How do I make a complaint against the police? - Liberty (2024)

You can complain about the police

Do you think you’ve been treated wrongly by the police or by someone who works for them?

Have the police:

• been rude or aggressive to you?
• arrested you unlawfully?
• treated you badly in custody?
• acted inappropriately to you?
• acted inappropriately to someone else in front of you?
• done anything else that you think is unlawful?

If so, you can make a complaint. You can also make a complaint for someone else if you are their parent or guardian and they are aged 16 or under. You can even make a complaint for anyone you think has been treated wrongly, as long as you have their written consent.

You may also be able to bring legal action against the police.

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Complaints about police investigations

You may want to make a complaint about how the police investigated a reported crime. This could be about a police decision not to investigate or the way they investigated.

In general, police do not have to investigate all crimes reported to them. Whether a crime needs to be investigated depends on several factors:

1. How vulnerable the victim is (are they in danger)
2. How serious the crime is
3. How likely the police are to solve it
4. Whether investigating it is the best use of resources.

For more information on when the police’s duty to investigate, see our page ‘How should the police treat us?’

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Ways to make your complaint

There are two ways you can make a complaint.

1. Complain directly to the police force.

To do this you can:

• write a letter to the police force and post it or deliver it yourself to the police station
• go on the website of the police force you want to complain about and use their complaint form. Find a list of police force websites here.

2. Complain through the Independent Office for Police Conduct (IOPC)

You can complain this way in England and Wales. This will make sure your complaint gets to the right people. To do this you can:

• use the “Complain to the force directly” drop-down tool on the IOPC website to select the relevant local police force. This will take you directly to their complaints form.
• use the IOPC’s online complaint form.

If you prefer, you can also download a copy of your completed IOPC complaint form in PDF or Word format and either:

• post it to: IOPC, PO BOX 473, Sale M33 0BW
• email it to: [email protected].

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Getting help with your complaint

If you would like help with your complaint, you have several options.

1. Ask your MP to make the complaint on your behalf. This is free to do. But remember that MPs are very busy and it may take some time. Find more information on how to contact your MP.
2. Contact a solicitor. They can deal with the IOPC or the relevant police force. You will likely have to pay the solicitor for this service.
3. Ask for advice at your local Citizens Advice or Law Centre.

What happens after you make a complaint?

You can expect a quick reply to tell you how your complaint will be handled. If you don’t receive a quick reply, you should contact them for an update.

If you complain directly to the police force, they have to refer some matters to the IOPC. These include:

• allegations of serious corruption
• allegations that police officers or staff have committed misconduct – for example, allegations that the police have committed a criminal offence, seriously injured or assaulted someone
• contact with the police that may have caused or contributed to a death or injury.

Recorded complaints

Recorded complaints are complaints that require the police to follow formal rules when they deal with it.

The police don’t have to record all complaints. They often try to deal with complaints informally (like over the phone). However, you can always ask for your complaint to be recorded. You can ask for this in your initial written complaint. This will mean the police force must record it.

The police must always handle recorded complaints in areasonable and proportionateway. This means they should look carefully at what you say happened in your case.

Depending on how serious your complaint is, the police may deal with it in different ways. If they think they can sort out your complaint directly, they will contact you with their suggestions.

Police investigations following a complaint

If your complaint is recorded and they decide more information is needed, they may launch an investigation. You will be given details about this and how they will reach a decision. The police force must update you at least once every 28 days.

When the investigation is complete, you will be told:

• the outcome of the investigation
• if they will take action will be taken and what this will be
• about your right to apply for a review

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Ask for the complaint to be reviewed

You can ask for the police to review your complaint if you’re not happy with how they dealt with it.

When the police write to tell you of the outcome of your complaint, they should also tell you about your right of review and who the appropriate review body is.

What is a police review

This ‘right of review’ means you can appeal if you are not happy with the outcome.

You must apply for your review within 28 days from the day after the date on the letter explaining the outcome of your complaint. This deadline can sometimes be extended if the review body thinks it is fair to do so.

The IOPC website has more information on what you can and can’t apply for a review about. This includes an online form and guidance on how to apply for a review.

What happens after I apply for a review?

If the review body accepts your review application, it will only look at how the police handled your complaint or the outcome of the complaint, and whether this was reasonable and proportionate. It will not investigate the original complaint.

The review body will send you a letter to acknowledge your review and let you know how long it is likely to take to consider your appeal.

Once they’ve carried out the review they will tell you their decision. This will include information on how they reached that decision.

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Bring legal action

You can take the police to court depending on what happened.

Request a judicial review

If you are not happy with the way your complaint has been handled, you could look at a judicial review request.

Judicial review is a type of legal challenge that you can bring against a public authority, including the police. It’s where you ask a judge to look at the lawfulness of the police or IOPC decision, action or inaction. The judge looks at the way they made the decision, not the decision itself.

You must bring a judicial review as soon as you can, and no later than 3 months of the decision, action or inaction you want to challenge. See our page on judicial review for more information.

We strongly advise getting a lawyer if you are thinking about bringing a judicial review. Our page ‘I need a lawyer’ has information on free legal advice, on how to find a lawyer and funding your case.

Make a claim against the police

You could bring a civil claim based on the same facts as your complaint. You can make both a civil claim and a complaint.

A civil claim involves taking legal action against the police in court. The reason for the civil claim needs to be serious enough to bring a court claim.

There are time limits for civil claims for different types of civil claims.

For Human Rights Act claims, you must bring a claim within 1 year of the alleged violation, unless the Court decides it is fair for the claim to be brought later than this. See our page Human Rights Act claims for more information.

Outcomes for a successful civil claim can include:

• an apology
• a declaration that your rights were breached
• financial compensation.

We strongly advise getting a lawyer if you are thinking about bringing a civil claim. Our page ‘I need a lawyer’ has information on free legal advice, on how to find a lawyer and funding your case.

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These organisations may be able to help

StopWatch

StopWatch is the leading independent voice on stop and search and disproportionate policing. You can use their guide for making complaints against the police.

Law Centres Network

Law Centres are charities which offer legal advice, casework and representation to individuals and groups within their local communities. Law Centres Network itself does not give advice, but can help you find your nearest Law Centre.

• Telephone (general enquiries no advice): 020 3637 1330
• Email: [email protected]
• Address: Law Centres Network, 1 Lady Hale Gate, Gray’s Inn, London WC1X 8BS

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Other pages you might find useful

• All our information on the police
• How should the police treat us? Information on the police’s Professional Standards of Behaviour
• Information for disabled people who wish to complain about the police
• What happens during a stop and search?
• All our information on protest

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