Frequently Asked Questions about making a complaint

Who can I make a complaint about?

• Police officers of any rank;
• Other members of police staff, for example Special Constables, Community Support Officers, as well as contracted escort and detention officers.

How will my complaint be dealt with?

Local Resolution
Most less serious complaints will be resolved by your local police division through a process called local resolution. This is the simplest and quickest way of you telling us what happened, finding out why it happened, providing you with an explanation and offering you an apology if appropriate.

We will ask for your written consent to deal with your complaint in this way and agree an action plan with you aimed at resolving your concerns as quickly as possible.

For more information on local resolution follow this link

Investigation
Investigations are usually conducted by PSD staff and will be unbiased and proportionate, subject to an assessment of the circumstances.

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 Independent Police Complaints Commission (IPCC). The IPCC will then decide how the case will be investigated. The IPCC can supervise or manage investigations, or in certain circumstances may decide to conduct an independent investigation.

How will I be kept informed of the progress of investigation?

Whether an investigation is undertaken by the police or the IPCC, you have the right to be kept informed about its progress and the outcomes. The investigator will inform you about:

• 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 will be taken at the conclusion of the 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 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;
• If learning points are identified as a result of the investigation we will ensure these are fed back into the organisation as appropriate to improve the service we provide and minimise the chance of recurrence.

What is a Dispensation?

We may apply to the 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

Do I have any right of appeal if I am not happy with the outcome of my complaint or the way it has been handled?

You have the right of appeal to the IPCC if:

• We do not record your complaint;
• We have not made a decision to record your complaint or not informed you of that decision (we aim to do this within 10 working days).
• The local resolution process has not been followed as agreed;
• 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 formal police investigation into your complaint.
• You disagree with our decision not to refer the case to the IPCC.

Lancashire Constabulary strive to deliver the best possible service to all sections of the community and in particular without unfair discrimination according to age, disability, gender, race, religion/belief or sexual orientation.

To assist us in understanding and monitoring our performance in providing a fair service and to enable us to meet our legal obligations in relation to diversity, it is necessary to seek your co-operation in providing brief information about:

• Your date of birth
• Whether you consider yourself to be disabled
• Your gender
• Your ethnic or racial origins
• Your sexual orientation
• Your faith/belief

We appreciate these are issues of a personal nature and you retain the right to refuse to answer them. Any information you provide will be treated in the strictest confidence.

Complaints which are not about the conduct of an individual but the policies and procedures of Lancashire Constabulary are referred to as 'direction and control' complaints. These are recorded within the Professional Standards Department and a response will be provided to any matters raised. For example, if a member of the public expressed dissatisfaction with the number of officers in their neighbourhood, this would be deemed to be a direction and control complaint.