Complaint Against the Police: How the Police Complaints Process Works and When to Get Legal Advice

Complaints about the police can arise from many different situations, including the conduct of an officer or member of staff, the way an incident was handled, the use of force, failures to investigate properly, or concerns about professional behaviour.

For anyone affected, understanding the complaints process can make it easier to decide what to do next and what information should be preserved.In England and Wales, most complaints are initially handled by the police force or organisation concerned. The Independent Office for Police Conduct (IOPC) oversees the police complaints system and independently investigates some of the most serious and sensitive matters. A complaint can be made directly to the relevant force or through the IOPC, which will usually pass it to the appropriate force for initial assessment.

What can a complaint against the police cover?

A complaint can relate to the conduct of an individual officer or member of police staff, or to the service provided by a force. The issues can range from the way a person was spoken to, through to allegations involving excessive force, discrimination, failures to investigate, abuse of authority or other serious misconduct.

It is important to distinguish between dissatisfaction with an operational decision and an allegation of misconduct. The correct route can depend on the facts, and the complaint should explain clearly what happened, who was involved, when the events took place and why the conduct is said to be wrong.

How do you make a complaint about the police?

The IOPC explains that a complaint can be made directly to the police force or organisation concerned, through the IOPC online form, by telephone or in person. When a complaint is submitted through the IOPC, it is normally sent to the relevant force for initial handling.

Where possible, the complaint should be supported by a clear chronology. Dates, times, locations, officer names or collar numbers, incident numbers and the names of witnesses can all help identify what happened.

What evidence should you keep?

Useful evidence may include video or audio recordings, photographs, medical records, correspondence, screenshots, CCTV details, witness information and any documents issued by the police. If body-worn video or other records may exist, it is sensible to identify this as early as possible.

Keeping a contemporaneous note of events can also be helpful. The note should separate what the complainant personally saw or heard from what they were later told by someone else.

What happens after a police complaint is made?

The relevant force or organisation will assess the complaint and decide how it should be handled. Most complaints are dealt with by the force itself, often through its professional standards department. The IOPC independently investigates only certain serious or sensitive matters.

The way a complaint is handled will depend on its seriousness and the circumstances. Some matters can be resolved without a formal investigation, while others may require a detailed investigation, interviews, evidence gathering and a formal outcome.

Can you challenge the outcome of a police complaint?

If a person is unhappy with the way a complaint was handled or with the final outcome, there may be a right of review. The outcome letter should explain whether a review is available, who the relevant review body is and any applicable time limit.

Because review rights can depend on how the original complaint was recorded and handled, it is important to read the outcome carefully and act promptly if a review is being considered.

When might legal advice be useful?

Legal advice may be particularly useful where the allegations are serious, the facts are disputed, there is significant evidence to organise, the complaint overlaps with a criminal investigation or other proceedings, or a review of the outcome is being considered.

At Adkirk Law, our regulatory team advises on police misconduct matters and can help clients understand the available routes, prepare representations and consider the next steps based on the individual circumstances.

How Adkirk Law can help

If you are dealing with a regulatory or professional issue connected with this subject, speak to Adkirk Law for advice tailored to the facts of your case. Early advice can help you understand the process, organise the evidence and decide on the most appropriate next step.

 

Related topics

Source

Independent Office for Police Conduct (IOPC)

Who investigates complaints against the police?

Most complaints are initially handled by the relevant police force or organisation. The IOPC oversees the system and independently investigates some of the most serious and sensitive matters. 

A complaint can be submitted through the IOPC, but in many cases the IOPC will send it to the relevant police force or organisation for initial assessment and handling. 

Useful material can include dates, times, officer details, incident numbers, video, photographs, medical records, correspondence, witness details and a clear chronology. 

There may be a right of review if you are dissatisfied with the handling or outcome. Your outcome letter should identify the relevant review body and explain the process. 

A solicitor is not required simply to submit a complaint, but specialist advice can be useful where the matter is serious, complex, disputed or linked to other legal proceedings. 

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