Police complaints and reviews
A complaint about the police follows a process set by statute. We set out what happened clearly and fairly, lodge the complaint with the force on your written consent, and apply for a review if the outcome is not reasonable and proportionate.
How the police complaints system works
The system is set out in Part 2 of, and Schedule 3 to, the Police Reform Act 2002, and in the Police (Complaints and Misconduct) Regulations 2020. A complaint is any expression of dissatisfaction with a police force made by or on behalf of a member of the public. It can be about how an officer or member of police staff behaved, or about the service the force provided, such as how a report was handled or how you were kept informed.
To complain about an individual's conduct, you usually need to be the person it was directed at, to have been adversely affected by it, or to have witnessed it. For other complaints about a force, you need to have been adversely affected by the matter you are complaining about.
A complaint can be made on someone's behalf only if that person has given written consent (section 12(6)(b) of the 2002 Act). We ask for that consent before we write to the force, and we keep it on file.
Complaints are usually dealt with by the force's professional standards department, on behalf of the chief officer. A complaint about the chief officer is dealt with by the local policing body, which is usually the police and crime commissioner, or in some areas the elected mayor. Some serious complaints must be referred to the Independent Office for Police Conduct (IOPC).
| Stage | What happens | Usual time limit |
|---|---|---|
| Complaint | Lodged with the force. A complaint sent to the police and crime commissioner or the IOPC is usually passed to the force. | As soon as possible. If more than 12 months have passed and there is no good reason for the delay, the force may decide to take no further action. |
| Recording | Some complaints are first dealt with informally, outside Schedule 3. If you ask for the complaint to be recorded formally under Schedule 3, it generally must be. | No fixed period. Ask for recording if an informal response does not resolve matters. |
| Handling | The force either investigates the complaint or deals with it in another way, for example by looking into it and giving an explanation. | Set by the force. You should be kept informed of progress. |
| Outcome | The force writes to you with the outcome and tells you whether you can apply for a review, and to which body. | Not applicable |
| Review | You apply in writing to the relevant review body: the local policing body or the IOPC. | 28 days. The IOPC counts from the day after the date on the outcome letter, so work to that date. A late application may be accepted only in special circumstances. |
Who carries out a review
The outcome letter should say which body reviews the complaint. The IOPC is the review body for more serious complaints. Those include complaints about the conduct of a senior officer, complaints that were referred to the IOPC, and complaints where the conduct, if proved, could justify criminal or disciplinary proceedings or involve a breach of Article 2 or Article 3 of the European Convention on Human Rights. Other reviews are carried out by the local policing body.
A review is not a fresh investigation. The question is whether the outcome of the complaint was reasonable and proportionate. If the review body decides it was not, it can recommend, and in some cases require, further action.
A complaint dealt with informally, outside Schedule 3, does not carry a right of review. If you are not satisfied with an informal response, you can ask for the complaint to be recorded formally. If you need to find your local policing body, the Association of Police and Crime Commissioners lists them.
What a complaint can and cannot achieve
A complaint can lead to an explanation, an apology, a change in how the force works, or action about an individual's conduct where the evidence supports it. The complaints system does not award compensation. A claim for compensation is a separate court matter, and we refer those to a solicitor.
If there are criminal proceedings
If the events you are complaining about are linked to a criminal investigation or court case, the force or the IOPC may pause the complaint where continuing could prejudice that investigation or those proceedings. The complaint usually resumes when they have finished.
Victims' Right to Review
This is a separate scheme from the complaints system. If you reported a crime, a suspect was identified and interviewed under caution, and the police then decided not to bring a charge, you can usually ask the force to review that decision under the police Victims' Right to Review scheme. Forces generally ask for the request to be made within three months of the decision.
Where the Crown Prosecution Service made the decision, the CPS runs its own scheme with its own time limits, and the force will usually tell you which applies.
We can draft the request for you to send, or send it on your written authority. We do not contact the suspect, witnesses or anyone else involved in the case.
What we do
- Take your account in writing and set it out as a clear, factual complaint
- Identify the conduct or service issue and the standards that apply, such as the Standards of Professional Behaviour
- Lodge the complaint with the force on your written consent, and keep that consent on file
- Chase the force for updates, and ask for the complaint to be recorded formally where that is appropriate
- Draft the application for review to the local policing body or the IOPC
- Draft Victims' Right to Review requests
What we do not do
- Bring civil claims against the police, such as for false imprisonment, assault or breaches of the Human Rights Act 1998. Some time limits for these are as short as one year, so we refer them to a solicitor straight away.
- Deal with compensation for injury. Personal injury claims management is regulated by the Financial Conduct Authority, and we refer these matters.
- Apply for judicial review of a complaint or review decision
- Include allegations you cannot support
- Contact witnesses, officers or anyone else involved
Making a complaint does not usually stop the time limit for a court claim from running. If you are thinking about a claim, speak to a solicitor at the same time.
If the complaint is about your own arrest or investigation
What you tell us is not protected by legal professional privilege. Tell us how the police treated you, not about the allegation itself. If you are still under investigation, or have been charged, speak to a criminal defence solicitor before you make a complaint.
If you are asked to attend a police interview, you have a right to free and independent legal advice at the police station. Ask for the duty solicitor.
Common questions
Can I complain about something that happened a long time ago?
You can, but the sooner the better. If more than 12 months have passed and there is no good reason for the delay, the force may decide to take no further action. Material such as camera footage and call recordings may also be kept for a limited time only.
Can you complain on behalf of a family member?
Only with that person's written consent, which the law requires. A family member may also be able to complain in their own right if they witnessed the conduct or were adversely affected by it.
What if I am not satisfied with the review?
The review is usually the last stage of the complaints process. The only further route is normally judicial review in the High Court. That is a court process with strict time limits, and we do not handle it. If it may be worth considering, we tell you so and suggest you speak to a solicitor promptly.
Will the force deal with you or with me?
Usually both. We correspond with the force on your written consent, but the force may also want to speak to you to understand the complaint. You decide whether to accept any outcome or to apply for a review.
Our status
Appeal Specialists is an independent consultancy, not a law firm. We are not solicitors or barristers and we are not regulated by the Solicitors Regulation Authority or any other legal regulator, so you cannot complain about us to the Legal Ombudsman.
We provide non-reserved legal services only. We do not conduct litigation, file or serve court documents, or accept service of court documents for you. Where the law allows, we can speak for you at a small-claims hearing or a tribunal, but only with your agreement and, at small-claims hearings, only if you attend.
What you tell us is not protected by legal professional privilege. We never hold your money. We work on matters in England and Wales only. We do not guarantee any outcome.
All correspondence by email
We deal with everything in writing, so every point and every deadline is on the record. If you are replying to a letter from us, please quote our reference.