The IPCC's guardianship role

What is guardianship?

The powers and duties of the Independent Police Complaints Commission are very different from those of its predecessor body, the Police Complaints Authority.   These differences relate not just to its investigative and casework functions — which established a new way of handling complaints — but also to its wider responsibility to raise public confidence in the police complaints system as a whole.

It is this wider responsibility to increase public confidence that the IPCC describes as its guardianship role.    It is an area where the IPCC’s own thinking is still developing and welcomes views on these matters.

Purpose of the Police Reform Act 2002

The Commission is clear that its overall purpose under the Police Reform Act is twofold:

(i) to ensure suitable arrangements are in place for dealing with complaints or allegations of misconduct against any person serving with the police service in England and Wales; and

(ii) in doing so, to increase public confidence by demonstrating the independence, accountability and integrity of the complaints system and so contribute to the effectiveness of the police service as a whole.

In exercising these powers, the Commission is also very clear that it must not lose sight of the reasons why it was given them.    The police complaints system that it replaced was not effective in gaining the confidence of either complainants, bereaved families or police officers subject to complaint.

It was perceived to lack independence, timeliness, proportionality and transparency.   As the IPCC set up the new system, it was clear how widely that perception was shared by the Association of Chief Police Officers, police staff associations and complainant bodies.   The IPCC must now deliver the commitments it has made to all these interests, to make radical improvements to the complaints system as a whole.

Definition

The IPCC defines its guardianship role as those aspects of this responsibility to increase public confidence that do not relate specifically to its own investigative and casework functions. This has four elements, which are set out in the statutory guidance to the police service:

  1. Setting, improving, reviewing, monitoring and inspecting standards for the operation of the police complaint system;
  2. Promoting confidence in the complaints system as a whole amongst the public, national and regional stakeholders;
  3. Ensuring the accessibility of the complaints system; and
  4. Promoting policing excellence by drawing out and feeding back lessons arising from the IPCC’s work.

Powers

The legislative base for the IPCC’s functions is set out in Part 2 of the Police Reform Act. Those that relate to its guardianship powers include:

  1. The IPCC’s call in powers for any allegation of police misconduct;
  2. The ‘inspection’ powers;
  3. The ability to produce statutory guidance;
  4. The ability to make recommendations and give advice on police complaints arrangements and also on other matters of police practice from lessons it learns during its work;
  5. The obligation to produce annual reports and also reports for the Home Secretary, when asked;
  6. The ability to write other reports, as it sees fit, for the purpose of making recommendations, giving advice and drawing attention to particular issues;
  7. The ability to monitor the system by calling for information from police authorities and forces;
  8. The right of entry onto - and inspections of - police premises;
  9. Appointing organisations as ‘gateways’ for complainants into the system.

Find out more about how guardianship works

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