2.Main Content
Independent Police Complaints
This page contains information on the Independent Police Complaints Commission, including:
What it does
Advantages and disadvantages
Which complaints are eligible?
When can a complaint be made?
Cost
Timescale
Procedure
Outcomes
What it does
The Independent Police Complaints Commission (IPCC) has overall responsibility for the system of complaints against the police in England and Wales. The IPCC replaced the Police Complaints Authority (PCA) on 1 April 2004 and is independent of the government and police. It has stronger powers than the old PCA to initiate, carry out and oversee investigations into complaints or allegations of misconduct and is also responsible for monitoring the way complaints are handled by local police forces.
The IPCC differs from the old Police Complaints Authority in its independence and its powers to run, manage and supervise investigations. The IPCC’s eighteen independent commissioners, by law, cannot have worked for a police force. IPCC investigators also have greater powers of investigation and rights of access to police premises, documents and information. For the first time, a person making a complaint can appeal to the IPCC if they feel they have not been given sufficient information by the police or if they are unhappy with the outcome of an investigation by the police.
Complaints about the police in Northern Ireland are dealt with by the Police Ombudsman (NI). In Scotland, there is no independent ADR mechanism for these disputes; complaints about police are dealt with by the Scottish Prison Complaints Commissioner.
Complaints about prisons and the Probation Service are dealt with by the Prisons/Probation Ombudsman.
Advantages
- it is independent of the police and government
- people other than victims can make a complaint
- there is no cost for complainants
Disadvantages
- it can’t deal with claims for compensation from the police
- it cannot contest a caution, a fixed penalty or an ASBO
- it cannot revisit police decisions about criminal matters
- as with all ombudsman schemes, an investigation can take a long time
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Which complaints are eligible?
The IPCC can deal with complaints relating to any police officer (irrespective of rank) or police staff member, including:
- special constables
- police support staff
- community support officers
- contracted escort and detention officers
The police code of conduct sets out how all police officers and staff should behave. This includes:
- acting with honesty and integrity
- treating members of the public with respect
- not abusing the extraordinary powers and authority which police officers are granted
- acting in a manner that does not undermine public confidence in the police
If you think that any police officer or member of staff has broken this code, you can make a complaint.
Unlike the former Police Complaints Authority, the IPCC can ‘call in’ and investigate a case whether or not an actual complaint has been raised. Regulations set out incidents that the police must refer to the IPCC, even if no complaint has been made, such as:
- deaths following police contact
- fatal road accidents involving a police vehicle
- any incident where a member of the public has sustained serious injury
- use of a firearm by an officer on duty
- allegations of aggravated discriminatory behaviour
- allegations that an officer has committed a serious arrestable offence while on duty
The IPCC has an important role in overseeing the way that local police forces handle complaints - this is its ‘guardianship’ role. As with most ombudsman type schemes, you are encouraged to make your complaint to the local organisation first. If you are not happy with the way the local police force deals with the complaint, you can ask the IPCC to investigate how your complaint was handled locally. You can complain if your local police force reuses to record a complaint, doesn’t follow the local resolution process appropriately, or if you are unhappy with the outcome of the local investigation.
You can also choose to take your complaint straight to the IPCC if you prefer. However, they have a duty to refer all the information to the local police force first, to give them the opportunity to investigate and deal with the complaint.
People other than victims can make a complaint. If you were present when the alleged incident happened and were ‘adversely affected’, or if you are distressed as a result of a friend or relative being badly treated by the police, you can make a complaint yourself. You can also make a complaint on behalf of someone else, if they give you written permission. You can’t complain to the IPCC if you are affected by seeing something on TV or reading about it in the media.
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When can a complaint be made?
Anyone can make a complaint under the new system as long as the complaint has not been made before under the old system (before April 2004). The IPCC has discretion whether to deal with a complaint that relates to an incident that occurred over 12 months ago.
Appeals to the IPCC that the police have decided not to record a complaint must be made within 28 days of receipt of the letter from the police stating that the complaint has not been recorded.
Complaints to the IPCC about the police’s failure to follow the correct procedures in the local resolution process must be made within 28 days of the failure.
A complaint about the outcome of an investigation must be made to the IPCC within 28 days of receipt of the letter from the police stating the outcome of the investigation.
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Cost
There is no charge to complainants.
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Timescale
The IPCC recommends that the police force informs complainants of the decision to record or not record a complaint within ten days.
The local resolution process should ideally be concluded within 28 days of the complainants agreeing to it.
IPCC investigations are still taking longer than their target times, partly because of the number of complaints being made under this system. The IPCC aims to complete investigations within 157 working days. However, over the last year (2006-07) independent investigations have taken an average of 183 working days. Managed investigations (where the IPCC supervises the local force’s investigation) have taken an average of 158 working days. The IPCC aims to complete 80% of its appeals about the way a local force has handled a complaint within 20 working days. However, over the last year, only 20% have been completed within this time.
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Procedure
Complaints can be made by:
- contacting the police force or police authority in question
- contacting the IPCC
- through a Citizens Advice Bureau; the Commission for Racial Equality; a Neighbourhood Warden Service; the National Probation Service; a solicitor or MP; or a nominated person with the complainant’s consent
All complaints must be recorded by the police force in question. If a complaint is not recorded, the complainant can appeal to the IPCC.
Local resolution
All police forces should have a procedure for local resolution of disputes. The IPCC encourages this form of resolution where appropriate, as it provides the opportunity for a complainant to explain his or her concerns to the local police, and for the police to respond. Individual police forces have their own practices and methods for local resolution of complaints and should inform complainants of this process when they record a complaint. If the local police refuse to record a complaint, then you can complain to the IPCC. If you think that the local police do not follow their own complaints procedure correctly, again you can appeal to the IPCC.
There are therefore three levels of complaint:
- a local resolution
- a police investigation managed or supervised by the IPCC
- an independent investigation by the IPCC
For the most serious issues, such as the death or serious injury of a member of the public, the IPCC are required to immediately open an independent investigation.
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Outcomes
Among the outcomes of both local resolution and other types of investigation are:
- an apology by the police force
- an explanation
- a change in policy or procedure
- a referral to the Crown Prosecution Service
- a recommendation that disciplinary action be taken
In local resolution, an apology can be given on behalf of the police force but not on behalf of an individual officer, without the individual officer’s consent. Any statement or apology made by an officer in the local resolution process cannot be used against the officer in criminal, civil or disciplinary procedures. The IPCC can refer a case to the Crown Prosecution Service if it believes that an officer should be prosecuted. In certain circumstances, it can also present a case at a disciplinary hearing if it believes that disciplinary action is appropriate. If it is decided that disciplinary action is necessary, the action taken will depend on the individual’s terms and conditions.
Each year the IPCC publishes an annual report, with summaries of the cases it has investigated, and the outcomes of each case. It also holds regular meetings to discuss its work, which are open to the public to observe. For more information, visit the IPCC website (see below).
Appeals
There is no right of appeal about an investigation that has been managed or independently investigated by the IPCC, or about the outcome of the local resolution process.
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September 2007
Key websites
Independent Police Complaints Commission
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