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Request for Review CO/1211/22 Panigrah

Request for Review CO/1211/22 Panigrahi3

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OPCC Reviews Kent <opcc.reviews@kent.police.uk>

To:

Shantanu Panigrahi

Fri, 9 Dec at 14:27


Dear Dr Panigrahi,


We wrote to you on 8th November (below) to enquire whether you wished for the OPCC to undertake a review into whether Kent Police’s decision to take no further action over complaint CO/1211/22 was reasonable and proportionate; or whether you wished to withdraw the request.


We received no confirmation that you wished to withdraw the request and so please find attached correspondence in this regard.


Yours sincerely,

OPCC Secretariat

Office of the Police and Crime Commissioner for Kent

Kent Police, Sutton Road, Maidstone, Kent ME15 9BZ

Office telephone: 01622 677055

Email: contactyourpcc@kent.police.uk

Website: www.kent-pcc.gov.uk

Twitter: @PCCKent


For details of how we use personal information, please read our Privacy Statement.


If you require this e-mail or any attached documents in an alternative or more accessible format, please contact us to let us know.


pcc-email-signature



From: OPCC Reviews Kent

Sent: 08 November 2022 10:59

To: Shantanu Panigrahi <shantanupanigrahi@yahoo.com>

Subject: RE: EXTERNAL - Re: Request for Review CO/1211/22 Panigrahi


Dear Dr Panigrahi,


Thank you for your email of yesterday afternoon. In response to your queries, I advise you of the following:


The OPCC has no appeal role with regards your civil claim for financial compensation, and/or your injunction request.


The OPCC has no appeal role or other role in ‘passing judgement’ with regards any legal matters including Kent Police’s decision to issue you with a speeding fine. These are operational policing matters and are not within our remit.

The OPCC is unable to provide you with any reports or copies of Kent Police documents. If you have not received a report from the Professional Standards Department (PSD) regarding a complaint against Kent Police you should contact them for a copy via email at PSD.Complaints@kent.police.uk. Alternatively, if you consider it appropriate to raise a Subject Access Request (a SAR) in relation to any data or information which has been collated by or on behalf of Kent Police, then a request can be made to the Kent Police Public Disclosure Team via email at public.disclosure@Kent.police.uk


It is solely our role to judge whether Kent Police have acted reasonably and proportionately in handling your complaint. For the avoidance of any doubt, by ‘your complaint’ I specifically mean the correspondence you sent to Kent Police dated 16th October. That correspondence was logged by PSD under reference CO/1211/22 and you received a response from the PSD Complaints Team on 2nd November (copy attached). In your particular case our role would solely be to assess whether the decision to take no further action was reasonable and proportionate.

If you do not wish us to undertake the review into whether Kent Police’s decision to take no further action over complaint CO/1211/22 was reasonable and proportionate, then please let us know that you wish to withdraw the request.


Otherwise, our aim will remain to provide you with a response to that point by 30th December 2022.


OPCC Secretariat

Office of the Police and Crime Commissioner for Kent

Sutton Road, Maidstone, Kent ME15 9BZ

Office telephone: 01622 677055

Email: opcc.reviews@kent.police.uk

Website: www.kent-pcc.gov.uk


For details of how we use personal information, please read our Privacy Statement.


If you require this e-mail or any attached documents in an alternative or more accessible format, please contact us to let us know.


From: Shantanu Panigrahi <shantanupanigrahi@yahoo.com>

Sent: 07 November 2022 17:49

To: OPCC Reviews Kent <OPCC.Reviews@kent.police.uk>

Subject: EXTERNAL - Re: Request for Review CO/1211/22 Panigrahi


CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.


Dear Sir


I have studied the OPCC's remit in full, and have some points for you to address so that I may be able to decide whether to Appeal or have the Medway County Court deal with the dispute under Claim J00ME572, that since May 2022 has sought an injunction against Kent Police with a Money Claims Application as attached: Document_2022-05--13_152026.pdf.


First and foremost, I have never received a Report from Professional Standards Department of Kent Police over the past year since my arrest and confiscation of family property, nor a Crime Reference Number or a Crime Report: until these are forthcoming I would not be able to judge whether your decision would be pertinent to the complaint.


Secondly, as I mentioned to the Central London County Court, the decision of Kent Police to try and impose a fine on me through the back-door when I had already taken quite legally the option to attend a Speed Awareness course and had paid £92 to Kent County Council being booked for the Course on 11 January 2022. was perverse: Can the OPCC pass judgment on this complaint.


I know that Kent Police do not have a leg to stand on both on the matter of the Hate Crime perpetrated on me for over a decade, but if OPCC is unable to investigate this thoroughly, there is no point in the Appeal.


I trust you will take these points into account and let me know what the OPCC can or cannot do in light of the fact that the Particulars of Money Claim against Kent Police has now risen to £4.3 million as shown in the attached: Particulars of Damages and Compensation (CLAIM J00ME572).pdf.


Yours sincerely

Dr Shantanu Panigrahi

3 Hoath Lane

Wigmore

Gillingham

Kent ME8 0SL

Tel: 07967789619


On Monday, 7 November 2022 at 16:43:43 GMT, OPCC Reviews Kent opcc.reviews@kent.police.uk> wrote:


Dear Shantanu,


Re: CO/1211/22


I am writing to acknowledge your request for a review of the outcome of your complaint. It is the role of the Office of the Police and Crime Commissioner to determine whether the handling of your complaint was reasonable and proportionate; and if not, to make recommendations to Kent Police to redress any concerns.


Firstly, we need to ensure that a number of key criteria are in place before we consider your request. We must ensure that:


The OPCC is the correct body to review your complaint;

That you have the right to request a review;

That the request is valid; that is, it contains all the necessary details for us to consider the review;

That it has been made within the 28 day-limit, or if not, there is a valid reason for the request to be outside of this period.


I should also clarify that it is not the role of the OPCC to make a judgement on legal issues, or operational matters such as on-going or concluded criminal cases. It is solely our role to judge whether Kent Police have acted reasonably and proportionately in trying to resolve your complaint. This means that I will not be re-investigating the matter of your complaint or the action taken by police. These are operational policing decisions and are not within the remit of this review.


Please note that this office is a separate entity to Kent Police, our role in law is the review of your complaint outcome. We are not the owners of the data/information provided to us for the purpose of this review. If you consider it appropriate to raise a Subject Access Request in relation to any data or information which has been collated by or on behalf of Kent Police, then all requests must be made to Kent Police direct via the Public Disclosure Team who can be contacted via email at public.disclosure@Kent.police.uk


I will review the points that you have raised and will aim to provide you with a response within 40 working days from the date of this acknowledgement ie I will aim to respond to you in full by 30th December 2022. Please note that this may not always be possible and if there is likely to be any delay I will notify you accordingly.


Yours sincerely,

OPCC Secretariat

Reviews Department

Office of the Kent Police & Crime Commissioner,

Kent Police, Sutton Road, Maidstone, Kent ME15 9BZ

Office telephone: 01622 677055

Email: opcc.reviews@kent.police.uk

Website: www.kent-pcc.gov.uk

Twitter: @PCCKent


From: Shantanu Panigrahi <shantanupanigrahi@yahoo.com>

Sent: 05 November 2022 09:49

To: OPCC Reviews Kent <OPCC.Reviews@kent.police.uk>

Subject: EXTERNAL - Appeal L 02122


CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

To

Office of Police and Crime Commissioner

Dear Sir


For the past decade, Kent Police has been terrorising me with one thing or the other, most significantly on the attached matter of arrest and confiscation of our family property - please check through:

L 02122-Complaint Outcome.pdf;

ToKentPolice(FO! Request)Elaboration4Nov2022.docx;

ToKDE_kentgovuk(SpeedingBookingConfirmation)2Nov25022.docx; ToBPSainsburysJobApplications4Nov2022.docx;

DEFENCE STATEMENT ON HARASSMENT OFFENCE.docs;

NorthKentPoliceReleasewithoutBail.pdf.


The document that I submitted made it clear that I had apologised and had never berore had a Speed Awareness Courts which I need in view of my mental health condition, yet Kent Police take no account of this and continue to terrorise me with one thing or the other. Further, it has protected criminals of Victims of Panigrahi Association to enable it to continue to defame and denigrate me with incessant manipulation of the due process of justice and law and order and as such has been sending me deceitful emails that was brought to the attention of the Judiciary at the Central London County Court. The Court took no action against Kent Police, and neither did Medway County Court on the injunction that I applied for to stop Kent Police perpetrating its Hate Crime on me and my family.


I had demanded from Kent Police £3.5 million in damages and compensation for the decade long terrorism, and this is being ignored while it does not respond to the Freedom of Information Request, as linked here: Kent Police: Freedom of Information Request FOI/01299/222 (knowledgeassessmentanddissemination.com) https://www.knowledgeassessmentanddissemination.com/post/kent-police-freedom-of-information-request-foi-01299-222


Kent Police: Freedom of Information Request FOI/01299/222

Kent Police: Freedom of Information Request FOI/01299/222 Yahoo / Sent Mon, 31 Oct at 09:28 Shantanu Panigrahi <...


With these grounds I am appealing against the decision of Kent Police to enforce a fine on me for the Speeding Offence which I have no recollection of as you will note from the records, but to smooth the passage of proceedings I had apologised.


Please let me know how this Appeal is to proceed immediately so that I do not miss the deadline for the registration of the Appeal.


Yours sincerely


Dr Shantanu Panigrahi

3 Hoath Lane

Wigmore

Gillingham

Kent ME8 0SL

Tel: 07967789619


This email and any other accompanying document(s) contain information from Kent Police and/or Essex Police, which is confidential or privileged. The information is intended to be for the exclusive use of the individual(s) or bodies to whom it is addressed. The content, including any subsequent replies, could be disclosable if relating to a criminal investigation or civil proceedings. If you are not the intended recipient, be aware that any disclosure, copying, distribution or other use of the contents of this information is prohibited. If you have received this email in error, please notify us immediately by contacting the sender or telephoning Kent Police on 01622 690690 or Essex Police on 01245 491491, as appropriate. For further information regarding Kent Police’s or Essex Police’s use of personal data please go to https://www.kent.police.uk/hyg/privacy/ or https://www.essex.police.uk/hyg/privacy/. Additionally for our Terms and Conditions please go to https://www.kent.police.uk/hyg/terms-conditions/ or https://www.essex.police.uk/hyg/terms-conditions/


Attachment:

Review letter Dr Panigrahi.pdf236kB:


OPCC Review letter Dr Panigrahi (1)
.pdf
Download PDF • 242KB

Extract:

From Mathew Scott

Kent Police and Crime Commissioner

Office Telephone: 01622 677055

www.kent.pcc.gov.uk

The Office of Kent Police and Crime Commissioner

Sutton Road

Maidstone

Kent ME15 9BZ



Shantanu Panigrahi

Sent by e-mail to: shantanupanigrahi@yahoo.com

Date: 9

th December 2022

Ref: CO/1211/22

Dear Dr Panigrahi,

I am writing following what we regarded as your request for a review of the outcome of your complaint, reference CO/1211/22. It is the role of the Office of the Police and Crime Commissioner (OPCC) to determine whether the handling of your complaint was reasonable and proportionate; and if not, to make recommendations to Kent Police to address any concerns.

Firstly, we need to ensure that a number of key criteria are in place before we consider your request. We must ensure that:

i. The OPCC is the correct body to review your complaint;

ii. That you have the right to request a review;

iii. That the request is valid; that is, it contains all the necessary details for us to consider the review;

iv. That it has been made within the 28 day-limit, or if not, there is a valid reason for the request to be outside of this period.

In respect of your request, all these criteria are met, and I have therefore considered the request you sent to us on 5th November.

The first point that requires clarification is that it is solely our role to judge whether Kent Police have acted reasonably and proportionately in handling your complaint. In your particular case, it is to assess whether the decision by the Appropriate Authority (AA) to take no further action over your complaint was reasonable and proportionate.

I note that your complaint, made to Kent Police by email on 16th October, was regarding two police investigations:

• You wished to challenge a Kent Police decision that you should have to pay a £100 Fixed Penalty Notice (FPN) for a speeding offence instead of attending a Speed Awareness Course;

• You provided evidence in your defence regarding the ongoing stalking/harassment investigation for which you had been arrested in November 2021.

Following receipt of your complaint, the AA assessed and recorded your complaint. In a letter to you, dated 2nd November, Kent Police then explained why no further action was being taken, citing statutory guidance produced by the Independent Office for Police Conduct (IOPC) which states that it may not be reasonable and proportionate to take further action with a complaint where the matters would be better handled by another process:

“…the allegation relates to action taken in respect to an offence of excess speed. There is a legal process which has to be followed in respect to such offences. Further, as you have pointed out that you are dissatisfied with this procedure, there is an appeals process to follow. This would be the most appropriate avenue rather than using the police complaints process…

“The document of a Defence Case Statement produced by you is in respect to ongoing criminal matters and as such, should be relied upon during the criminal justice process rather than the police complaints process.”

The letter from Kent Police explained you had a ‘Right of Review’ from us here in the OPCC if you were dissatisfied with the decision to take no further action.

You wrote to us on 5th November stating you wished to appeal “the decision of Kent Police to enforce a fine on me for the Speeding Offence which I have no recollection… Please let me know how this Appeal is to proceed immediately.”

We considered that as a possible ‘Right of Review’, and we sent you an acknowledgement on 7th November.

A reply from you on 7th November raised further questions about the role of the OPCC in handling any appeal(s) regarding civil or criminal matters. We responded on 8th November stressing that our role would solely be to assess whether the decision to take no further action was reasonable and proportionate over complaint CO/1211/22.

In that regard, having completed my review, I am satisfied that there are other processes which are better suited to handling the issues you raised on 16th October:

• I note you have been in contact with the Central Process Unit (CPU) within Kent Police’s Driver Diversion Team to appeal your FPN. They confirmed on 15th November that you could have the matter heard in court, with the speed awareness course and FPN options withdrawn. You replied in writing confirming you did wish to contest the speeding offence at court; and accordingly your case has been referred for consideration of court action.

• I note the stalking/harassment offence for which you were arrested in November 2021 remains a live

police investigation (case file reference 46/XY/9708/21). You have the opportunity to present any

evidence in your defence during the criminal justice process.

Taking into account all of the above, I have concluded that the way the complaint has been handled is reasonable and proportionate. This decision is final; should you wish to challenge it, you would have to take legal advice and consider a judicial review. Should you wish to take this course of action, the following link may be of assistance to you: https://www.gov.uk/guidance/administrative-court-bring-a-case-to-the-court

Yours sincerely

Keith Fairbank

Independent Reviewer of Complaints

Office of the Police and Crime Commissioner for Kent

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