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Navigating the Police Complaint System for Clients

Essential guide for police station representatives on advising clients through the police complaints process in England & Wales, covering rights, procedures, timelines, and practical advocacy strategies.

Dealing with PoliceIntermediate✓ Fact-Checked1,850 words6 viewsUpdated 23 January 2025

Navigating the Police Complaint System for Clients: A Detailed Guide

As police station representatives, duty solicitors, and defence practitioners, we regularly encounter clients who have experienced mistreatment during police interactions. The police complaints system in England and Wales[1] exists to ensure accountability, fairness, and transparency in how police powers are exercised. This guide equips you with the knowledge to confidently advise clients through the complaints process.

Key Takeaway: Many clients are unfamiliar with their rights, unsure about the process, or fearful that making a complaint may negatively impact them. Your role is to reassure, inform, and empower them to seek justice where appropriate.

1. Introduction: What Is a Police Complaint?

A police complaint is a formal expression of dissatisfaction about the conduct of a police officer, member of police staff, or the way a police force has operated.[2] Complaints can range from minor discourtesy to serious misconduct, including:

  • Excessive force
  • Unlawful detention
  • Discrimination
  • Failure to investigate
  • Breaches of PACE[3]

Under the Police Reform Act 2002,[4] anyone who has been affected by the actions of a police officer or force has the right to make a complaint. This includes detainees, suspects, witnesses, and members of the public who have interacted with the police in any capacity.

Important: As a representative, you can submit complaints on behalf of your client, which often provides them with reassurance and professional support throughout the process.

2. When Should You Advise a Client to Complain?

Advise your client that a complaint may be appropriate where they believe:

✓ They were unlawfully arrested or detained[5]

✓ Reasonable adjustments were not made for a vulnerability or disability[6]

✓ They were treated discourteously or unprofessionally

✓ The police used excessive or unnecessary force[7]

✓ Their property was damaged or unlawfully seized

✓ Their case was mishandled or investigations were inadequate

✓ They were discriminated against on the basis of race, gender, disability, or other protected characteristics[8]

✓ Their rights under PACE 1984[9]—including the right to legal advice—were not respected

Important Distinction: A complaint deals with conduct and organisational issues; it does not overturn prosecutions or civil matters, though evidence revealed through a complaint may assist such challenges later.

3. How to Make a Complaint on Behalf of Your Client

3.1 Directly to the Police Force

Most complaints begin with the Professional Standards Department (PSD) of the relevant police force.[10] You can find contact details for all police stations in our Police Stations Directory. Complaints can be made:

  • Online via the force's complaint portal
  • In writing by email or post (recommended for representatives)
  • In person at a police station
  • Via you, as the legal representative

When drafting a complaint on your client's behalf, include:

  • Dates and times
  • Officer numbers (if known)
  • Witness details
  • Specific incidents with as much detail as possible
  • Reference to relevant PACE Codes or legal provisions breached

TIP: Keep contemporaneous notes during custody visits. These become invaluable evidence when supporting a complaint.

3.2 Through the Independent Office for Police Conduct (IOPC)

The IOPC[11] oversees complaints and serious incidents. While the IOPC may refer complaints back to the local PSD, it has powers to independently investigate cases involving:

  • Death or serious injury following police contact
  • Allegations of corruption
  • Serious assault by an officer
  • Serious breaches of PACE[12]
  • Discrimination of a severe nature

NOTE: For serious matters, you should consider referring the complaint directly to the IOPC rather than starting with the local force.

3.3 Time Limits

Complaints should ideally be made within 12 months of the incident.[13] However, complaints outside this period can still be accepted if justified—particularly where the client was:

  • Vulnerable
  • Detained
  • Unaware of their rights
  • Experiencing trauma or mental health difficulties

IMPORTANT: Always submit complaints promptly. Evidence deteriorates, body-worn footage may be deleted, and memories fade.

4. What Happens After a Complaint Is Submitted?

4.1 Recording the Complaint

The relevant authority decides whether the complaint should be "recorded."[14] Most complaints meeting the statutory definition will be recorded. If a complaint is not recorded, you can request a review.

4.2 Local Resolution

For lower-level complaints, the police may attempt local resolution,[15] which can include:

  • An apology
  • An explanation of police procedures
  • Minor service improvements
  • Informal conflict resolution

NOTE: Local resolution does not involve disciplinary action. Advise your client whether this outcome is acceptable before agreeing to local resolution.

4.3 Local Investigation

More serious complaints require a local investigation,[16] which may involve:

  • Interviews with the complainant and officers
  • Examination of custody records, body-worn video, and police logs
  • Review of PACE compliance
  • Independent review of evidence

TIP: Request disclosure of body-worn footage, custody CCTV, and custody records early in the process. These are crucial for substantiating complaints.

4.4 IOPC Investigation

The most serious cases are handled by the IOPC directly.[17] These are independent investigations and may lead to:

  • Criminal proceedings
  • Disciplinary proceedings
  • Referral to the Crown Prosecution Service

4.5 Outcomes

Outcomes may include:

  • No case to answer
  • Misconduct or gross misconduct findings[18]
  • Recommendations for policy or procedural change
  • Compensation (in limited cases—usually via civil action rather than the complaint process)

5. Your Role as a Police Station Representative

As police station practitioners, you play a crucial part in:

✓ Advising clients whether their experience amounts to a complaint

✓ Preserving evidence (e.g., copying custody records, noting officers' names)

✓ Ensuring vulnerabilities are recorded in custody records

✓ Drafting complaint letters on the client's behalf

✓ Explaining how the complaint process interacts with criminal proceedings

Critical Point: If the client is charged, their complaint will not affect the fairness of their trial, nor is the fact of a complaint admissible in most criminal proceedings unless it relates to disclosure issues.

If you're interested in developing your skills further, check out our guides on how to become a rep and getting work as a rep.

6. Addressing Client Concerns About Making a Complaint

Clients often worry that making a complaint may result in:

✗ Retaliation by officers

✗ Harsher treatment in future encounters

✗ Their case being damaged

Reassure Your Clients That:

✅ It is unlawful for the police to victimise complainants[19]

✅ Complaints are handled separately from criminal cases

✅ You can submit complaints on their behalf, limiting direct contact with the police

✅ The complaint process is confidential and professional

✅ Making a complaint is a legal right, not a privilege

IMPORTANT: Emphasise that you will guide them through every step and act as their advocate throughout the process.

7. Practical Steps: Advising Clients on Evidence Gathering

Essential Steps to Recommend:

  1. Write everything down early — Advise clients to make contemporaneous notes. Memories fade quickly.

  2. Request copies of relevant records, including:

    • Custody CCTV
    • Body-worn footage (you can request these on their behalf)
    • Custody records
    • Interview recordings

  3. Keep medical records of any injuries sustained

  4. Save all correspondence from the police or solicitors

  5. Document vulnerabilities — Ensure appropriate adult involvement, disability adjustments, interpreter services, or mental health support were provided (or note where they weren't)

For essential forms and documents, direct clients to our Forms Library.

TIP: Take photographs of any visible injuries immediately after custody. Medical evidence is powerful in complaints involving use of force.

8. Frequently Asked Questions: Client Queries You'll Encounter

Q1. Will making a complaint affect my client's criminal case?

No. The complaint system is separate from criminal proceedings.[20] However, if the complaint reveals relevant evidence (e.g., failures in disclosure or unlawful treatment), you may use this in their defence.

Q2. Can my client complain while still under investigation or on bail?

Yes. Many clients complain shortly after release from custody. They are fully entitled to do so at any stage.

Q3. Can I request body-worn camera footage on behalf of my client?

Yes. As their legal representative, you can request body-worn footage where relevant to their defence or complaint.[21] Make the request promptly, as footage may be deleted after 31 days.

Q4. Will officers know my client made the complaint?

Usually yes, because the complaint must be investigated fairly. However, this should not negatively affect them, and retaliation is prohibited by law.[22]

Q5. Can my client appeal the outcome?

Yes. Most recorded complaints can be reviewed by the IOPC or the local policing body depending on the case.[23]

Q6. Can my client receive compensation?

Compensation does not come through the complaint process itself, but a civil claim may be possible depending on the facts. You can advise them on potential claims or refer them to specialist civil litigation solicitors.

Q7. What if my client isn't satisfied with the response?

They can:

  • Request a review from the IOPC[24]
  • Seek legal advice about a civil claim
  • Contact the Policing and Crime Commissioner for their area
  • Get in touch with us for further guidance

Q8. Can my client withdraw their complaint?

Yes, but once an investigation has begun, the police may continue if it's in the public interest (especially for serious matters).[25]

9. Conclusion: Your Impact as a Representative

The police complaints system provides an essential safeguard for the public, ensuring that police conduct is fair, lawful, and accountable. For clients, the process can feel intimidating, especially after a stressful arrest or custody experience.

With your professional guidance as a police station representative or criminal defence solicitor, clients can:

✓ Navigate the system effectively

✓ Understand their rights

✓ Seek redress where appropriate

✓ Hold police to account for misconduct

✓ Contribute to improved policing standards

Remember: Making a complaint is not just about individual justice—it helps improve policing for everyone. Your role in facilitating this process is vital.

Useful Resources for Representatives

On This Site:

References

[1] Police Reform Act 2002, Part 2 — Complaints and Misconduct

[2] IOPC Statutory Guidance (2020) — Definition of Police Complaints

[3] Police and Criminal Evidence Act 1984 (PACE) and Codes of Practice

[4] Police Reform Act 2002, s.10 — Right to Make a Complaint

[5] PACE Code C, Section 1 — Powers of Arrest and Detention

[6] Equality Act 2010 — Reasonable Adjustments for Disabled Persons

[7] PACE Code C, Section 8 — Use of Reasonable Force

[8] Equality Act 2010, s.149 — Public Sector Equality Duty

[9] Police and Criminal Evidence Act 1984, s.58 — Right to Legal Advice

[10] Police Reform Act 2002, Schedule 3 — Handling of Complaints by Local Forces

[11] Independent Office for Police Conduct (IOPC) — Functions and Powers under Police Reform Act 2002

[12] IOPC Statutory Guidance (2020) — Mandatory Referrals for Serious Breaches

[13] Police Reform Act 2002 (Complaints and Misconduct) Regulations 2020 — Time Limits

[14] IOPC Statutory Guidance (2020) — Recording of Complaints

[15] Police Reform Act 2002, Schedule 3, Para 6 — Local Resolution

[16] Police Reform Act 2002, Schedule 3 — Local Investigation Process

[17] Police Reform Act 2002, s.15 — Independent IOPC Investigations

[18] Police (Conduct) Regulations 2020 — Standards of Professional Behaviour

[19] Police Reform Act 2002, s.29 — Victimisation of Complainants Prohibited

[20] IOPC Statutory Guidance (2020) — Relationship Between Complaints and Criminal Proceedings

[21] Data Protection Act 2018 and UK GDPR — Subject Access Requests and Legal Representative Requests

[22] Police Reform Act 2002, s.29 — Protection Against Victimisation

[23] Police Reform Act 2002, Schedule 3, Para 25 — Reviews and Appeals

[24] IOPC Statutory Guidance (2020) — Right to Review

[25] Police Reform Act 2002, Schedule 3 — Withdrawal of Complaints

This guide is for informational purposes and does not constitute legal advice. Always consult with a qualified legal representative for specific advice about individual circumstances.