Remi Reichhold appears in the Administrative Court for the Chief Constable of Greater Manchester Police in a judicial review challenge concerning the referral of police complaints to the IOPC

20 April 2021

On 26 March 2021, Remi Reichhold appeared in the Administrative Court for the Chief Constable of Greater Manchester Police in the case of R (Rose) v GMP [2021] EWHC 875 (Admin).

The Claimant argued that two complaints he made to Greater Manchester Police (“GMP”) should have been referred to the IOPC (then known as the IPCC) on the basis that they alleged “serious corruption” under paragraph 4 of the Police (Complaints and Misconduct) Regulations 2012. GMP argued that the complaints did not fall within the statutory scheme for mandatory referral on the basis that the matters complained of had already been extensively investigated and that in any event the Claimant had already obtained the remedy sought because he made a subsequent complaint which was investigated and rejected by the IOPC.

In a judgment handed down on 19 April 2021, HHJ Eyre QC (sitting as Deputy High Court Judge) held that under paragraph 4 of the Regulations the appropriate authority must not consider the merits of a complaint. The test is whether “the nature of what is being alleged” would if substantiated constitute serious corruption as defined in the Home Office Guidance. HHJ Eyre QC ultimately found that whereas one of the Claimant’s complaints should have been referred to the IOPC, the Claimant’s challenge in relation to an earlier complaint did not succeed. Likewise, the Claimant’s other challenges with respect to irrationality and an alleged failure to give reasons did not succeed. 

 

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