11th March 2014

Dear Sir/Madam Proposed judicial review This is a letter before action, as required by CP ules, in order to com!ly "ith !re#action

!rotocol$ %n the e&ce!tional circumstances of this case the time for res!onse has been reduced to ' days rather than the more con(entional 14 days$

This de!arture from !rotocol is )rounded in the fact that "hen the Claimant intimated to the Defendant*s Case"or+ Mana)er on 21st ,ebruary 2014 that he "as contem!latin) this -udicial re(ie" action he res!onded by sayin) that it "ould be a "aste of time and money as he e&!ected the .!!eal outcome to be deli(ered /ne&t "ee+01

Claimant Mr .nthony Dere+ amsden 14 The Mount Thornes 2a+efield

Defendant %nde!endent Police Com!laints Commission 3a+lands 4ouse 2ash"ay oad M55 ',S

Interested Party 2est 6or+shire Police P3 7o& 8 9aburnum 2a+efield 2,1 5:P oad

Details of the Matter being challenged efusal of the %nde!endent Police Com!laints Commission to !ro(ide the Claimant "ith an outcome to his .!!eal a)ainst an in(esti)ation outcome concernin) com!laints made by the Com!lainant a)ainst three 2est 6or+shire Police officers ;D% Carr, P% Thac+ray, C% <ssell=$

Background The Claimant and the Defendant ;the %PCC= ha(e "ell#rehearsed issues bet"een them "hich ha(e flo"ed from assaults on the Claimant by 2est 6or+shire Police at <lland oad Stadium,

9eeds in Se!tember 2011$ There has no" been three !olice in(esti)ations, all follo"ed by .!!eals to the %PCC, concernin) the outcomes of those in(esti)ations$ The first .!!eal "as u!held, the second .!!eal "as not u!held and challen)ed by -udicial re(ie"$ The decision of the Court is currently the sub-ect of a Permission a!!eal to the Court of .!!eal$ The third .!!eal is the sub-ect of the !resent action$ %t is the Claimant*s o(er#ridin) submission that the refusal by the %PCC to disclose the .!!eal decision is !re-udicial to both the abo(e Permission a!!lication and a further -udicial re(ie" concernin) the Claimant and Defendant in "hich the decision under challen)e is one concernin) the non#recordin) of a com!laint a)ainst the 2est 6or+shire Police > Crime Commissioner$ %t is further submitted that the outcome of the .!!eal "hich is the sub-ect of this instant case "ould be further !re-udicial to the refusal by the %PCC in(esti)ate serious dishonesty alle)ations a)ainst t"o case"or+ers at the heart of the second .!!eal referred to abo(e? ebecca eed and .nthony Coulson$

Brief Statement of

rounds

To assist the Court and the other !arties the Claimant has set out a short Chronology1 4$8$15 4$10$15 ecordable Conduct Com!laints lod)ed a)ainst the three officers %n(esti)ation 3utcome from 2est 6or+shire Police

11$10$15 .!!eal lod)ed by Claimant "ith %PCC a)ainst !olice in(esti)ation outcome 25$12$15 Case"or+er contacts Claimant and states decision /should be in @anuary0 28$1$14 Mr Aeil 2ilby, com!laint friend of the Claimant, tele!hones Case"or+er and is told

that the .!!eal "ould ta+e a further t"o "ee+s$ Case"or+er !ro(ides no satisfactory reason as to "hy .!!eal has already ta+en fi(e "ee+s and "ould ta+e a further t"o to determine$ Mr 2ilby is left "ith clear im!ression that Case"or+er has neither the necessary com!etencies or the tem!erament to deal "ith matters of this nature$ Put shortly, the Case"or+er )a(e the im!ression he "as /flannellin)0$ 21$2$14 21$2$14 Case"or+er mis#re!resents tele!hone call "ith Mr 2ilby Claimant sets out his intention to issue 9etter before .ction$ Case"or+er states /%

ho!eBBto ha(e it ;the Decision= "ith you ne&t "ee+0 2C$2$14 Case"or+er states /still ho!e to finish .!!eal today B$$and % can not antici!ate any

"ay that it "ill not be early ne&t "ee+0 D$5$14 11$5$14 Claimant emails Case"or+er and states /%PCC deliberately misleadin) me all alon)0 Ao res!onse to Claimant*s email of Dth by %PCC$ Claimant issues 9b.

Procedural !nfairness .s recited in the Police eform .ct 2002 the Defendant has a first duty to maintain !ublic

confidence in the !olice com!laints system$ %t follo"s, therefore, that it should deal e&!editiously "ith matters that im!act directly on such confidence and, in !articular, "ith members of the !ublic "ith "hom it comes into contact$ <ither by "ay of .!!eals a)ainst !olice in(esti)ations ;"hich account for a (ery hi)h !ro!ortion of !ublic interaction= or matters in "hich the %PCC is, itself, the in(esti)atin) body$ %t is a matter of record that most .!!eals a)ainst !olice in(esti)ations are determined bet"een the %PCC "ithin four "ee+s of bein) allocated to a case"or+er$ The .!!eal in the instant case is uncom!licated$ %t is set out in a format that is

com!atible "ith the le)islation and a!!ro!riate )uidelines$ ,urther, the !olice in(esti)ation "as so demonstrably unla"ful that a com!etent, !ro!erly trained case"or+er "ould ha(e no difficulties in determinin) the .!!eal "ithin t"o "ee+s, let alone four$ The Claimant "ill also rely on a !recedent in another -udicial re(ie" case in "hich the %PCC are Defendant$ The %PCC ha(e conceded the -udicial re(ie" and in their Statement of Erounds ha(e submitted that a re(ie" of another shoc+in)ly !oor .!!eal decision, in a case ar)uably much more com!le& than the instant matter, "ould be com!leted "ithin 5D days$ %t is, accordin)ly, submitted that for the instant case to be no" in its t"elfth "ee+ of determination ;as at the date of this letter= is both !er(erse and irrational$ The Claimant submits, on the basis of the re!eatedly breached /deadlines0 that, in the final analysis, the %PCC ha(e fore)one their la"ful remit to a(oid further re!utational dama)e arisin) from admissions that "ould im!act on their stated !ositions in other matters rehearsed abo(e$ %t is further submitted that the %PCC ha(e allocated the matter to a case"or+er under#equi!!ed to deal "ith the re(ie" of !olice misconduct in(esti)ations$

Bias %t is readily acce!ted by the Claimant that any alle)ation of bias a)ainst a !ublic body !resents a hi)h e(idential hurdle$ 4o"e(er, in this case, there is s!ecific basis for belie(in) the Defendant is cul!able, )rounded in the fact that it is !lainly not in the interests of the %PCC to de(elo! outcomes into a "ider matter "here their o"n !rocedural and fact#findin) failures, as "ell as re!eated dishonesty, ha(e been ruthlessly e&!osed in 4i)h Court$ . readin) of the -ud)ement and e&tracts from the trial transcri!t of the !roceedin)s in D ;on the .!!lication of .

amsden ( %PCC FC314044/2012G= should inform the Court adequately on this !oint$ . co!y

of the -ud)ement and the rele(ant !ara)ra!hs from the transcri!t are common to the !arties$ This alle)ation of bias, by the Claimant a)ainst the Defendant is set also a)ainst the bac+dro! of the %CC*s re!utation of consistent failure in almost e(ery sin)le hi)h#!rofile, nationally !ublicised case in "hich they are in(ol(ed and "here !ro(en bias a)ainst the !ublic com!lainant ;or con(ersely bias in fa(our of the !olice= is the e(er !resent theme$ Most recently, "hen only last "ee+ ;,riday Hth March 2014= the Chair of the %PCC "as forced to issue an a!olo)y to the family of Ste!hen 9a"rence into the %PCC*s catastro!hic failin)s in an

in(esti)ation concernin) the !olice corru!tion surroundin) the in(esti)ation into the racist murder of their son$

"emedy The Claimant see+s a Mandatory 3rder com!ellin) the %PCC to !roduce the outcome of the Claimant*s .!!eal "ithin se(en days of the order bein) announced by the Court$

Disclosure The %PCC "ere !ro(ided "ith a Disclosure equest alon) "ith the .!!eal in the instant case on

11th 3ctober, 2015$ The Case"or+er has not disclosed any of the items listed or, at any time, sou)ht to e&!lain the reason for this refusal$ The Claimant see+s a further 3rder to the effect that all materials listed in the Schedule be disclosed forth"ith$

% loo+ for"ard to recei(in) your substanti(e res!onse to the abo(e by 10am on Monday 1H th March, 2014$ The intention is to file in !erson a A4'1 and A4'5 at 9eeds .dministrati(e Court in the afternoon of the 1Hth$

6ours sincerely

.nthony amsden