Wilkinson, R (on the application of) v Police Complaints Authority & Ors

Wilkinson, R (on the application of) v Police Complaints Authority & Ors

The Police Complaints Authority has the power to review and revoke its dispensation to investigate a complaint. The court can quash the original decision, enabling the complaint to be investigated now that the claimant is available. There is no prejudice or abuse of process in allowing the investigation to proceed.

Parties
Claimant: Wilkinson; First Defendant: Police Complaints Authority; Second Defendant: Chief Constable of Merseyside Police; Interested Party: PC Griffiths; Interested Party: PC McKevitt; Interested Party: PC Tinsley; Interested Party: PC O'Shaughnessy
Jurisdiction
England and Wales
Judgment Date
19 March 2004
Procedural Posture
Judicial Review / Judgment on Application to Quash Administrative Decision
Outcome
Application allowed by consent; decision quashed; investigation to proceed; costs order made.
Legal Topics
Judicial Review of Administrative Decisions, Police Complaints Procedure, Dispensation From Investigation, Costs Orders
Administrative Law Police Law Judicial Review of Administrative Decisions Police Complaints Procedure Dispensation From Investigation Costs Orders

Case Brief

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Parties

Wilkinson

Claimant

Police Complaints Authority

First Defendant

Chief Constable of Merseyside Police

Second Defendant

PC Griffiths

Interested Party

PC McKevitt

Interested Party

PC Tinsley

Interested Party

PC O'Shaughnessy

Interested Party

Procedural Posture

Judicial Review / Judgment on Application to Quash Administrative Decision

Legal Issues

  1. 1 Whether the Police Complaints Authority has power to revoke a dispensation to investigate a complaint
  2. 2 Whether the court should quash the dispensation and order the investigation to continue
  3. 3 Whether continuing the investigation would be an abuse of process

Ratio Decidendi

The Police Complaints Authority has the power to review and revoke its dispensation to investigate a complaint. The court can quash the original decision, enabling the complaint to be investigated now that the claimant is available. There is no prejudice or abuse of process in allowing the investigation to proceed.

Court Disposition

Application allowed by consent; decision quashed; investigation to proceed; costs order made.

Orders

  • The decision of the Police Complaints Authority dated 10 June 2003 granting dispensation is quashed.
  • No order as to costs between the claimant and the first defendant.