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Complaints procedures for
Police
| General
Comment- |
General Comment
Complaints
about the behaviour and conduct of the police are dealt with in a variety
of ways. You can submit your complaint in several ways: directly to any
police station; via a Citizens Advice Bureau, Racial Equality Council,
Neighbourhood Warden, Youth Offending Team or Probation Service, a solicitor
or your MP; in writing to the Chief Constable of the force concerned;
or directly to the relevant independent watchdog (in Northern Ireland,
England and Wales). The independent watchdogs are the Independent Police
Complaints Commission (IPCC) in England and Wales or The Police Ombudsman
for Northern Ireland (PONI). At present, there is no watchdog in Scotland.
England, Wales
and Northern Ireland: From
1 April 2004 the Independent Police Complaints Commission (IPCC) replaced
the Police Complaints Authority (PCA) in England and Wales. With this
new body comes a new system and new rights. Under the new system the IPCC
has much stronger powers to initiate, carry out and oversee investigations,
whereas previously the PCA could only supervise police investigations.
The new system means that complaints can be made against anyone working
for the police service, not just police officers. This includes police
staff, Special Constables, community support officers and contracted escort
and detention officers. There are now also new rights of appeal against
the non-recording of a complaint, the local resolution process and the
outcome of a police investigation. Less serious complaints can be dealt
with through local resolution with the police station/force involved.
In more serious cases
(for example, death in custody, road traffic accidents involving a police
vehicle, discharge of firearms by police), the IPCC (in England and Wales)
or PONI (Northern Ireland) have to be notified of the complaint and they
will then supervise, manage or independently investigate the case.
If you want
to air your views on policy why not use our Open
Forum facility to post a message or opinion for others to see and
respond to.
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| Step
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England,
Wales and Northern Ireland: If possible, you should first report your
complaint to the police force concerned by contacting any police station,
or through your local Citizen's Advice Bureau, MP or Solicitor. At the police
station, the senior officer in charge, probably an inspector or a sergeant,
will decide whether to record your complaint. It can either be resolved
locally, with an apology for example, or it may be investigated by a senior
police officer. Each Police station has a complaint and discipline or professional
standards department that is responsible for taking up complaints. In serious
cases, the investigation may be supervised or independently run by the IPCC
(England and Wales) or the PONI (Northern Ireland). You can also direct
your complaint to the IPCC or PONI in the first instance who will forward
it to the appropriate police force to be recorded. The IPCC will inform
the Crown Prosecution Service (CPS), the PONI will inform the Director of
Public Prosecutions (DPP), if the complaint contains allegations of a criminal
nature.
Scotland: If possible, you should first report your complaint to
the police force concerned either in person at any police station, or through
your local Citizen's Advice Bureau, MP, Councillor or Solicitor. Allegations
of a criminal nature should be firstly directed to the Procurator Fiscal.
The senior officer at the police station will aim to resolve the complaint
with you directly. If the complaint is of a more serious nature, or you
are unhappy with the resolution offered by the police force, an investigation
will be made by the police force and a report submitted to the Assistant
Chief Constable of the appropriate force.
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| Step
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England,
Wales and Northern Ireland: Following completion of a report by the
investigation officer (whether from the IPCC/PONI or from the local force)
the IPCC/PONI will decide whether:
1. The report should be submitted to the Crown Prosecution Service/Director
of Public Prosecutions to decide whether criminal charges will be brought
against the officers or;
2. the police officer(s) should face misconduct proceedings or;
3. no action is to be taken or the police officer(s) concerned will receive
a formal warning or 'advice'.
If the IPCC/PONI decide that the CPS/DPP should be involved or the officer
will face misconduct proceedings, you may be asked to attend.
Scotland: The Assistant Chief Constable, on receiving the report
from the investigating officer will decide whether:
1. The report should be submitted to the Procurator Fiscal to follow criminal
proceedings or;
2. the police officer(s) should face misconduct proceedings or;
3. no action is to be taken or the police officer(s) concerned will receive
a formal warning or 'advice'
If you are not satisfied with the outcomes of either of the above go to
step 3.
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| Step
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England, Wales
and Northern Ireland: Under the new complaints system in England and
Wales you have the right to Appeal against the non-recording of a complaint;
if you have not been informed of the decision to record your complaint
or not; against the local resolution process; and against the outcome
of a police investigation.
Scotland: If
you are not satisfied with the outcome or process of Step 3, you may contact
the HMIC (Her Majesty's Inspectorate of Constabulary) who will review
your case and decide whether to investigate themselves or take no action.
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| Step
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Court: Failing
all else you can still go to court to resolve your dispute. Details of
small claims court and other procedures are given in the Legal Section
of this site. You can also contact the Community Legal Service (clsdirect.org.uk/index.jsp)
that gives access to free advice. Otherwise your local Citizens' Advice
Bureau will give you advice and will sometimes organise free legal representation
for you.
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If you are at all unsure
about any of these steps or would like further information please use the list
of Information links given below. If you click on the  icon the relevant site will open a new window.
Links to Information
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