PART 3Complaints etc.
CHAPTER 5Investigations and Subsequent Proceedings etc.
Duty to keep the complainant informedI177
1
In any case in which there is an investigation of a complaint in accordance with this Part by the Commissioner or under the Commissioner’s direction, the Commissioner must provide the complainant with all such information as will keep the complainant properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in paragraph (5).
2
In any case in which there is an investigation of a complaint, in accordance with this Part by the appropriate authority on its own behalf, the appropriate authority must provide the complainant with all such information as will keep the complainant properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in paragraph (5).
3
Where paragraph (2) applies, the Commissioner must give the appropriate authority all such directions as the Commissioner considers appropriate for securing that that authority complies with its duty under that paragraph, and the appropriate authority must comply with any direction given to it under this paragraph.
4
In any case in which a complaint is being handled—
a
in accordance with regulation 17(3) otherwise than by the appropriate authority making arrangements for the complaint to be investigated by the authority on its own behalf; or
b
otherwise than in accordance with regulation 12(9),
the appropriate authority must provide the complainant with all such information as will keep the complainant properly informed, while the complaint is being handled and subsequently, of all the matters mentioned in paragraph (5).
5
The matters of which the complainant must be kept properly informed are—
a
the progress of the handling of the complaint;
b
the outcome of the handling of the complaint;
c
in relation to any right to apply for a review conferred on the complainant by regulation 18 or 64 (as the case may be)—
i
the identity of the relevant review body;
ii
where the appropriate authority has determined that the Commissioner is not the relevant review body, the fact that there is no right to apply to the Commissioner for a review;
iii
the time limit for applying for a review; and
iv
the effect of regulation 65(5);
d
the progress of any disciplinary or criminal proceedings brought in relation to, or arising from, any matter which was the subject of the complaint, recordable conduct matter or DSI matter;
e
the outcome of any such proceedings;
f
where an appeal is brought against the outcome of any such proceedings, the fact and outcome of the appeal.
6
The generality of paragraph (5)(a) and (b) is not affected by any requirement to notify the complainant that is imposed by any other provision of this Part.
7
The duties imposed by this regulation on the Commissioner and the appropriate authority in relation to any complaint must be performed in such manner as provided for by regulation 79, and have effect subject to the exceptions set out in regulation 80 (exceptions to duties to keep the complainant and interested person informed).
8
In any case in which there is an investigation of a complaint, the Commissioner or the appropriate authority may comply with their duty under paragraph (1) or (2) (as the case may be) so far as relating to the findings of a report of the investigation submitted (or completed) under regulation 56, by sending the complainant a copy of the report.
9
Paragraph (8) applies notwithstanding any obligation of secrecy imposed by any rule of law or otherwise but is subject to regulations 80 and 81.
10
A person appointed to carry out an investigation under this Part, or who is otherwise involved in the handling of a complaint under this Part, must provide the Commissioner or, as the case may be, the appropriate authority with all such information as the Commissioner or that authority may reasonably require for the purpose of performing their duty under this regulation.