Understanding Police Complaints and Your Rights
When you make a complaint about the police, you have the right to expect that it will be taken seriously and handled fairly. A police complaint is a formal way to raise concerns about the conduct, actions, or decisions of police officers or staff. You might choose to challenge a complaint decision if you feel the investigation was incomplete, the outcome was unjust, or your concerns were not properly addressed.
Before you begin the process of challenging a decision, it’s important to understand how making a police complaint works. This knowledge can help you identify whether the correct procedures were followed and if your rights were respected throughout the process.
Your rights when making and challenging a complaint
As someone making a complaint, you are entitled to:
- Receive clear information about how your complaint will be handled.
- Be kept informed of progress and outcomes.
- Challenge the decision if you are dissatisfied with the way your complaint was investigated or resolved.
If you believe your complaint was not dealt with properly, you can request a review or appeal, depending on the type of complaint and the police force involved. In many cases, you have the right to ask for an independent review to ensure the process was fair and thorough.
Why understanding the complaint process matters
Knowing the steps involved in the police complaints process is crucial before you challenge a decision. Each police force follows set rules and guidelines, such as those in the Police Reform Act 2002 and the Police (Complaints and Misconduct) Regulations 2020. These rules are designed to ensure complaints are handled consistently and transparently. Familiarising yourself with these procedures can help you spot any errors or oversights in how your complaint was managed.
The role of the Independent Office for Police Conduct (IOPC)
The Independent Office for Police Conduct (IOPC) oversees the police complaints system in England and Wales. The IOPC is completely independent from the police and investigates the most serious cases, such as deaths following police contact or allegations of serious misconduct. If you are unhappy with how your complaint was handled by the police, you may have the option of escalating your complaint to the IOPC. The IOPC can review the way your complaint was investigated and, in some cases, carry out its own independent investigation.
Understanding your rights and the roles of the police and the IOPC will help you make informed decisions about challenging a complaint decision. If you decide to move forward, make sure you gather all relevant information, follow the correct procedures, and consider seeking further guidance if needed.
Reasons You Might Challenge a Police Complaint Decision
When you receive a decision about your police complaint, you may feel the outcome is unfair or that the investigation was not handled properly. There are several common reasons why people choose to challenge a complaint decision, and understanding these can help you decide on your next steps.
Unfair or Incomplete Investigation
One of the main reasons to challenge a complaint decision is if you believe the investigation was not thorough or impartial. For example, if the police failed to interview key witnesses, ignored important evidence, or did not take your account seriously, you may have grounds to question the fairness of the process.
Incorrect Findings or Conclusions
Sometimes, the outcome of a complaint does not seem to match the facts of the case. If you feel the decision is based on a misunderstanding of the events, or that the findings do not reflect the evidence you provided, this could be a valid reason to challenge the decision. This can include situations where the police have misinterpreted documents, overlooked CCTV footage, or relied too heavily on one side of the story.
Evidence Not Properly Considered
A fair investigation should consider all available evidence. If you believe that important documents, recordings, or witness statements were ignored or not properly assessed, this could point to a procedural error. Such oversights can have a significant impact on the outcome of your complaint.
Bias or Conflict of Interest
You have the right to expect that your complaint will be investigated impartially. If you suspect that the person handling your complaint was biased, had a conflict of interest, or was too closely connected to the officers involved, this could undermine the integrity of the process. Bias can be subtle, but it may be evident if, for example, the investigator dismisses your concerns without clear reasons or shows favouritism towards police colleagues.
Discrimination
If you believe that discrimination played a part in how your complaint was handled – whether on the grounds of race, gender, disability, or another protected characteristic – you can raise this as a specific issue. Challenging a decision on these grounds is particularly important, as discrimination can affect both the investigation and the outcome. For more information on your rights and steps you can take, see our guide on fighting discrimination by public authorities.
Procedural Errors
Police forces must follow certain rules and procedures when dealing with complaints. If these procedures were not followed – for example, if you were not kept informed about the progress of your complaint, deadlines were missed, or you were denied the opportunity to respond to new information – this could be grounds for a challenge.
How These Reasons Affect Your Options
The reason you wish to challenge the decision will influence the steps you can take. In many cases, you can ask for the decision to be reviewed by a different department within the police force, or escalate your complaint to an independent body. For the most serious or complex cases, you may be able to request a review by the Independent Office for Police Conduct (IOPC), which oversees police complaints in England and Wales and ensures investigations are conducted fairly and independently.
If you are unsure whether your situation qualifies for a challenge, or you want to know more about your options, it is important to review the official guidance and consider seeking advice. Understanding the specific reason for your challenge will help you prepare a stronger case and improve your chances of a successful outcome.
Steps to Challenge a Police Complaint Decision
Challenging a police complaint decision can feel daunting, but understanding the process can help you take effective next steps if you believe your complaint was not handled fairly or correctly. Here’s a step-by-step guide on how to challenge a decision, including tips for gathering evidence, understanding time limits, and knowing when to escalate your case.
1. Review the Decision Letter
When your complaint has been investigated, the police force will send you a decision letter. This letter should explain the findings, any action taken, and your rights to challenge the outcome. Read the letter carefully and note any deadlines for requesting a review or appeal.
2. Request a Review or Appeal Within the Police Force
If you disagree with how your complaint was handled, you usually have the right to request a review. The process depends on the nature of your complaint:
- Complaints handled locally: You can ask for a review by a different department within the same police force.
- Serious complaints: These may be referred to the Independent Office for Police Conduct (IOPC).
Your decision letter will specify who to contact and how to submit your request. Typically, you will need to outline why you believe the decision was wrong or the investigation was inadequate. Be clear and concise, referencing specific points from the decision letter.
3. Gather Evidence and Document Your Concerns
To strengthen your challenge:
- Keep all correspondence related to your complaint, including emails, letters, and notes from phone calls.
- Request additional information if needed. You have the right to request information from public authorities to support your case, such as copies of records, body-worn camera footage, or investigation reports.
- Write a detailed account of why you believe the outcome is unfair or incorrect. Include dates, names, and any supporting evidence.
4. Understand Time Limits and Procedural Requirements
Time limits for challenging a complaint decision are strict. You usually have 28 days from the date you receive your decision letter to request a review or appeal. Missing this deadline may mean you lose your right to challenge.
If your complaint involves discrimination or other legal issues, additional time limits may apply. For more details, see time limits and procedural requirements.
5. Escalate Your Complaint to the IOPC
If you are not satisfied with the police force’s review, or if your case involves serious misconduct, you may be able to escalate your complaint to the IOPC. The IOPC is an independent body that investigates the most serious complaints against the police.
To learn more about their role and how to submit a review, visit the Independent Office for Police Conduct (IOPC). They provide detailed guidance on eligibility, the application process, and what to expect from an independent review.
Taking these steps can help ensure your concerns are properly addressed. For more information on related topics, see our guides on making a complaint, escalating to the IOPC, or seeking compensation.
What to Do If You Are Still Unhappy After Challenging the Decision
If you have challenged a police complaint decision and are still unhappy with the outcome, there are further steps you can take to pursue justice or compensation. Understanding your options can help you decide how best to proceed.
Consider Making a Civil Claim Against the Police
If you feel the police acted unlawfully, you may have the right to bring a civil claim for damages. This is a separate process from the police complaints system and can cover issues such as wrongful arrest, false imprisonment, assault, or discrimination. To learn more about your options, see our guidance on making a civil claim for police misconduct.
If your complaint involves discrimination, you may also find helpful advice in the Liberty resource, "What can I do if the police discriminate against me?". This guide explains how to bring a civil claim against the police for misconduct and what steps to take if you believe your rights have been violated.
Seeking Compensation for Police Wrongdoing
If you have suffered harm or loss due to police actions, you may be entitled to compensation. This could include financial losses, emotional distress, or physical injury. Compensation claims can be complex, and the type of claim you make will depend on the circumstances of your case. For more detailed information, visit our section on seeking compensation for police wrongdoing.
For specific guidance on situations such as wrongful arrest, you can read "Can You Sue for Wrongful Arrest in the UK? Know Your Rights". This resource explains your legal rights and the process for claiming compensation for police wrongdoing.
Types of Claims You Can Make
Depending on what happened, you may be able to make different types of claims, such as:
- False imprisonment or wrongful arrest – if you were detained without legal justification.
- Assault or excessive force – if you were injured by police actions.
- Discrimination – if you were treated unfairly due to a protected characteristic (such as race, gender, or disability).
- Personal injury – if you suffered physical or psychological harm. For more information about this kind of claim, see our page on personal injury claims.
Getting Legal Support
Civil claims against the police can be complex, and strict time limits often apply (for example, you usually have one year to bring a discrimination claim and up to six years for other types of civil claims). Seeking advice from a solicitor who specialises in actions against the police is strongly recommended. They can help you assess your case, explain your options, and represent you if necessary.
You may also want to consult charities and advocacy organisations for additional support and guidance.
Next Steps
If you are still dissatisfied after challenging a complaint decision, you are not alone. Many people choose to pursue further action, whether through making a civil claim for police misconduct, seeking compensation for police wrongdoing, or exploring personal injury claims. Carefully consider your circumstances, gather any evidence you have, and seek professional advice to ensure you take the right steps for your situation.
Additional Resources and Related Topics
When challenging a police complaint decision, it’s helpful to understand the wider context and explore related topics that may affect your situation. Below you’ll find key resources and guidance to support you at every stage of the process.
If you are just starting out or want to understand the basics, our guide on making a police complaint explains how to raise a concern about police behaviour, the steps involved, and what to expect from the process. This is especially useful if you haven’t yet submitted your complaint or want to make sure you followed the correct procedure.
For those facing issues of misconduct, our section on dealing with police misconduct outlines what qualifies as police misconduct, the options available to you, and how these cases are typically handled. Understanding misconduct can help you identify if your complaint should be escalated or if further action is possible.
Sometimes, your complaint may overlap with broader issues involving public authorities. If you believe a decision made by the police (or another public body) has been unfair or unlawful, our resource on challenging government decisions can guide you through the process of seeking a review or judicial challenge, including the time limits and legal grounds required.
Discrimination can also play a role in police complaints. If you feel you have been treated unfairly because of a protected characteristic (such as race, disability, or age), see our guide to addressing discrimination by public authorities. This resource explains your rights, how to gather evidence, and the steps to take if you believe discrimination has occurred.
For a deeper understanding of the law around discrimination, the government’s Equality Act 2010 guidance offers authoritative information on your rights and the legal duties of public bodies, including the police. This can help clarify whether your case may involve a breach of equality law.
If you need to escalate your complaint or want to understand the role of oversight bodies, the Independent Office for Police Conduct (IOPC) is responsible for overseeing the police complaints system in England and Wales. The IOPC investigates the most serious complaints and can review how your case was handled if you are dissatisfied with the outcome.
By exploring these resources, you can better understand your rights, the actions you can take, and how to seek further support if you believe your police complaint was not handled properly. If you are unsure which route to take, reviewing these related topics can help you decide the best course of action for your situation.
