Kristina O'Connor, R (on the application of) v Police Misconduct Panel & Anor
[2023] EWHC 2892 (Admin)
John Alexander Melvin Hemming v Independent Office of Police Conduct
18 November 2022
[2022] EWHC 3307 (Admin)
High Court
A former MP complained about how the police handled his case and appealed the decision. The judge said some of the complaints weren't properly looked at and allowed him to continue the case on those specific points, but not others.
Key Facts
- •John Alexander Melvin Hemming, a former MP, brought judicial review proceedings challenging the Independent Office of Police Conduct's (IOPC) decision upholding the police's handling of his complaints.
- •Hemming's complaints stemmed from investigations into historic sexual abuse allegations, where he was a suspect but never charged.
- •The complaints focused on: (1) the referral to the CPS despite perceived innocence; (2) delays in investigating a counter-allegation of perverting the course of justice; (3) the continued classification of the original complainant as a 'victim'.
- •The IOPC's appeal decision was initially refused permission, but a renewed application was heard.
Legal Principles
Judicial review is a supervisory jurisdiction; the court assesses whether there's an arguable case with a realistic prospect of success.
Court judgment
The IOPC's appeal process is a review, not a re-investigation; the court checks if the IOPC's decision was fair and reasonably open to it.
R (on the application of Ramsden) v Independent Police Complaints Commission & Anor [2013] EWHC 3969 (Admin)
IOPC appeals should be handled in good faith, fairly, and timely; with fresh consideration, impartiality, and due consideration of representations.
IPCC statutory guidance (Section 13)
Outcomes
Permission for judicial review granted, but on limited grounds.
The IOPC's appeal decision was arguably unreasonable, unfair, and contrary to statutory guidance by failing to properly address specific complaints regarding apparent bias and the basis for prioritizing investigations.
Specific disclosure and adjournment requests were refused.
The requested documents were deemed irrelevant to the judicial review of the IOPC's decision.
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