What's the next step?
We will review your complaint and decide if your
complaint is one that should be recorded as an official complaint
against a person serving with the police, under the terms of the
Police Reform Act 2002. If we do not record it you can appeal to
the IPCC.
If it is so recorded, with your agreement we will try to resolve it
by local resolution with an appropriate explanation or apology in
timescales that we have agreed with you. In many cases this will
enable us to respond to you in a timely manner and provide a prompt
explanation to you. This is a more proportionate and effective way
of resolving your complaint.
More serious complaints or instances where you are not satisfied
with a local resolution must be subject to a more formal
investigation by a senior police officer or member of police staff.
This process involves a formal investigation into the conduct of
the police officer or member of police staff and will take longer,
and use formal disciplinary processes. We will keep you informed of
progress during the investigation and send you our findings in
writing.
The force must notify the Independent Police Complaints Commission
(IPCC) about the most serious complaints as soon as they are
recorded. In some cases the IPCC will decide that the complaint
should be supervised by them, either using investigators from this,
or another Force or may independently investigate the matter
themselves. You will be notified of their decision.
After the investigation The Crown Prosecution
Service decides whether any criminal charges will be brought
against any police officer/member of staff as a result of the
complaint. The Deputy Chief Constable will determine whether there
has been a breach of the Police Code of Conduct and whether any
officer should face misconduct charges. In the case of a member of
staff it will be determined if they their actions are such that
they should be dealt with under internal disciplinary
procedures.
You will be informed if there will be a misconduct or discipline
hearing. You are likely to be asked to attend as a witness if the
hearing is of an officer. Alternatively, it may be that the
officer/member of staff will be subject to less formal misconduct
action such as receiving advice or a written warning, or perhaps it
will be determined that no action should be taken.
If there are no misconduct charges, you will receive a letter
explaining the outcome of your complaint, and a summary of the
investigation. If you are not satisfied with the result or if you
think that the way your complaint was locally resolved was not
fair, you can appeal to the IPCC.
We will learn from your complaint and review working practices
accordingly. We will publish details of complaint trends publicly
and report in detail to the Police Authority and the IPCC.
What if I don't want to co-operate with an
investigation?
You should remember that you are a vital witness
to any investigation and that if you fail to co-operate, it could
mean that it will not be possible to fully investigate your
complaint. The Constabulary will then seek a dispensation from the
IPCC from investigating further.
Making a complaint does not affect your right to take the police to
court and sue for damages. For advice on taking civil action you
should contact a solicitor.
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