Question to the Home Office:

To ask Her Majesty’s Government whether they have the power or ability to refer Operation Midland to the Independent Police Complaints Commission.

The Home Office is unable to refer matters to the Independent Police Complaints Commission (IPCC) and cannot comment on individual cases which are a matter for individual forces.

Schedule 3 to the Police Reform Act 2002 places a duty on the appropriate authority to refer a matter to the IPCC under certain prescribed circumstances. The appropriate authority would usually be the chief constable or, where the complaint or conduct matter relates to a chief officer, the local policing body for the force in question.

The appropriate authority may also refer a complaint to the IPCC if it considers it appropriate to do so because of the gravity of the subject-matter or there are any exceptional circumstances involved. Where the appropriate authority is the chief constable and a case is not referred, the local policing body for the force may refer the matter to the Commission on the same grounds. The IPCC can, at any time, require the appropriate authority to refer a matter to it for consideration.

As part of the measures to strengthen the powers of the IPCC in the forthcoming Policing and Crime Bill, the IPCC will in future have the power to investigate allegations of police misconduct, death or serious injury and complaints against the police without first awaiting or requiring a referral from a force.