Part 2: Police Complaints, Discipline and Inspection Chapter 1: Police Complaints Section 13: Local policing bodies: functions in relation to complaints
Currently local policing bodies2 have limited statutory functions relating to the police complaints system. These include holding the chief officer3 to account for how he or she exercises his or her functions (including the handling of complaints) and being the appropriate authority for complaints regarding the conduct of the chief officer.
	This Chapter confers, or allows local policing bodies to choose to take on, direct responsibility for a number of statutory functions in the police complaints system. The Act also makes it explicit that local policing bodies are to hold chief officers to account for the exercise of their functions in relation to the handling of police complaints (see section 21).
	Local policing bodies will be the review body for reviews/appeals currently heard by chief officers (see Schedule 5). This section, which inserts new section 13A into the 2002 Act, covers those other complaints functions under Part 2 of (including Schedule 3 to) the 2002 Act (as amended, including by this Act) for which local policing bodies can assume responsibility. It allows a local policing body to give a notice to the relevant chief officer that the local policing body, rather than the chief officer, will exercise certain functions in the process for handling complaints. A local policing body can take responsibility for the functions detailed under subsection (2) or both subsections (2) and (3) of new section 13A of the 2002 Act. These are set at out at A and B below.
Functions
A. Receiving and recording complaints
If a local policing body gives a notice that it will exercise the functions listed in new section 13A(2), it will take on the following functions:
- The duty to make initial contact with complainants to understand how best their issues might be resolved.
- The ability to resolve complaints otherwise than in accordance with Schedule 3 to the 2002 Act (which will likely be appropriate for low-level customer service related issues).
- The recording of complaints (and related notification duties).
B. Single point of contact
If a local policing body gives a notice that it will exercise the functions listed in new section 13A(2) and (3), in addition to the functions above, it will, as far as is possible, become the single point of contact throughout the handling of complaints (in cases which are not investigated independently by the IPCC or through a directed investigation). This means that they must keep a complainant informed on the progress of the handling of their complaint, the outcome of the handling of their complaint, any right of review or any other factor specified in regulations.
Where the IPCC is investigating a complaint, or the investigation is a directed investigation, the duty to keep the complainant informed lies with the IPCC.
	Local policing bodies will be able to delegate their complaints handling functions where appropriate (see section 21).
	A complaint made on the day a notice is given under new section 13A(1) or thereafter will be dealt with under the new arrangements, with the local policing body taking on the chief officer’s relevant functions and references to the chief officer in the relevant legislation being read as references to the local policing body, with necessary exceptions (as set out in subsections (4) and (5) of new section 13A).
	Subsections (6) and (7) of new section 13A enable the Secretary of State, by regulations (subject to the negative procedure), to make provision regarding the giving and withdrawal of notices. Regulations may, for example, specify the steps local policing bodies must take before issuing notices and the circumstances under which notices may be withdrawn.