07. Making a complaint against a police officer
The system for making complaints against the police has changed recently. A new organisation, the Independent Police Complaints Commission (IPCC), now oversees complaints against police officers. It took over from the Police Complaints Authority on 1 April 2004.
There are four main reasons why you might want to make a complaint against the police rather than sue them.
- You can complain about more things than you could sue the police for. For example, if a police officer is offensive or abusive towards you when they search you on the street, you can't sue them (as long as the search is legal). However, you can make a complaint about the way the police treated you
- You don't have to be a victim of wrongdoing (misconduct) by the police to be able to make a complaint. You can make a complaint if you witnessed wrongdoing by the police, or if you were badly affected by wrongdoing (for example, if you are a close relative of someone who was a victim of it
- Only the actual victim can sue the police (though in some cases where the victim has died, a close family member can sue the police).
- If you have to pay a lawyer's costs, making a police complaint is likely to be a lot cheaper than suing the police.
However, you cannot get compensation by making a complaint. All you can get from a complaint is an apology, although it may also lead to the police officer concerned being disciplined, dismissed or even prosecuted. There is nothing to stop you making a complaint before deciding whether to sue the police.
What can I complain about?
You can complain only about wrongdoing by individual:
- police officers;
- members of police staff; or
- special constables.