Understanding Police Misconduct and Complaints
Police misconduct refers to situations where a police officer acts outside the law, fails to follow proper procedures, or treats someone unfairly. This can include a range of behaviours, such as using excessive force, being rude or abusive, discriminating against someone, or failing to carry out duties properly. Examples of police misconduct might involve wrongful arrest, inappropriate language, or ignoring a complaint of crime.
If you believe you have been treated unfairly or improperly by the police, it is important to make a complaint. Doing so not only helps address your own concerns but can also improve police standards and accountability for everyone.
When you make a complaint, you have certain rights. For instance, you are entitled to be treated with respect, to have your concerns taken seriously, and to receive information about the progress and outcome of your complaint. The process is designed to be accessible to everyone, whether you are making a complaint about your own experience or on behalf of someone else.
Complaints about police behaviour are usually handled by the police force involved, but in serious cases, they may be referred to independent bodies for investigation. Understanding police powers and role can help you know what to expect during your interactions and whether an officer’s actions were appropriate. The main organisations involved in handling police complaints include the relevant police force’s Professional Standards Department and, in some cases, independent oversight bodies.
Taking the step to raise a complaint can help ensure fair treatment and uphold the standards expected of the police.
How to Make a Police Complaint
If you believe a police officer or staff member has acted improperly, you have the right to make a complaint. You can do this online, in person at a police station, or by sending a letter. When making your complaint, it’s important to include clear details about what happened, when and where the incident took place, and the names or badge numbers of those involved if possible. Complaints should generally be made within 12 months of the incident, although there are exceptions in certain circumstances.
After you submit your complaint, the police force or an independent body will review your case and let you know what to expect next. The process is guided by the Police Reform Act 2002, which sets out your rights and how complaints must be handled.
For a step-by-step breakdown of how to report police misconduct, including practical tips and what happens after you submit your complaint, see our detailed guide on making a police complaint.
What to Expect During the Investigation
When you make a complaint about police misconduct, your case will usually be investigated either by the police force involved or, in more serious cases, by an independent body such as the Independent Office for Police Conduct (IOPC). The investigation will follow set procedures outlined in the Police Reform Act 2002 and the relevant police complaints regulations.
During the investigation, the officers or investigators will gather evidence, interview witnesses, and review relevant documents. In some situations, information about the investigation may be shared with your family – learn more about police disclosure to family and what this might mean for you.
Possible outcomes of an investigation include: no action (if the complaint isn’t upheld), informal resolution, disciplinary action, or, in rare cases, criminal charges against the officer involved. You have the right to be kept informed about the progress of your complaint and to receive a clear explanation of the outcome.
Investigations should be completed as quickly as possible, often within a few months, but complex cases can take longer. If you feel the process is taking too long or you’re not receiving updates, you can ask for a progress report or raise your concerns with the body handling your complaint.
For more detailed guidance on your rights and next steps if you’re unhappy with the outcome, explore the related topics on this page.
If You Are Unhappy With the Complaint Outcome
If you are not satisfied with the outcome of your police complaint, you have several options to challenge the decision or seek further action.
First, you can request a review of the decision if you believe your complaint was not handled properly or fairly. The process for challenging a complaint decision is set out in the Police Reform Act 2002 and related guidance. This may involve asking the police force itself or an external body to reconsider the outcome, depending on who handled your original complaint.
If you remain unhappy after this step, you may consider escalating to the Independent Office for Police Conduct (IOPC). The IOPC oversees the police complaints system in England and Wales and can investigate the way your complaint was dealt with, particularly in cases involving serious misconduct or where you believe the initial investigation was inadequate.
In some cases, if the complaints process does not resolve your concerns, you might want to explore civil claims for police misconduct. This involves taking legal action in court, such as for wrongful arrest, unlawful detention, or excessive use of force.
You may also be entitled to compensation for police wrongdoing if you have suffered harm or loss as a result of police actions. Compensation claims can be made alongside or instead of making a formal complaint, depending on your circumstances.
Each option has specific rules and time limits, so it’s important to act promptly and seek advice if you are unsure about your next steps.
Additional Support and Related Issues
If you experience police misconduct, there are steps you can take beyond making a formal complaint. For practical guidance on next actions, see what to do about police misconduct.
Support is available if you have faced abuse or unfair treatment by police. Specialist organisations offer confidential advice and refuge, especially if your situation involves domestic abuse – find more information about support services for abuse victims.
Knowing your rights during police interactions is crucial. If you are arrested, you are protected under the Police and Criminal Evidence Act 1984 (PACE). Learn more about your rights during arrest. If you are stopped and searched, police must follow specific procedures – see stop and search by police: your rights. For concerns about police home visits, police interviews and statements, police seizure of your property and evidence, or search and entry of premises, it’s important to understand the rules that apply and how to challenge any potential misconduct.
If you believe your personal data has been misused or handled unlawfully by the police, you can consider reporting data misuse to the Information Commissioner’s Office (ICO).
When the police seize your property, they must follow strict legal guidelines. If you think a seizure was wrongful or unlawful, you may be entitled to compensation for police seizure. For a detailed explanation of police powers and your rights regarding property searches and seizures, visit Compensation for Property Seizure.
By understanding your rights and the support available, you can take informed steps if you experience or witness police misconduct.
