6Dispensation from requirement to handle a complaint
(1) If, in relation to a complaint about a member of its staff, the Commission is of the opinion that—
(a) more than 12 months have elapsed between the incident, or the latest incident, giving rise to the complaint and the making of the complaint and either that no good reason for the delay has been shown or that injustice would be likely to be caused by the delay;
(b) the complaint concerns a matter which is already the subject of a complaint;
(c) the complaint does not disclose the name and address of the complainant and it is not reasonably practicable to ascertain such a name or address;
(d) the complaint is vexatious, oppressive or is otherwise an abuse of the procedures for dealing with complaints;
(e) the complaint is repetitious; or
(f) it is not reasonably practicable to complete a satisfactory investigation of the complaint;
then the Commission may dispense with the requirements of regulations 3(1)(b), 4 and 5 in relation to the complaint.
(2) For the purposes of paragraph (1)(e) a complaint is repetitious if, and only if—
(a) it is substantially the same as a previous complaint (whether made by or on behalf of the same or a different complainant);
(b) it contains no fresh allegations which significantly affect the account of the conduct complained of;
(c) no fresh evidence, being evidence which was not reasonably available at the time the previous complaint was made, is tendered in support of it; and
(d) as respects the previous complaint, either—
(i) the requirements of regulation 4 or 5 were complied with;
(ii) the complainant withdrew the complaint; or
(iii) the Commission dispensed with the requirement to handle the complaint.
(3) For the purposes of paragraph (1)(f) it is not reasonably practicable to complete a satisfactory investigation of a complaint if, and only if,
(a) it is not reasonably practicable to communicate with the complainant or a person acting on his behalf; or
(b) it is not reasonably practicable to complete a satisfactory investigation in consequence of—
(i) a refusal or failure, on the part of the complainant, to make a statement or afford other reasonable assistance for the purposes of the investigation; or
(ii) the lapse of time since the event or events forming the subject matter of the complaint.
(4) In this regulation any reference to action not being reasonably practicable shall include a reference to action which it does not appear reasonably practicable to take within a period which is reasonable in all the circumstances of the case.
(5) Unless the Commission is of the opinion that it would be contrary to the public interest, it shall notify the complainant and the person complained about of any decision under paragraph (1) to dispense with any procedures in relation to a complaint.
Specified date: 1 April 2004: see reg 1(1).