Does the OPCC deal with compensation claims?
No. The OPCC’s remit does not cover claims for compensation from the police. If you wish to pursue a financial claim against Gwent Police, you should contact their Legal Services Department. You can also contact your local Citizens Advice Bureau for more information or to seek legal advice.

How long will you keep the information relating to my complaint or review for?
Details of the information we hold can be found in our privacy notice. You will be sent a link to this document when you first request a review or if we progress with a complaint against the Chief Constable or a member of OPCC staff. All information is kept securely and in accordance with our retention schedule.