Request for information on delegation of conduct reviews.

Reference: 20012

Date Added: Tuesday, December 8, 2020

Category: Complaints

Disclosure Details

Two duties are placed on public authorities under Section 1 of the Freedom of Information Act 2000 (FOIA). Notwithstanding applicable exemptions, the first duty at, Section 1(1) (a), is to confirm or deny whether the information specified in a request is held. The second duty at, Section1 (1) (b), is to disclose information that has been confirmed as being held. Under the provisions of those sections of the FOIA, we can confirm that the information you seek is held by the Office of the Police and Crime Commissioner for Gwent. Please find response below.

  • My question to you is this:  where, exactly e.g. Section, paragraph etc. does it state in Schedule 3.  Police Reform Act 2002 that the PCC may delegate/outsource their statutory duty to conduct reviews, to third parties?

The ability for a PCC to delegate/outsource the review process is not contained in the legislation you reference above.  The Independent Office for Police Conduct (IOPC) produce statutory guidance that gives detailed information on how the force/OPCC should deal with complaints and reviews.  The section which allows the delegation/outsourcing of reviews starts at paragraph 18.10 – the link to the guidance document which is available on the IOPC website has been included below for ease.