What can I complain about
WHAT CAN I COMPLAIN ABOUT?
If you think that a police officer or member of police staff has behaved incorrectly or unfairly, you have the right to make a complaint.
People who work in the police service should behave appropriately at all times. Expectations about the behaviour of both police officers and members of staff are set out in their respective Standards of Professional Behaviour. (Police Officers) (Police Staff)
You may also complain about the policies and procedures of Lancashire Constabulary, for example, the use of speed cameras or the number of officers in a neighbourhood. Such matters do not relate to the conduct of an individual but, your concerns will be addressed and a response provided to you.
HOW WILL MY COMPLAINT BE DEALT WITH?
Making your complaint
Your complaint will be recorded by the Professional Standards Department (PSD) who have overall responsibility for recording and handling complaints about the conduct of individual officers or members of police staff. PSDs are completely separate from the officers or members of staff who are complained about.
On receipt of your complaint about the conduct of an individual, an investigator will explain the possible options for resolution. They will inform you
- How your complaint will be dealt with;
- 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 will be taken at the conclusion of the case
They will also agree with you how often and by which method you would like to be kept informed of progress. 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.
Local Resolution
Most allegations are suitable for local resolution which is an informal approach to resolving complaints. Many people prefer their complaint to be dealt with in this way. You cannot have your complaint dealt with using local resolution unless you agree to it.
If your concerns are suitable for local resolution and you agree to this course of action, a local manager will discuss your complaint with you and draw up an action plan covering the issues you have raised.
Local Investigation
If you do not agree to local resolution, a local investigation will be carried out which will be unbiased and proportionate, subject to an assessment of the circumstances.
What will happen when the investigation is finished?
At the end of the investigation, you will be informed of the outcome of the enquiry. Possible outcomes include:
- There is not enough evidence to uphold your complaint. This does not mean that you haven't been believed, but just that there is insufficient evidence to prove or disprove the allegation made;
- We may take formal disciplinary or management action against a member of staff;
- We may refer the case to the Crown Prosecution Service (CPS) who will decide if there is enough evidence to bring criminal charges against a member of the Constabulary;
DO I HAVE ANY RIGHT OF APPEAL?
You have the right of appeal to the Independent Police Complaints Commission (IPCC) if:
Non-Recording
- We do not record your complaint (ie, deal with it as a complaint about the conduct of an employee);
- We have not made a decision to record your complaint or not informed you of that decision within ten working days;
Local Resolution
- The local resolution process has not been followed as agreed.
Investigation
- You disagree with the action the Constabulary proposes to take as a result of an investigation;
- You have not been provided with adequate information about the findings of the investigation or the actions the Police propose to take;
- You are not satisfied with the outcome of the police investigation into your complaint;
- You disagree with our decision not to refer the case to the Crown Prosecution Service.
What is a dispensation?
We may apply to the Independent Police Complaints Commission (IPCC) [or in some cases these can be granted internally] for a dispensation from the need to investigate a complaint if certain conditions apply. These include:
- If a complaint relates to an incident which occurred more than 12 months ago (unless you can provide a good reason for the delay);
- A lack of co-operation from you;
- A repetitious complaint;
- The complaint is considered to be vexatious and/or an abuse of the complaints system.
The role of the Independent Police Complaints Commission (IPCC)
Complaints about the conduct of people serving with the police can be sent to the IPCC, but the IPCC does not have the power to record complaints. If you complain to the IPCC, it must, by law, forward the complaint back to the force involved for consideration. Due to the exceptionally high numbers of complaints made to the IPCC, it can take a number of weeks before a complaint is forwarded to the relevant police force. In order to have your complaint dealt with as quickly as possible, we advise you to complain to your local force using one of the methods set out above.
The IPCC also investigates the most serious complaints and allegations of misconduct against the police in England and Wales. These complaints are referred to the IPCC by police forces. The IPCC may decide to investigate an incident using its own investigators (referred to as an independent investigation). Alternatively, it can manage or supervise a police investigation into the matter. The IPCC will only conduct independent investigations into incidents that cause the greatest level of public concern - for example, deaths in or following police custody.
