Every member of South Wales Police knows the vital importance of providing the highest possible level of service to the public. It is the basis of all we do.
However, there may be an occasion where you feel that the conduct of an officer falls below the standard that can be expected or that their actions may have breached the Police Discipline Code. If this happens, your have the right to complain.
Should I make a complaint and what should I include?
First decide what you think the officer or officers did wrong. Unless, there are exceptional circumstances, a complaint should be made within 12 months of the alleged incident.
Your complaint should include:
When it happened
What happened
What was done
Whether there were any independent witnesses and, if so, how or where they can be contacted
What proof exists of any damage or injury
How do I make a complaint?
You can follow any of these steps:-
- Go to any police station where the senior police officer (usually an inspector or sergeant) will meet you and talk to you about it
- Visit your local Citizen's Advice Bureau where you will be guided through the grounds for you complaint
- Contact your solicitor or an MP
- Write a letter with a full account of the incident to the Chief Constable
- Write directly to the Independent Police Complaints Commission, 90 High Holborn, London WC1V 6BH who will contact the Chief Constable of the force involved
You can ask someone to make your complaint for you - for instance the Citizen's Advice Bureau, Law Centre or even a friend - as long as they have authorisation from you in writing
What will happen to my complaint?
The force will review the complaint against its officers to determine whether an official complaint should be recorded. If it is a less serious complaint, the force may be able to resolve it informally with an appropriate explanation of apology, with your agreement.
More serious complaints or instances where you are not satisfied with an informal resolution must be investigated by a senior police officer. The force must notify the IPCC about the most serious complaints as soon as they are recorded.
In certain cases the Independent Police Complaints Commission (IPCC) would be required by law to supervise any investigation. In others, it may choose to do so.
Independent cases
The IPCC appoints an investigating team from its own staff and investigates the complaint without any police involvement in the investigation.
Managed cases
The IPCC appoints an Investigating Officer from its own staff, who will manage the investigation usually conducted by an outside police force.
Supervised cases
The IPCC approves the appointment of the investigating officer, decides how the investigation should be carried out, reads all the statements made and reviews all the evidence. The final report is submitted to the IPCC to ensure it is satisfied with the way the investigation has been carried out.
Unsupervised cases
Where the IPCC does not supervise, the force will appoint an officer to investigate the complaint.
What will happen after the investigation?
The Crown Prosecution Service must decide whether any criminal charges will be brought against any police officers as a result of the complaint.
The Police Complaints Authority will determine whether there has been a breach of the Police Discipline Code and whether any officers should face disciplinary charges.
You will be informed if there is to be a disciplinary hearing, and you are likely to be asked to attend as a witness.
Alternatively, it may be that the officer will be subject to less formal disciplinary action such as 'advice' or 'admonishment' or perhaps it will be determined that no action should be taken.
What if there are no charges?
If there are no disciplinary charges, you will receive a letter explaining the outcome of your complaint.
What if I don't want to co-operate with an investigation?
You should remember that you are a vital witness to any investigation and that if you fail to co-operate - for example by refusing to give a statement - it may mean that your complaint will not be fully investigated.
Can I take a civil action?
Making a complaint does not affect your right to take the police to court and sue for damages. For advice on taking civil action you should contact a solicitor.