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POLICE FOUNDATION BRIEFING.Qxd The briefing Series 2, Edition 1 – May 2011 © The Police Foundation – posed by models © The Police Foundation © Joanne O’Brien/Photofusion – posed by models The police complaints system This Police Foundation Briefing looks at the current system in England and Wales for dealing with complaints against the police and discusses some of the key related issues. Introduction Over the course of a year nearly half the depends to a large extent on the conduct of population of the UK has some form of every officer and it is important that each contact with the police (1). As Sir Ronnie officer is held accountable for his or her Flanagan states in the Interim Report of his behaviour and that any public complaint or Review of Policing, ‘…every contact an concern is taken seriously and investigated officer will have with a member of the public properly. will ‘leave a trace’ – a trace through which not only will they be judged personally, but tt In 2009/10 221 allegations were made per through which their organisation and policing 1,000 officers (3). in general, will be judged.’(2) Public confidence in the police service therefore The briefing – Police complaints 1 In England and Wales (4) complaints against the and lawful and that any police officer acting police are handled either locally by police outside this framework will be held to account forces or by the Independent Police for their actions in a timely, transparent and Complaints Commission (IPCC). Set up in fair manner. 2004, the IPCC has a statutory aim of increasing confidence in the police complaints Complaints can also offer valuable information system. It deals with the most serious cases, to police forces, particularly in relation to such as corruption, hate crimes, serious injury, Neighbourhood and Citizen Focused policing deaths in custody or police shootings, or with where it provides a store of information on the appeals against the police handling of needs (both met and unmet) and concerns of a complaints cases. This Briefing looks at both community. As well as setting standards for the local resolution of police complaints and police conduct, an effective complaints system the national role of the IPCC, focusing in should therefore also identify issues that particular on the effectiveness of the current matter locally and pinpoint where changes system and the public’s confidence in it. might need to be made. Fig. 1. Police complaint cases: The importance of an 2000/01-2009/10 effective complaints 40000 system 35000 30000 25000 The police hold a unique position in society 20000 with considerable coercive powers to resolve 15000 disputes and conflicts and intervene in 10000 people’s lives. With these powers comes a 5000 serious responsibility to adhere to the rule of 0 law and to account for their actions. The Police Constable (PC) is the most visible policing role and it is crucial that every PC Source: Police Complaints: statistics for England and Wales operates, and is seen to operate within an 2009/10 (IPCC February 2011) ethical, legal and human rights framework. This is particularly true today when images of officers’ actions are the subject of persistent A brief history of the media and public scrutiny(5). An effective police complaints complaints system is central to police accountability and allegations must be system investigated thoroughly and impartially. k In 1977 the Police Complaints Board (PCB) Public confidence in policing depends was established under the Police Act 1976. primarily on the existence of effective means Prior to this all complaints against the police for securing redress when policing goes were handled by police forces themselves. wrong. If citizens are to have confidence in the The intention was to create a more police service as a whole, they must believe independent system, but during its eight years that the actions the police take are legitimate of operation, the PCB questioned Chief 2 The briefing – Police complaints Officers’ decisions in merely 0.4% of cases The Independent Police and accepted the police version in almost all of these (6). Complaints Commission Following criticism by Lord Scarman (7) after The IPCC is a non-departmental public the Brixton Riots in 1981 that the system body independent of the police and political was cumbersome and lacked parties. Its remit is to investigate independence, the Police Complaints complaints against the police (10) , Authority (PCA) was set up in 1985. recommend appropriate action by the Serious complaints were formally police force concerned and, where investigated whereas less serious relevant, refer cases to the Crown complaints, such as minor assaults, were Prosecution Service. It independently to be dealt with by Informal Resolution. investigates serious complaints such as Section 85 of the Police and Criminal incidents of death or serious injury or Evidence Act (1984), amended by the allegations of serious criminality, with Police Act 1996, allowed the police to use referrals coming from members of the Informal Resolution where complainants public or from the police. Individual forces gave their consent. Under this system, if are responsible for any disciplinary action unhappy with the outcome of Informal that may follow from a complaint. Resolution, a complainant could ask for a formal investigation. The IPCC has around 400 staff and its budget of £35 million per annum comes The system nevertheless continued to be mostly from the Home Office. Full-time criticised for its lack of popular support and Commissioners (board members) are independence (Home Affairs Select appointed by the Home Secretary for a five Committee, 1998). In 1999, the Stephen year (re -appointable) term of office; they Lawrence Inquiry, which was highly critical cannot have previously served as police of the police and found that confidence in officers. The IPCC has offices in Cardiff, the police among ethnic minority Coalville, Wakefield, London and Sale. communities was worryingly low, called for an impartial, independent body to handle The IPCC only deals with complaints police complaints and increase public relating to the behaviour and conduct of the confidence (8). Liberty echoed this call in police, rather than those relating to 2000 (9) and in 2004, following a public operational matters (such as the standard consultation, the Independent Police of a particular service or the organisation Complaints Commission (IPCC) was as a whole) or policing policy. To complain created under the Police Reform Act 2002 against a specific direction or control of to replace the PCA. The same legislation policing, a complainant must write to their replaced Informal Resolution with Local MP, the Chief Constable or the Police Resolution, which allows for a third-party, Authority. such as a witness, to make a complaint and removes the complainant’s right to ask for a formal investigation once consent has been given to the Local Resolution process. The briefing – Police complaints 3 The complaints procedure Who can make a Anyone in receipt of, or adversely affected by, or a witness to, the behavior or complaint? conduct of police officers or staff. What do people Inappropriate police behaviour such as conduct falling below the Standards of complain about? Professional Behaviour. In 2009/10 the most common complaints were for neglect or failure in duty (26%); incivility, impoliteness and intolerance (20%); and excessive force (13%). To whom do people To the police force concerned or to the IPCC. In most cases the IPCC will pass complain? on complaints to the relevant force. o p Cases are dealt with in a number of different can be appealed to the IPCC. There is no right ways, depending on the severity of the of appeal for Managed Investigations or for allegation: Independent Investigations; for these the only route of challenge is through judicial review. G Local Resolution –the complaint is resolved by the police at the local level. In 2009/10 the IPCC upheld 21% of G Local Investigation – the complaint is appeals against the outcome of a police investigated by the police themselves investigation (11). through their Professional Standards Department (PSD) G Supervised Investigation –the complaint is Local Resolution investigated by the police PSD under IPCC o supervision Local Resolution is the most common way of G Managed Investigation – the complaint is resolving allegations (12). When a complaint is investigated by the police (usually PSD) made, the local police assess whether the under IPCC management complaint is likely to result in criminal or misconduct proceedings. If it is not, the G Independent Investigation – this is for complainant is offered the chance to resolve serious complaints, or particular issues the allegation informally, by, for example around community concern which are meeting the officer against whom the investigated by the IPCC’s investigators. complaint is made. If the complainant consents, the allegation is then resolved by the Appeal local police. There is no right of appeal against the outcome of Local Resolution; the only basis Reports by the Police Foundation and the for appeal relates to the process (e.g. where IPCC (13) found that while on the whole Local the complainant did not agree for the Resolution was a good vehicle for dealing with complaint to be dealt with by the Local complaints, neither complainants nor officers Resolution process). In Local and Supervised were satisfied with the system. Complainants Investigations, the decision of the PSD wanted more contact with investigating 4 The briefing – Police complaints officers and their preferred outcome was often will now be ‘upheld’ or ‘not upheld’, focusing an apology. Officers felt they were insufficiently on dealing effectively with the complaint, trained in the process and were not kept rather than on asking whether there is a case informed of how the complaint was to answer on a charge of individual progressing nor the end result.
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