Anyone who has been affected by the conduct of a police officer, special constable, PCSO or police staff member in England and Wales can complain. This guide explains the system as it has operated since the reforms of February 2020, and how to make a complaint that is taken seriously.
What you can complain about
Any aspect of how you were treated or how a force operated, including:
- Use of force that was not necessary or proportionate.
- Unlawful or unnecessary arrest, detention or search.
- Discrimination of any kind.
- Rudeness, abuse or oppressive behaviour.
- Failure to investigate, to update you, or to follow procedure.
- Dishonesty or corruption.
- Mishandling of your property or data.
You should normally complain within 12 months of the incident. Later complaints can still be accepted if there is a good reason for the delay or the matter is serious.
Where to send it
- To the force itself. Every force has a Professional Standards Department (PSD) and an online complaints form. You can also complain at any police station, by letter or by phone (101).
- To your Police and Crime Commissioner (or the Mayor's office in London, Manchester and West Yorkshire). Since 2020, some PCCs have taken on the role of receiving and logging complaints before passing them to the PSD; others also carry out the review stage. Their websites explain which model applies in your area.
- To the Independent Office for Police Conduct (IOPC). You can submit a complaint via policeconduct.gov.uk, but the IOPC will forward it to the force to record; it only investigates the most serious matters itself.
- Through someone else: a solicitor, Citizens Advice, your MP, a charity or a family member, with your written consent.
What to include
- Date, time and place.
- The officers involved: names, shoulder numbers, descriptions, vehicle numbers.
- What happened, in order, in your own words. Stick to facts and avoid adjectives; let the facts carry the weight.
- Witnesses and their contact details.
- Evidence: your own video, photos of injuries, medical notes, receipts for damage, the stop and search record or custody record.
- Any reference numbers you were given, and a request that body-worn video and custody CCTV be preserved. Make that request as early as possible: footage is routinely deleted after 31 days unless flagged.
- What outcome you want: an apology, an explanation, training, disciplinary action, or a change of policy.
Keep a copy of everything you send and a log of every response.
How it is handled
Once your complaint is received, the force (or PCC) must contact you and decide how to handle it:
Handled outside the formal system
For minor matters, and only with your agreement, the force can deal with the complaint informally and quickly, for example with an explanation or apology. You can insist that it is recorded formally instead.
Recorded and handled "reasonably and proportionately"
Most complaints are recorded under Schedule 3 of the Police Reform Act 2002 and dealt with by the PSD in a way that is reasonable and proportionate to the seriousness. That ranges from a review of body-worn footage and a conversation with the officer, up to a full investigation with interviews. You should be told who is handling it and be updated at least every 28 days.
Referred to the IOPC
Certain matters must be referred: a death or serious injury following police contact, serious assault, serious sexual offence, serious corruption, a criminal offence or behaviour aggravated by discrimination, and abuse of position for a sexual purpose. The IOPC then decides whether to investigate independently, direct the force's investigation, or return it to the force.
Possible outcomes
- An explanation of what happened and why.
- An apology, or recognition that the service fell short.
- Learning for the individual officer (reflective practice) or for the force.
- Misconduct proceedings, which can lead to a written warning, a final written warning, reduction in rank, or dismissal and being placed on the barred list.
- A criminal investigation and prosecution in the most serious cases.
- A finding that the complaint is not upheld.
Reviews (what used to be called appeals)
If you are unhappy with how your complaint was handled or with the outcome, you have the right to request a review within 28 days of the outcome letter. The letter will tell you whether the review body is your Police and Crime Commissioner (for most complaints) or the IOPC (for more serious matters). The reviewer looks at whether the handling and outcome were reasonable and proportionate, and can direct the force to take further action.
Beyond the complaints system
- Civil claims. Unlawful arrest, false imprisonment, assault, trespass and malicious prosecution can all be the basis for a claim for damages against the Chief Constable. Specialist solicitors often act on a no-win no-fee basis, and legal aid remains available for some actions against the police. The time limit is normally six years (three for personal injury, one for Human Rights Act claims).
- Judicial review of unlawful decisions, within three months.
- The Equality and Human Rights Commission for discrimination issues.
- Your MP, who can raise the matter with the force or the Home Office.
- The Information Commissioner for data protection breaches.
Victimisation
The police must not treat you worse because you have complained. If you believe you are being targeted after complaining, report that as a further complaint and tell the IOPC.
Support
Citizens Advice, local Law Centres, Liberty, StopWatch (stop and search), INQUEST (deaths in custody) and the Police Action Lawyers Group (specialist solicitors) can all help. Making a clear, factual, evidenced complaint promptly, and asking for a review if the response is inadequate, is what gets results.
This is general information for England and Wales, not legal advice. If you have been arrested or charged, speak to a solicitor: advice at the police station is free for everyone.
