Police standards: Handling casework involving complaints about the police
This article helps Members and their staff to understand the police complaints system, including information to help with handling casework involving complaints about the police.
A member of the public can make a complaint if they are dissatisfied with the police. A complaint about the police must usually relate to specific behaviours by police officers or force-wide policies.
There is limited scope for complainants to challenge the outcome of a police criminal investigation through the police complaints system. In some cases, complainants might instead be eligible for the Victims’ Right to Review Scheme (see below).
How people can make complaints and rights to a complaint reviewIn most areas, all complaints are handled initially by the police force’s professional standards department. These are specialist units in each police force responsible for investigating alleged police misconduct and criminality. Complaints can also be submitted to the Independent Office for Police Conduct (IOPC) but these will be automatically referred to the relevant professional standards department for initial handling.
In a few areas, local policing bodies (police and crime commissioner, or deputy mayor for policing and crime) log police complaints. This is currently the case in Hertfordshire, Wiltshire, Northamptonshire, Cleveland and North Yorkshire police force areas.
Professional standards departments must decide whether to formally record and investigate a complaint or otherwise seek an informal resolution. It must refer the most serious allegations of misconduct (including allegations of criminal offences or corruption) to the IOPC, which will decide whether it will investigate the matter or refer it back to the professional standards department to deal with.
If recorded and investigated, complaints can result in a range of outcomes, from no further action to disciplinary proceedings. The police must inform the complainant of the outcome.
Complaint reviewsIf a complainant is dissatisfied with the outcome of an investigation conducted by the professional standards department they can request a complaint review. A complaint review will consider whether a complaint was handled appropriately. Most complaint reviews are conducted by the office of the police and crime commissioner. Complaint reviews must be applied for within 28 days of the outcome of the initial complaint.
There is no way to challenge the outcome of a complaint review. The only further option would be judicial review, a process for challenging the lawfulness of decisions made by public bodies. Judicial review is a complex and expensive process and anyone considering this course of action should seek specialist legal advice.
There is no way to request a review of a complaint that has been investigated by the IOPC. The only way to challenge this would be through judicial review.
Further information is available in the:
- Commons Library Briefing A short guide to police complaints which provides an overview of how the police complaints system works
- IOPC Statutory guidance on the police complaints system which provides detailed information on the interpretation and application of the legislation
Decisions on whether and how to investigate specific reports of crime are operational matters for the police. There is no general duty for the police to investigate every crime reported to it.
The only formal route for a victim to appeal the outcome of a police investigation is the police Victims’ Right to Review Scheme.
This is only available in limited circumstances, specifically where a suspect has been arrested and interviewed in relation to the offence but the police have decided not to charge them or apply to the Crown Prosecution Service (CPS) for a charging decision. Most applications must be made within three months of the relevant police decision.
The CPS also operates a Victims’ Right to Review Scheme, which enables victims to seek a review of certain CPS decisions not to start a prosecution or to stop a prosecution.
The Victims’ CodeThe Code of Practice for Victims of Crime (the victims’ code) is statutory guidance that sets out the minimum standard of services that criminal justice agencies must provide to victims of crime in England and Wales.
These standards are arranged into 12 ‘rights’ that all victims of crime are entitled to throughout the process of reporting a crime and any subsequent criminal investigation and trial.
If someone believes their rights under the victims’ code have not been met, the code gives the right to make a complaint (right 12). A victim must complain to the police first (if they think any of their rights have not been met. If they are dissatisfied with the response to their complaint, they can refer their complaint to the Parliamentary and Health Service Ombudsman (PHSO). More information on this process is provided by the PHSO on its website.
Further information is available through the:
- Victim Support website which provides an overview of how the Victims’ Code works
- The CPS’ Victims Guide guidance which includes information to help victims navigate the criminal justice system and understand their rights.
Someone can also take civil action against the police to claim compensation if they believe they have done something wrong. Anyone considering this course of action should seek legal advice. In the first instance, they could speak to Citizens Advice, who could provide initial free advice. If they wish to take a case forward they should seek specialist legal advice. There are solicitors who specialise in taking action against the police and can be found easily via an online search. The Library briefing legal help: where to go and how to pay may also be of use.
DisclaimerThe Commons Library does not intend the information in this article to address the specific circumstances of any particular individual. We have published it to support the work of MPs. You should not rely upon it as legal or professional advice, or as a substitute for it. We do not accept any liability whatsoever for any errors, omissions or misstatements contained herein. You should consult a suitably qualified professional if you require specific advice or information. Read our briefing for information about sources of legal advice and help.
About the authors: Greg Oxley and William Downs are researchers at the House of Commons Library
Photo by: Filip Patock, via Flickr