Person Completing (Force ID and Name) Date/Time of recording 1. DETAILS OF COMPLAINANT Full Name Date of Birth Gender Male Female Other Address/Post Code E-mail (preferred method of contact unless unsuitable) Telephone Home Mobile Work Ethnicity Please mark the appropriate box ASIAN OR ASIAN BRITISH Bangladeshi Indian Pakistani Any other Asian Background BLACK OR BLACK BRITISH African Caribbean Any other Black background MIXED White and Black Caribbean White and Black African White and Asian Any other Mixed background OTHER ETHNIC GROUP Chinese Any other Ethnic Group WHITE British Irish Any other White Background NOT STATED Not Stated Is the Complainant Subject of alleged conduct? A witness to the alleged conduct? Adversely affected by alleged conduct? Acting on behalf of the complainant? 2. STAFF SUBJECT OF COMPLAINT Complete additional forms for each complainant or interested party (if applicable) Force Rank/Grade/Job Title Name (if Known) On/Off Duty Station Identifier 1 On Off 2 On Off 3 On Off 4 On Off Form number: 330 1
3. DETAILS OF COMPLAINT If complaint is a D&C, after completing this Section, please proceed to Section 8. Complaint how made Letter Email Telephone Time/date of incident Location of incident/division Circumstances of Incident: (Include direct speech where relevant) Personal visit to Police Station. Specify Station: Expectations of Complainant What can we do to put it right? Is complaint related to an arrest occurrence: Court Details Documents to be attached 4. ADDITIONAL INFORMATION/PRESERVATION OF EVIDENCE Yes No Custody Record Search Record Other Evidence preserved (specify nature of evidence NICHE Ref: Charged Bailed Bail Date: Arrest/Original Notes Case Papers Form 459/450a Pocket Book Date Appearing Storm Log Video Evidence Crime Report Arrest Statements Injuries complained of Injuries visible Has medical practitioner examined Complainant Yes No (If yes to either, complete the following Staff member Yes No question) Medical practitioner details Photographs taken: Complainant Yes No (Remember photographic evidence of Staff member Yes No non injury is required) Form number: 330 2
5. LOCAL RESOLUTION For instruction and guidance see LR pack (Form 330b) on PSD Firstpoint site Local resolution is an alternative to undertaking a formal investigation into less serious complaints, and is a flexible process that can be adapted to the needs of the complainant, by solving, explaining, clearing up, or settling the matter directly with the complainant. The use of Local Resolution does not require a complainant s permission, but they have the right of appeal if the person handling the complaint does not follow the process, or if there is not a proper outcome. Although it is not a disciplinary process and will not lead to any misconduct proceedings, the manager of the police officer or staff member may take management action during, or as a result of, local resolution if appropriate. Local Resolution is only appropriate where:- The alleged conduct if substantiated would not justify a criminal charge or disciplinary proceedings (there are exceptions, please refer to PSD for advice) where local resolution can be used to dispense of complaint. The alleged conduct would not amount to the breach of a person s rights under Article 2 (right to life) or 3 (prohibition of torture inhumane, degrading treatment or punishment) of the European Convention on Human Rights. The police officer(s) / staff subject of the complaint is /are known and can be readily identified (NB) IF THE COMPLAINT IS NOT SUITABLE FOR LOCAL RESOLUTION PLEASE REFER IMMEDIATELY TO THE PROFESSIONAL STANDARDS DEPARTMENT Local Resolution attempted? YES NO (If failed) Reason for failed Local Resolution: The following points must be explained to the complainant: Reason why the complaint qualifies for local resolution Purpose of local resolution Right of appeal against the process and outcome Case will be closed after the process has been completed No disciplinary action will be taken against the person complained against in relation to the conduct that is subject of the local resolution, but they may receive management action. Who will conduct the process That they will be given a copy of the record of the outcome That any statements made during the process about the subject of the local resolution will be inadmissible in any criminal, disciplinary or civil proceedings What will happen if the conditions change and the police stop the process I fully understand the Local Resolution process and the above points have been explained to me:- Signature of Complainant:... Time:... Date:... Form number: 330 3
6. ACTION PLAN ACTION PLAN: To be taken in respect of Local Resolutions: Action Plan must be reasonable and achievable, ensure complainant s expectations are not too high so that they cannot be achieved (steps must be completed in all cases). The complainant s signature should be immediately after the agreed steps: 1. 2. 3. 4. (add more if needed) Signature of Complainant Date Date Complainant advised of Action Plan Signature of officer completing Form number: 330 4
7. CONTACT HISTORY DATE: TIME TYPE OF CONTACT Form number: 330 5
8. STEPS TAKEN TO LOCALLY RESOLVE COMPLAINT AS PER THE AGREED ACTION PLAN AT SECTION 6. (To be completed by the person conducting local resolution) * If part of resolution plan is to speak to the staff subject to complaint, please complete 330a I certify that I have completed the Resolution Plan as agreed with the complainant and updated the complainant accordingly (each agreed point of the plan should be covered). Please note that this page will be sent to the Complainant when the case is finalised by PSD 1. 2. 3. 4. (Add more if needed) Date complainant advised of outcome:... Signature of officer completing:... 9. DIRECTION & CONTROL - ACTION TAKEN Form number: 330 6
Complainant Updated Date: Date: Complainant Informed of the outcome Date: Details: Outcome of complaint COMPLIANT WITH EXISTING PROCEDURE/POLICY. NO REVIEW NEEDED COMPLIANT WITH EXISTING PROCEDURE/POLICEY, REVIEW NEEDED * NO PROCEDURE/POLICY IN EXISTENCE REVIEW NEEDED * NO PROCEDURE/POLICY IN EXISTENCE NO REVIEW NEEDED LESSON LEARNED? Y N FLAG FOR POLICE AUTHORITY? Y N * If review of policy is necessary, please indicate what action has been taken for the review to take place) Signature of PSD appointed person... Date. 10. ORGANISATIONAL LEARNING Form number: 330 7
Wherever possible, the person carrying out the local resolution should outline for the complainant what practical action or force learning may result from the complaint. It is important that appropriate authorities can demonstrate to complainants and communities that feedback from local resolution leads to improved police practice. Identified learning for this case includes: Signature of officer/staff member completing:... Name Rank/Post Number Signature of complainant (if present when advised):... Date... 11. ALTERNATIVE METHODS OF DISPOSAL I have discussed my complaint with and I am satisfied with the explanation given and I am happy for my complaint to be marked as locally resolved without any further action being taken. Signature of Complainant Date. I wish to withdraw my complaint. I accept that this will bring any action on the complaint to an end. (Do not sign off as withdrawn if explanation has been given to complainant). Signature of Complainant Date. Staff Member ID/Name Signature Date PSD Decision Maker This complaint can be classified as locally resolved and I request that a letter be sent to the complainant recording briefly how the complaint was handled and indicating that it will be recorded as having been locally resolved and their right to obtain a copy of the local resolution within 3 months of the date it was resolved. Local Resolution has not been completed or is not suitable and I request this file be forwarded to the appropriate department for investigation. This complaint can be classified as withdrawn Signature of Authorizing Officer Date Form number: 330 8
Revised January 13 LOCAL RESOLUTION PROCEDURE INFORMATION FOR COMPLAINANT Question 1: Question 2: Question 3: Question 4: Question 5: Question 6: Question 7: Question 8: Question 9: Question 10: Question 11: What is the Local Resolution Procedure? How long will it take to deal with my complaint under this procedure? Is the officer/staff member seen about my complaint? Will I be allowed to meet the person I have complained about if I agree to have my complaint locally resolved? What will happen to the officer/staff member? What if the officer/staff member denies the conduct I complain about? Will I get an apology? Can a complaint be locally resolved if the police officer/staff member denies the conduct? If my complaint is dealt with under the Local Resolution procedure, will the officer/ staff member be subject of a formal discipline? If I accept the implementation of Local Resolution how will I know when it is completed? Is this just a cover up for the officer I m complaining about? The Local Resolution procedure is a method of dealing with complaints in a speedy and satisfactory manner without resorting to a full investigation which can often take much longer to reach the same conclusion. This may vary from being dealt with at the time to three of four weeks, depending on the action plan agreed to by you and the appointed officer. A full investigation, by comparison, may take up to five or six months to be finalised. The officer/staff member will be seen by a supervisor and the substance of your complaint will be communicated to him / her. The officer / staff member will then be given an opportunity to provide his / her account of the incident or circumstances giving rise to your complaint. In some circumstances it may be appropriate for you to meet with the officer/staff member to resolve your complaint. However, neither party can be compelled to meet the other. If the officer/staff member admits the conduct complained of, or denies it but there is independent or impartial evidence to support your complaint, they will be given advice on how to behave in the future. If the officer/staff member claims to have acted properly and is supported by an independent or impartial source, the officer will be told this, and no further action may be necessary. If the officer/staff member denies the conduct complained of and there is no independent evidence to support either version of events, you will still receive an explanation setting out the officer/staff member s view of the incident. If the officer/staff member admits the conduct complained of and wishes to tender an apology you will be given an apology on his / her behalf. Should the officer / staff member decline to offer you an apology about the conduct complained of, you may still receive an apology on behalf of the force, if appropriate. In some cases, there may be irreconcilable differences between you and the police officer / staff member s description of the incident which gave rise to the complaint. In such case, having been informed of that position, the process will have been completed. No. The Local Resolution procedure cannot result in formal discipline proceedings. The procedure is finalised by giving advice and guidance in appropriate circumstances. What is said in Local Resolution procedures either by you or the officer/staff member cannot be used in any civil, criminal or disciplinary proceedings. At the conclusion of the Local Resolution procedure you will be advised of any explanation given by the officer and the outcome. You will receive written notification from the force that the matter has been dealt with by Local Resolution. If you are not satisfied with the way that the Local Resolution process has been carried out in accordance with the agreed action plan or the outcome, you may appeal to the Appeals Officer, Wiltshire Police. Research has shown that people who make complaints are more likely to be satisfied with the response to their complaint if it is dealt with by the Local Resolution procedure, rather than if a full investigation is carried out. The Independent Police Complaints Commission are actively encouraging the Police Service to use the Local Resolution procedure. Their intention is to reduce the number of full investigations so that resources can be concentrated on more serious complaints. If your complaint is more serious, the Local Resolution procedure will not be offered to you anyway. Form 330 9