FAQs about the non-recording of an appeal

I have appealed against the force’s decision not to record my complaint, what happens next?

We will check to see if your appeal has been made within 28 calendar days from the date of the Force’s decision letter not to record your complaint. 

If your appeal is within the 28 days we will contact the police to request the background information concerning your complaint. Once we have received this information, which may take several weeks - we will then consider your appeal and inform you of our findings.

If your appeal was not received within 28 days, we will write to you to give you the opportunity to explain why. Depending on your response, we may decide that your appeal is not valid and we will not consider it any further. You will be notified of this decision. We can only consider late appeals in exceptional circumstances.

What does recording a complaint mean/involve?

When you make a complaint, the appropriate police force must decide whether your complaint is about the conduct of a person serving with the police. If it is it must be ‘recorded’, as it falls under the provisions of the Police Reform Act 2002. 

Your complaint will be dealt with within the specified processes for the police complaints system, providing it does not fall under particular exemptions as set down in law.

Forces are expected to make a decision within 10 working days about recording your complaint and advise you of this decision.  You can appeal if they fail to do either of these things.

Will the IPCC contact the police or me? 

Our role is to see whether the Force has correctly considered your complaint in line with the Police Reform Act 2002.

As we review your appeal it may be necessary for us to speak to the police or yourself to seek further documents or information.  

Will you advocate for me?

No.  The IPCC does not represent the interests or act on behalf of the police or complainants; we are an independent and impartial regulator.

What can the IPCC do?

If we feel the police have not followed the correct procedure we can uphold your appeal and instruct the Force to record your complaint.  At this point in the process, the IPCC cannot consider the merit of your complaint; we can only make a determination about whether or not it should be recorded.

Once a decision has been made we will write to you and explain the rationale for the decision.

What happens if I don’t agree with the IPCC decision?

There is no appeal right against our assessment of your appeal. When you make your appeal this is your opportunity to provide us with all the necessary information to be considered - you cannot provide additional information for consideration after the decision is made.

If you have any questions or need more information about the appeal decision please contact us so that we can explain the reasons for the decision and clarify any queries you have.

You should be aware that IPCC casework decisions are final. This means that any decisions made by the Commission and communicated to the parties involved can only usually be overturned by the courts through the judicial review process. You should seek your own legal advice if you intend to pursue this course of action. 

If you are not happy with the service you have received from the IPCC, or have any expression of dissatisfaction, you can make your complaint to the IPCC Internal Investigations Unit who will respond to your complaint accordingly.

Is this what you wanted? 

We hope this information has been useful, if our role is not what you expected and upon reflection, you want to withdraw your appeal please contact us as soon as possible.