The Complaints System
The system will ensure that complaints against the Police are handled in an open, efficient and fair way.
The system is overseen by a new body, the Independent Police Complaints Commission (IPCC) which is independent of the Police and government. The IPCC has the power to conduct investigations itself, or to manage or supervise Police investigations into complaints or allegations of misconduct. The IPCC also has a wider responsibility to monitor and work to improve the way that complaints are handled by local Police Forces - this is our 'guardianship' role.
Members of the public, including witnesses who make complaints, have new rights, including the right to be kept fully informed of the progress of the investigation into their complaint and a right of appeal to the IPCC in certain circumstances.
Complaints about any person serving with the Police, including Chief Constables, Police Officers, Special Constables and staff who are not Police Officers, will be dealt with under the new system.
Complaints about the overall policing of a Force are dealt with under a separate system and are not overseen by the IPCC.
Grounds for making a complaint
You can make a complaint if you are a member of the public who:
Has been the victim of misconduct by a person serving with the Police. Misconduct could include a Police Officer or member of Police staff being rude to you or using excessive force. It could also include unlawful arrest or an abuse of your rights.
Was present when the misconduct took place, or close enough to see or hear the misconduct and as a result suffered loss, damage, distress or inconvenience, or was put in danger or at risk;
Is a friend or relative of the victim of the alleged misconduct, distressed by the effects of the incident on the victim;
Has witnessed the alleged misconduct;
Is acting on behalf of any of the above. Please note that if you would like someone to make a complaint on your behalf, you must give them your consent in writing unless they are from a body such as a Citizens Advice Bureau.
If you are unhappy or dissatisfied with the service or treatment you have received from Cleveland Police, please visit the Reporting Dissatisfaction section
How do I make a complaint?
You can make a complaint directly to Cleveland Police or through the IPCC or another organisation. Whatever the route, complaints will ultimately be recorded by Cleveland Police.
If you want to make a complaint you can:
- Go into any Police Station and ask for your complaint to be recorded;
- Contact the Force via phone on (01642) 326326, or by post, addressing letters to the Chief Constable, Police Headquarters, Ladgate Lane, Middlesbrough TS8 9EH;
- Contact your local Citizens Advice Bureau, Racial Equality Council, Neighbourhood Warden, Youth Offending Team or Probation Service, all of which can provide information;
- Contact a Solicitor or your MP and ask them to make a complaint for you;
- Nominate a person to act on your behalf (they must have your written consent);
- Contact the Independent Police Complaints Commission, who will pass on the details of your complaint:
IPCC, 90 High Holborn, London WC1V 6BH
Tel.: 08453 002 002 (local rate)
Email: enquiries@ipcc.gsi.gov.uk
What should my complaint say?
As well as your name, address and contact details, the main things that your complaint should cover are:
- What happened;
- When it happened;
- Who was involved;
- What was said or done;
- Whether there were any witnesses other than yourself and the person serving with the Police;
- Where the witnesses can be contacted, if known;
- Details of any damage or injury which took place.
Who can I make a complaint about?
- Police Officers of any rank;
- Other members of Police staff, for example Special Constables, Community Support Officers and contracted escort and detention Officers (but only if the incident took place after 1st April, 2004).
What happens when I make my complaint?
We will ask you some questions and may complete a form or take a statement from you in order to record the details of your complaint. If your complaint is against a person or people serving with the Police, the Police must record your complaint unless certain circumstances apply. One example would be complaints about the overall policing policy of a Force which are dealt with under a separate system and are not overseen by the IPCC.
If we decide not to record your complaint you will be told of the reasons. You may however appeal to the IPCC if you are not satisfied with the reasons given, or if we do not give any reason for refusing to record your complaint.
How will my complaint be resolved?
Most complaints can be resolved at a local level through a process called local resolution. For example, allegations of rudeness are unlikely to be the subject of a full Police investigation.
Other complaints will be investigated by the Police or by the IPCC. More serious cases which include those in which a member of the public dies or suffers serious injury following contact with the Police, will be referred to the IPCC by us. The IPCC will then decide how the case will be investigated.
Local Resolution
Many complaints will be able to be resolved quickly and satisfactorily at a local level and the IPCC encourages this form of resolution where it is appropriate.
Local resolution is intended to be quick and flexible. It provides the opportunity to explain your concerns to us and receive an adequate response. You will be asked to give your consent to the use of local resolution and once you have given your consent we must follow the process we have agreed with you to resolve your complaint.
If you do not feel that these procedures have been correctly followed you have the right to appeal to the IPCC. The IPCC has worked with the Police to produce advice to assist us with the local resolution process.
Police Investigations
Complaints that require a formal investigation to take place will either be investigated by us or, in the most serious case, by the IPCC.
How will I be kept informed of the progress of an investigation?
Whether an investigation is run by us or the IPCC, you have the right to be kept informed about its progress and outcomes. The investigator will inform you:
- How your complaint will be investigated;
- What co-operation they require from you, for example supplying a statement and details of any witnesses;
- How a decision will be reached;
- What action may be taken at the conclusion of an investigation.
They will also agree with you how often and by which method you would like to be kept informed of the progress of the investigation into your complaint. If you prefer, you can also agree for communication to be through a third party such as a Solicitor, rather than directly between you and the Investigating Officer.
What will happen when the investigation is finished?
At the end of the investigation, the investigator will inform you of the conclusions of the investigation.
Possible outcomes could include:
- The investigation may find that there is not enough evidence to uphold your complaint. This does not mean that you have not been believed, rather that there is insufficient evidence to prove or disprove the allegation(s) made;
- We may decide to improve or amend procedures in response to a complaint;
- We may take formal disciplinary or other management action against an Officer or person serving with the Police;
- The IPCC or the Police could refer your case to the Crown Prosecution Service (CPS) which will decide if there is enough evidence to bring criminal charges against the Police Officers or people serving with the Police.
Rights of appeal
You may have the right to appeal to the IPCC if:
- Your complaint has not been recorded by us;
- We have not made a decision whether or not to record your complaint;
- We have not informed you of our decision not to record your complaint;
- You believe that the proper procedures have not been carried out under local resolution;
- You have reasons to disagree with the action the Police propose to take as a result of the investigation;
- You have not been provided with adequate information about the findings of the investigation or the actions we propose to take (or not to take) in a local or supervised investigation;
- You are not satisfied with the outcome of our investigation into your complaint (whether or not it was supervised by the IPCC).
The IPCC is independent of the Police and government and their decisions cannot be overruled except by a court of law.
For more information contact the IPCC or visit their Website at www.ipcc.gov.uk.
- Appealing against the non-recording of a complaint (Ref COM/5)
- Appealing against the local resolution process (Ref COM/6)
- Appealing against the outcome of a Police investigation (Ref COM/7)
Independent Police Complaints Commission
90 High Holborn
London WC1V 6BH
