How to make a formal complaint against the police?

In the UK, everyone has the right to make a formal complaint against a police officer in cases of misconduct, abuse of power, or unfair treatment. This process allows you to report unethical behaviour and request an official response from the relevant authorities. If you believe you have been subjected to an abuse of power, a human rights solicitor can help you understand your options and ensure your voice is heard.

Keep reading to discover the step-by-step process to follow.

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What rights do you have when dealing with the police in the UK?

In the UK, several legal texts govern interactions between citizens and the police to protect individuals from abuse.

1. The Police Reform Act 2002 sets out officers’ responsibilities and the procedures for reporting misconduct.
2. The Police and Criminal Evidence Act 1984 (PACE) establishes rules regarding arrests, questioning, searches, and detention.
3. The Human Rights Act 1998 and the European Convention on Human Rights (ECHR) guarantee safety, dignity, fair treatment, and prohibit discrimination or inhumane or degrading treatment.
4. The Independent Office for Police Conduct (IOPC) oversees the handling of complaints to ensure they are investigated independently and transparently.

In practice, these legal texts allow you to:

• Know why you are being arrested or questioned.
• Request the presence of a solicitor during an arrest or interview.
• Refuse certain searches that are not legally justified.
• Expect respectful treatment, free from discrimination, or abuse.
• File a formal complaint in cases of illegal or disproportionate behaviour.
• Invoke the ECHR to pursue further remedies in the most serious situations.

Can you defend yourself against a police officer UK?

While citizens have the right to resist unlawful arrest, this area of law is complex. Physical resistance is only justified in very limited circumstances where the arrest is clearly unlawful and excessive force is being used. It’s crucial to seek legal advice before taking any action against the police, as mistaken resistance could lead to criminal charges. The safer approach is to comply and later file a complaint or pursue a civil claim against police.

When can you make a complaint against the police?

Not all situations qualify for a formal complaint, but certain police behaviours clearly justify taking action:

• Misconduct or abuse of power: Unlawful arrest, excessive use of force, or unjustified searches .
• Discriminatory behaviour or harassment: Based on gender, race, religion, sexual orientation, disability, or any other protected characteristic.
• Unlawful detention or degrading treatment: Including police violence against women or vulnerable individuals.
• Lack of professionalism: Failing to conduct proper investigations, neglecting follow-up, or not adhering to established protocols.

When a complaint against the police is not valid

Some situations do not qualify for a formal complaint, including:

• Disagreement with a court decision or the outcome of an official investigation.
• General disapproval of police behaviour without concrete evidence.
• Complaint submitted more than 12 months after the incident, unless valid reasons justify the delay.

What are the steps to file a formal complaint against the police?

Filing a formal complaint against the police requires following a clear process to ensure that your case is taken seriously and handled effectively.

Step 1: Identify the relevant police force

Each force has an internal complaints department. Check your local police website for the complaint form and contact details. For serious cases, contact the IOPC directly for independent investigation.

Step 2: Write and submit the complaint

Your complaint should include:

• Date, time, and location of the incident.
• Officers’ names or badge numbers.
• Witness details.
• All available evidence (photos, videos, recordings).
• Chronological description of events.

Submit within 12 months of the incident unless exceptional circumstances apply. There is no fee for filing a police complaint.

Step 3: Handling and response

The internal department or IOPC will determine whether to pursue mediation, internal investigation, or independent investigation. You should receive a response within six months.

When and how to open a case against a police officer

A civil claim against the police may be necessary when:

• A formal complaint has not resulted in satisfactory redress.
• The incident is particularly serious, such as unlawful detention, physical or psychological injury, repeated harassment, or persistent discrimination.

To initiate legal action:

1. Determine if you have a strong case against police: Ensure you have evidence of serious harm and have ideally attempted a complaint first.

2. Choose the appropriate court:

• County Court: standard claims under £100,000.
• High Court: complex cases or claims over £100,000.

3. Complete a claim form: Detail the facts, harm suffered, and remedies sought.

4. Attach all evidence:

• Photos, videos, medical reports.
• Witness statements and official documents.
• Any prior complaint to police or IOPC (strengthens your case).

5. Observe legal time limits:

• 6 years: non-physical harm or property damage.
• 3 years: personal injury claims.
• Time runs from the incident date or when you became aware of the harm

Although filing a prior complaint isn’t mandatory before civil actions against the police, it’s highly recommended as it demonstrates you attempted resolution through proper channels first. This strengthens your case against police considerably.

FAQs

How long does it take to receive a response after filing a complaint?

You’ll typically receive an initial acknowledgment within a few days to weeks. Full investigations generally take 3-6 months, though complex cases can extend beyond a year. You’re entitled to request regular updates throughout the process.

What should I do if I face retaliation after filing a complaint?

Retaliatory behaviour is illegal. Contact your solicitor or the IOPC immediately and document every incident. They can take protective measures to safeguard your rights and safety.

Can I file a complaint anonymously?

Yes, anonymous complaints are accepted, but they limit investigation effectiveness since the IOPC cannot easily contact you for additional information or witness details. A solicitor can help you balance protection with the strength of your complaint.

Can you use self-defence against police?

You can use reasonable force in self-defence only if an officer is using unlawful or excessive force and you reasonably believe you’re in immediate danger. However, this is extremely risky legally.

Filing a police complaint is your legal right and doesn’t require a solicitor, though professional guidance strengthens your case significantly. Understanding the process, your self-defence rights, and available protections ensures you can pursue justice confidently while safeguarding your interests throughout the investigation.

Need help filing your complaint?

Qredible’s network of experienced solicitors specialises in police misconduct cases and can guide you through every step, from filing to resolution.

KEY TAKEAWAYS:

• You have the right to file a formal complaint against the police in the UK when their conduct is abusive, discriminatory, or unlawful.
• Complaints and civil actions serve different purposes: complaints aim for acknowledgment or corrective measures, while civil claims seek financial compensation.
• Following a structured process and providing clear evidence increases the effectiveness of your complaint and potential legal action.
• Consulting a solicitor specialised in human rights can provide guidance, ensure your rights are protected, and help navigate complex cases.