Independent Police Complaints Commission
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) was set up to make sure that complaints about the police are dealt with effectively in England and Wales.
The IPCC sets standards for the way local each police force handles complaints. If you are not happy with the way your complaint has been dealt with locally, you can appeal to the IPCC. The IPCC will also take responsibility for investigating the most serious incidents, especially where someone has died, or where there are allegations of serious assault, sexual assault or corruption by a member of the police service.
Complaints about the police in Northern Ireland are dealt with by the Police Ombudsman (NI).
Complaints about the police in Scotland are dealt with by the Scottish Police Complaints Commissioner.
Complaints about prisons and the Probation Service are dealt with by the Prisons and Probation Ombudsman.
The IPCC also deals with complaints about conduct of staff in the Serious Organised Crime Agency (SOCA), HM Revenue and Customs (HMRC) and, since February 2008, the UK Border Agency.
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. There are details of what is expected of police officers on the Independent Police Complaints Commission website. Appropriate behaviour includes:
- acting with honesty and integrity
- treating members of the public and their colleagues with respect
- acting with fairness and impartiality
- only using reasonable and proportionate force
- 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.
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.
Most complaints should first of all go to your local police force. There are a number of ways you can make that complaint:
- you can complain directly by phone, email, post, fax or in person
- You can contact your local CAB, Youth Offending Team, probation service or neighbourhood warden
- You can ask a friend, advisor, solicitor or MP to complain on your behalf
- You can complain to the IPCC directly – but unless your complaint is about a serous incident, they will pass it on to the local police force to deal with it
The local police have two options:
- If you agree, the complaint can be dealt with through ‘local resolution’
- If you are not happy with this, you can ask for the local police to investigate your complaint
There are details of these options and what they might mean on the Independent Police Complaints Commission website.
You can appeal to the IPCC for three reasons:
- The local police refuse to record your complaint
- The local police did not follow the local resolution process they agreed with you
- You are unhappy with the local police investigation into your complaint
Serious complaints go straight to the IPCC – either because you take your complaint straight there, or because the local force refers the complaint to the IPCC. The local police must refer the following incidents to the IPCC:
- 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 can investigate these issues even if a complaint has not been made.
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When can a complaint be made?
There is no time limit for making a complaint about the police, but it is a good idea to make the complaint as quickly as possible. If you complain more than 12 months after the incident took place, then the local police force can ask the IPCC for permission to dispense with the complaint without looking into it. The IPCC will make an exception if there is a good reason why there has been a delay in making the complaint.
An appeal to the IPCC if the local police refuse to record your complaint must be made within 28 days of hearing their decision.
An appeal 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 local police should inform you within 10 working days whether they have recorded your complaint. If they do not, you can complain to the IPCC.
During the year 2008-09, the IPCC dealt with appeals against local resolutions in 21 days, appeals against non-recording of complaints in 22 days, and more complex appeals in 38 days.
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Procedure
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 four levels of complaint:
- local resolution
- a police investigation by the local police force supervised by the IPCC
- a managed investigation by the local police force under the direction or control of 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.
In the year 2008-09, the IPCC received 2445 cases referred by police, of which:
- 106 went to independent investigation
- 117 went to investigation by the police but managed by the IPCC
- 167 went to local investigation supervised by the IPCC
In addition, 45 cases were referred by HMRC, 20 by SOCA and 10 by the UK Border Agency.
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 Independent Police Complaints Commission website.
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December 2009
