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Resolving your complaint

After your complaint has been recorded

If your complaint is recorded the next step is for the relevant police force or police authority to decide how best to resolve it. Most complaints are dealt with locally by the police force or PSD concerned. Complaints are usually resolved either by Local Resolution or local investigation.

• Types of investigation
• How you will be kept informed

Your complaint can be resolved by the following methods:

• Local Resolution
• Local investigation
• IPCC investigations

Most complaints are dealt with locally by the police force concerned.

Local Resolution is a way of dealing with complaints against the police at a local level – for example, through the involvement of an inspector at a police station or a police staff manager. Local Resolution can only be carried out with the agreement of the person making the complaint

The Local Resolution process is subject to the following:

• your complaint can only be dealt with by Local Resolution if you agree to it
• if you decide to have your complaint dealt with by Local Resolution, a process to resolve your complaint will be agreed between you and the police
• Local Resolution of your complaint cannot lead to disciplinary proceedings against an individual police officer or member or staff

More information on Local Resolution is available here.

If your complaint is not suitable for Local Resolution, a local investigation will be carried out by a police investigator. The investigator will usually be assigned from the police PSD but may also be from a local police division.

You will be informed how your complaint will be investigated, what co-operation is required from you, how a decision will be reached and what action will be taken at the end of the investigation. The type of investigation will depend on the nature and seriousness of your complaint and the likely outcome. An investigation might range from telephone enquiries conducted in a few hours to a more extensive process perhaps taking a number of months.

Complainants have a right of appeal to the IPCC following a local investigation.

You can appeal to the IPCC if you are unhappy with the outcome of the police investigation into your complaint. For further information see the IPCC appeal leaflets

If your complaint is more serious, the police may refer your complaint to the IPCC. The police must refer complaints and conduct matters that include the following allegations to the IPCC:

• incidents where someone has died or been seriously injured following direct or indirect contact with the police
• serious assault by a member of the police service
• serious sexual assault by a member of the police service
• serious corruption
• any criminal offence or conduct aggravated by discriminatory behaviour
• any relevant offence*

In the circumstances listed above, the IPCC may decide to conduct a supervised, managed or independent investigation. Alternatively, the IPCC may instruct the police to investigate on its own (local investigation).

* This means an offence for which the sentence is fixed by law or an offence for which a person of 18 years or over (not previously convicted) may be sentenced to imprisonment for a term of seven years (or might be so sentenced but for the restrictions imposed by section 33 of the Magistrates Courts Act 1980)

IPCC Supervised investigation

This investigation is conducted by the police under its own direction and control but is supervised by the IPCC. Supervised investigations are carried out when the IPCC decides that a complaint is of considerable significance and probable public concern.

The complainant has a right to appeal to the IPCC.

IPCC managed investigation

A managed investigation is conducted by the police but under the direction and control of the IPCC. Usually, managed investigations take place when the allegations are of such significance and probable public concern that the investigation needs an independent element.

There is no right of appeal against a managed investigation.

IPCC independent investigation

An independent investigation is conducted by IPCC staff into incidents that:

• cause the greatest level of public concern
• have the greatest potential to impact on communities
• have serious implications for the reputation of the police service

There is no right of appeal against an independent investigation.

Whether your complaint is handled by the police or by the IPCC, you have the right to be told how it will be dealt with, what action may be taken as a result and how decisions will be made. The police or the IPCC will also agree with you how often and by which method you would like to be kept informed.

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