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The police operate on the principle that they can only carry out their duties if they have the agreement and support of the community.
To ensure a good relationship between the police and the public it's important that there's a fair and thorough system for complaining. Officers follow clear codes of practice and if you feel that these codes of practice have been broken, you can make a complaint.
1. What you can complain about
You can complain if you have been a victim of police misconduct or if you've witnessed police misconduct. For instance, complaints can be made about police officers who:
Complaining can be time-consuming and difficult so think carefully before you make your complaint. Generally about 10% of complaints are upheld.
Police codes of practice
The codes cover every aspect of what the police can and can't do, and are available on the Home Office website's police pages and the Scottish Executive's information on police. There is also a more general Code of Conduct which lays down how police officers should behave at all times.
Complaints about overall policing policy
You may want to complain about police decisions or policies rather than any particular incident - for example, the approach to policing protests or local events, such as a fete or concert.
For this kind of complaint you should address your letter to your local political representative, such as your MP, MSP, AM or MLA.
The following sections cover the complaints system in England and Wales. The complaints system in Scotland is covered in section five. The system in Northern Ireland is covered in section six
2. How to make a complaint in England and Wales
If you feel the police have treated you unfairly and you want to complain, you must begin by submitting your complaint in writing (by post or online) or in person at the police station.
In person
You should go to your local police station and ask to meet the senior officer on duty, probably an inspector or sergeant. You can then make your complaint directly to them.
Writing a letter
You should address your letter of complaint to the Chief Constable of the police force concerned, or to the Commissioner of Police if the complaint relates to London Metropolitan police officers.
You can also call, email, complete an online form or write directly to the Independent Police Complaints Commission who will pass the complaint on to the relevant police force.
You should include details about:
Getting help
You can get advice on how to complain from your local Citizens' Advice Bureau, Neighbourhood warden, youth offending team or probation service.
You can also ask someone else to make a complaint on your behalf, such as a friend, neighbour, solicitor, political representative or advisor from a Citizens’ Advice Bureau or law centre. You will need to give them a signed note authorising them to do this.
You may want some legal advice before you complain, especially if the matter is serious. A solicitor or Citizens’ Advice Bureau adviser can explain your best course of action.
The Independent Police Complaints Commission has a guide on How to make a complaint, available in 14 languages including Welsh
3. What happens next?
Once you have sent the letter or online form or visited the police station, you will be invited for an interview at the police station with a police officer who has been appointed to look into your complaint.
You can take a friend or solicitor with you to interviews. If you have been injured you may also be asked to attend a medical examination.
If the case is serious it will be referred to the Independent Police Complaints Commission by the police. If not, it will go through the ‘local resolution’ process.
Local resolution
Resolving a complaint locally is often quick and flexible. You explain your concerns and the police staff involved will explain their actions and perhaps offer an apology. If you’re satisfied that this is enough to resolve the issue, no further steps will be taken
4. Formal complaints investigation process
An investigation is set up if the allegation is serious, or if you reject the local resolution process. They are normally conducted by the police force in question under the supervision of the Independent Police Complaints Commission.
The officers carrying out the investigation will work for an internal department called either the Complaints and Discipline Department or the Professional Standards Department.
For more serious complaints the investigating officer will be from another police force. The investigating officer should have no connection with the incident or the officer you are complaining about.
In very serious cases, such as when someone dies or is seriously injured following contact with the police, the IPCC will conduct the investigation itself. The IPCC website has more information on IPCC investigations.
It can often take a long time to complete these investigations, usually up to six months or more, but you have the right to be kept informed about the investigation’s progress and outcome.
The investigation might conclude that:
Independent Police Complaints Commission
If you’re not happy with the resolution of your complaint, you have the right to appeal to the Independent Police Complaints Commission (IPCC) within 28 days. The IPCC will conduct an investigation into your complaint if you:
There is no right of appeal against an investigation conducted by the IPCC, to continue pursuing your complaint you must find a solicitor and take your case to court. Talk to the Citizen's Advice Bureau for more information.
Malicious complaints
Remember that if you make a false complaint you may risk being prosecuted for defamation, libel, or for wasting police time.
5. Making a complaint in Scotland
The system in Scotland is similar to the system in England and Wales, but involves a number of different public bodies.
You must first make your complaint to the police force involved. Make your complaint in writing or in person at any police station in Scotland.
Alternatively, you can ask a solicitor, MSP or local councillor to take the matter up with the Chief Constable on your behalf.
If you believe that a criminal offence has been committed by a police officer on duty then you can also complain directly to the Area Procurator Fiscal who will pass the complaint on to the relevant police force.
You should include details about:
The Crown Office and Procurator Fiscal Services has a guide on How to make a complaint, available in 7 languages.
After you have sent the letter, a senior officer will normally arrange to visit or telephone you for an informal discussion of your complaint.
Informal resolution
The informal resolution process gives you the chance to discuss your complaint with a senior officer. The senior officer will listen to you and may be able to explain why the officer you have complained about took a certain course of action.
This may clarify the situation, and you might be satisfied with the explanation. If you are satisfied and don’t wish to take the complaint any further you will be asked to sign a piece of paper recording that you agree the complaint has been resolved.
Formal resolution
In some cases the complaint will be investigated further. For example, if:
The report of the investigation will be given to the Deputy Chief Constable of the police force concerned. After considering the report he, or she, must decide what action to take. Options include:
The Area Procurator Fiscal is the independent body which investigates allegations of criminal conduct in the public interest. The case will be re-investigated, including interviewing those involved and any witnesses again.
As a result the Area Procurator Fiscal will decide whether to contact the Crown Service to start criminal proceedings.
If the case is not referred to the Crown Office, the police force involved may still chose to start internal disciplinary procedures for police misconduct.
Police Complaints Commissioner
All of the above decisions and referrals, following the informal resolution interview, are made by the police team investigating your complaint.
If you are unhappy with the way the police investigation is handled, then you can complain to the Police Complaints Commissioner for Scotland.
It is important to understand that the commissioner will only investigate how the complaint was dealt with not the actual complaint. He can tell the police force to reconsider a complaint, but he won't make a decision about the truth of the complaint himself.
If the Police Complaints Commissioner believes the complaint involves a criminal offence, then he will refer it to the Area Procurator Fiscal.
This process of looking at the police investigation can take up to a year, depending on the case. You will be informed of the outcome and any further actions to be taken.
If you are unhappy with the decision of the Police Complaints Commissioner, then you must find a solicitor and take your case to court. Talk to the Citizen's Advice Bureau for more information.
Malicious complaints
Anyone who knowingly makes a false complaint about a police officer may be prosecuted by the Procurator Fiscal. They may be liable to civil action by the officer complained about.
6. Making a complaint in Northern Ireland
In Northern Ireland the Office of the Police Ombudsman is always responsible for dealing with complaints about the police. Complaints cannot be dealt with by the police force directly. You can make a complaint at a local police station, but it will be first passed on to the Ombudsman.
The Ombudsman will then decide whether the complaint should be processed informally or formally. Only with the approval of the Ombudsman and with your consent, will a complaint then be referred back to the police force concerned. It can then be resolved informally.
The Office of the Police Ombudsman for Northern Ireland has a detailed online guide How to complain.
7. Should you complain or should you sue?
If your complaint is serious you may wish to sue the police. You can sue the police in the same way that you can sue members of the public. If you want to sue the police you should talk to a specialist solicitor.
The advantages are that you might win large amounts of compensation, the case will be argued in public and the actions of the police officer will be held publicly accountable. You will also have more control of the case, in that you and your advisers can decide which witnesses to call, evidence to lead and so forth.
Many lawyers advise against making an official complaint if a civil action is intended. The reason is they believe a complaint might compromise their ability to pursue the case effectively. Once a civil case is over, however, it is still possible to bring a complaint if no satisfactory result has been reached.
To ensure a good relationship between the police and the public it's important that there's a fair and thorough system for complaining. Officers follow clear codes of practice and if you feel that these codes of practice have been broken, you can make a complaint.
1. What you can complain about
You can complain if you have been a victim of police misconduct or if you've witnessed police misconduct. For instance, complaints can be made about police officers who:
- Neglect their duty
- Drink on duty
- Use racist behaviour or language
- Are involved in corrupt practices
- Use excessive force
Complaining can be time-consuming and difficult so think carefully before you make your complaint. Generally about 10% of complaints are upheld.
Police codes of practice
The codes cover every aspect of what the police can and can't do, and are available on the Home Office website's police pages and the Scottish Executive's information on police. There is also a more general Code of Conduct which lays down how police officers should behave at all times.
Complaints about overall policing policy
You may want to complain about police decisions or policies rather than any particular incident - for example, the approach to policing protests or local events, such as a fete or concert.
For this kind of complaint you should address your letter to your local political representative, such as your MP, MSP, AM or MLA.
The following sections cover the complaints system in England and Wales. The complaints system in Scotland is covered in section five. The system in Northern Ireland is covered in section six
2. How to make a complaint in England and Wales
If you feel the police have treated you unfairly and you want to complain, you must begin by submitting your complaint in writing (by post or online) or in person at the police station.
In person
You should go to your local police station and ask to meet the senior officer on duty, probably an inspector or sergeant. You can then make your complaint directly to them.
Writing a letter
You should address your letter of complaint to the Chief Constable of the police force concerned, or to the Commissioner of Police if the complaint relates to London Metropolitan police officers.
You can also call, email, complete an online form or write directly to the Independent Police Complaints Commission who will pass the complaint on to the relevant police force.
You should include details about:
- What happened
- When it happened
- Who was involved
- What was said or done
- The names of any witnesses, other than yourself and the officer
- Where the witnesses can be contacted
- What proof, if any, exists of any damage or injury
Getting help
You can get advice on how to complain from your local Citizens' Advice Bureau, Neighbourhood warden, youth offending team or probation service.
You can also ask someone else to make a complaint on your behalf, such as a friend, neighbour, solicitor, political representative or advisor from a Citizens’ Advice Bureau or law centre. You will need to give them a signed note authorising them to do this.
You may want some legal advice before you complain, especially if the matter is serious. A solicitor or Citizens’ Advice Bureau adviser can explain your best course of action.
The Independent Police Complaints Commission has a guide on How to make a complaint, available in 14 languages including Welsh
3. What happens next?
Once you have sent the letter or online form or visited the police station, you will be invited for an interview at the police station with a police officer who has been appointed to look into your complaint.
You can take a friend or solicitor with you to interviews. If you have been injured you may also be asked to attend a medical examination.
If the case is serious it will be referred to the Independent Police Complaints Commission by the police. If not, it will go through the ‘local resolution’ process.
Local resolution
Resolving a complaint locally is often quick and flexible. You explain your concerns and the police staff involved will explain their actions and perhaps offer an apology. If you’re satisfied that this is enough to resolve the issue, no further steps will be taken
4. Formal complaints investigation process
An investigation is set up if the allegation is serious, or if you reject the local resolution process. They are normally conducted by the police force in question under the supervision of the Independent Police Complaints Commission.
The officers carrying out the investigation will work for an internal department called either the Complaints and Discipline Department or the Professional Standards Department.
For more serious complaints the investigating officer will be from another police force. The investigating officer should have no connection with the incident or the officer you are complaining about.
In very serious cases, such as when someone dies or is seriously injured following contact with the police, the IPCC will conduct the investigation itself. The IPCC website has more information on IPCC investigations.
It can often take a long time to complete these investigations, usually up to six months or more, but you have the right to be kept informed about the investigation’s progress and outcome.
The investigation might conclude that:
- There’s not enough evidence to uphold your complaint
- Procedures need to be improved or changed
- Disciplinary action needs to be taken
- The Crown Prosecution Service should get involved if there’s enough evidence to bring criminal charges against police officers
- A warning to the officer involved
- A formal caution
- Loss of pay
- Loss of rank
- Dismissal or a requirement to resign
Independent Police Complaints Commission
If you’re not happy with the resolution of your complaint, you have the right to appeal to the Independent Police Complaints Commission (IPCC) within 28 days. The IPCC will conduct an investigation into your complaint if you:
- Are not satisfied with how your complaint was recorded
- Feel the local resolution wasn’t carried out properly
- Rejected to local resolution but there was no further investigation
- Haven’t been kept well informed during the investigation process
- Are not happy with the outcome of your complaint or disagree with actions the police will take as a result
There is no right of appeal against an investigation conducted by the IPCC, to continue pursuing your complaint you must find a solicitor and take your case to court. Talk to the Citizen's Advice Bureau for more information.
Malicious complaints
Remember that if you make a false complaint you may risk being prosecuted for defamation, libel, or for wasting police time.
5. Making a complaint in Scotland
The system in Scotland is similar to the system in England and Wales, but involves a number of different public bodies.
You must first make your complaint to the police force involved. Make your complaint in writing or in person at any police station in Scotland.
Alternatively, you can ask a solicitor, MSP or local councillor to take the matter up with the Chief Constable on your behalf.
If you believe that a criminal offence has been committed by a police officer on duty then you can also complain directly to the Area Procurator Fiscal who will pass the complaint on to the relevant police force.
You should include details about:
- What happened
- When it happened
- Who was involved
- What was said or done
- The names of any witnesses, other than yourself and the officer
- Where the witnesses can be contacted
- What proof, if any, exists of any damage or injury
The Crown Office and Procurator Fiscal Services has a guide on How to make a complaint, available in 7 languages.
After you have sent the letter, a senior officer will normally arrange to visit or telephone you for an informal discussion of your complaint.
Informal resolution
The informal resolution process gives you the chance to discuss your complaint with a senior officer. The senior officer will listen to you and may be able to explain why the officer you have complained about took a certain course of action.
This may clarify the situation, and you might be satisfied with the explanation. If you are satisfied and don’t wish to take the complaint any further you will be asked to sign a piece of paper recording that you agree the complaint has been resolved.
Formal resolution
In some cases the complaint will be investigated further. For example, if:
- You are not happy with resolving the complaint informally
- The complaint alleges criminal conduct
The report of the investigation will be given to the Deputy Chief Constable of the police force concerned. After considering the report he, or she, must decide what action to take. Options include:
- Deciding that no further action is needed
- Dealing with the officer according to police misconduct procedures
- Referring the case to the Regional Procurator Fiscal, if it seems the officer has broken the law
The Area Procurator Fiscal is the independent body which investigates allegations of criminal conduct in the public interest. The case will be re-investigated, including interviewing those involved and any witnesses again.
As a result the Area Procurator Fiscal will decide whether to contact the Crown Service to start criminal proceedings.
If the case is not referred to the Crown Office, the police force involved may still chose to start internal disciplinary procedures for police misconduct.
Police Complaints Commissioner
All of the above decisions and referrals, following the informal resolution interview, are made by the police team investigating your complaint.
If you are unhappy with the way the police investigation is handled, then you can complain to the Police Complaints Commissioner for Scotland.
It is important to understand that the commissioner will only investigate how the complaint was dealt with not the actual complaint. He can tell the police force to reconsider a complaint, but he won't make a decision about the truth of the complaint himself.
If the Police Complaints Commissioner believes the complaint involves a criminal offence, then he will refer it to the Area Procurator Fiscal.
This process of looking at the police investigation can take up to a year, depending on the case. You will be informed of the outcome and any further actions to be taken.
If you are unhappy with the decision of the Police Complaints Commissioner, then you must find a solicitor and take your case to court. Talk to the Citizen's Advice Bureau for more information.
Malicious complaints
Anyone who knowingly makes a false complaint about a police officer may be prosecuted by the Procurator Fiscal. They may be liable to civil action by the officer complained about.
6. Making a complaint in Northern Ireland
In Northern Ireland the Office of the Police Ombudsman is always responsible for dealing with complaints about the police. Complaints cannot be dealt with by the police force directly. You can make a complaint at a local police station, but it will be first passed on to the Ombudsman.
The Ombudsman will then decide whether the complaint should be processed informally or formally. Only with the approval of the Ombudsman and with your consent, will a complaint then be referred back to the police force concerned. It can then be resolved informally.
The Office of the Police Ombudsman for Northern Ireland has a detailed online guide How to complain.
7. Should you complain or should you sue?
If your complaint is serious you may wish to sue the police. You can sue the police in the same way that you can sue members of the public. If you want to sue the police you should talk to a specialist solicitor.
The advantages are that you might win large amounts of compensation, the case will be argued in public and the actions of the police officer will be held publicly accountable. You will also have more control of the case, in that you and your advisers can decide which witnesses to call, evidence to lead and so forth.
Many lawyers advise against making an official complaint if a civil action is intended. The reason is they believe a complaint might compromise their ability to pursue the case effectively. Once a civil case is over, however, it is still possible to bring a complaint if no satisfactory result has been reached.
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