How Can I Complain About Police Treatment?

If you believe the police have treated you unfairly, unlawfully or improperly, you may be able to make a formal complaint about the police. This can include complaints about excessive force, unlawful arrest or detention, discriminatory treatment, inappropriate behaviour, failure to follow proper procedures or the way the police handled your case.

You can complain about police treatment by contacting the police force involved or through the Independent Office for Police Conduct (IOPC). You can make a complaint online, by calling 101, in person at a police station, or in writing to the relevant police force's Professional Standards Department.

You can usually make a complaint yourself, but getting legal advice may be helpful if the complaint involves serious misconduct, an injury, unlawful arrest, discrimination or an allegation of criminal behaviour by a police officer.

Table of Contents

What Can I Complain About the Police?

You can complain about many aspects of police conduct, including how an officer treated you, the way you were arrested or detained, the use of force and how the police handled your complaint or investigation.

Examples include:

• Unreasonable or excessive use of force.
• Unlawful or inappropriate arrest.
• Unlawful detention.
• Poor treatment while in police custody.
• Offensive, threatening or inappropriate behaviour by an officer.
• Discriminatory treatment.
• Failure to provide appropriate assistance or information.
• Failure to follow proper police procedures.
• Concerns about a police search.
• Concerns about fingerprints, photographs or DNA being taken.
• Concerns about how your property was treated.
• Poor communication or unreasonable delays.
• Concerns about how the police handled your case.
• Allegations of dishonesty or corruption.
• Concerns about an officer's conduct towards you or another person.

The complaints process is separate from the criminal investigation itself, so making a complaint does not automatically stop or change a criminal investigation.

How Do I Make a Complaint About the Police?

You can make a police complaint directly to the police force involved, either online, in writing, by telephone or through another available complaints route.

You can generally:

• Complain directly to the police force involved.
• Contact the relevant police force's Professional Standards Department.
• Make a complaint through the IOPC where appropriate.
• Ask someone else to help you make the complaint.
• In some circumstances, have a solicitor assist with the complaint.
• Provide supporting documents, photographs, videos or other evidence.

You should explain clearly:

• What happened.
• When and where it happened.
• Which officers were involved, if known.
• What you believe was wrong.
• Whether you suffered an injury or loss.
• Whether there were witnesses.
• What evidence you have.
• What outcome you are seeking.

Try to keep your complaint factual and provide as much relevant information as possible.

Can I Complain Directly to the IOPC?

The IOPC oversees the police complaints system in England and Wales, but it does not investigate every complaint itself. Many complaints are dealt with by the police force concerned under the complaints system.

The IOPC may:

• Independently investigate certain serious incidents or complaints.
• Direct or supervise certain investigations.
• Set standards for the police complaints system.
• Review how certain complaints have been handled.
• Provide information about the complaints process.

Whether the IOPC becomes directly involved depends on the nature and seriousness of the complaint.

For straightforward complaints, you may initially be directed to the relevant police force.

What Is the Difference Between a Police Complaint and an IOPC Investigation?

A police complaint is an expression of dissatisfaction about the service or conduct of the police, while an IOPC investigation is a formal investigation carried out or overseen by the IOPC in cases that meet the relevant criteria.

For example:

• A complaint may concern an officer's behaviour.
• A complaint may concern how you were treated at a police station.
• A complaint may concern excessive force.
• A serious allegation may be referred to the IOPC.
• The IOPC may independently investigate certain serious matters.
• Other complaints may remain with the police force's professional standards department.

The fact that you make a complaint does not necessarily mean the IOPC will investigate it.

Can I Complain About Excessive Police Force?

Yes. You can complain if you believe the police used excessive, unnecessary or unreasonable force against you.

Your complaint should explain:

• Why the police used force.
• What type of force was used.
• How long the force lasted.
• Whether you were restrained.
• Whether you suffered an injury.
• Whether you received medical treatment.
• Whether witnesses saw what happened.
• Whether CCTV, body-worn video or other footage may exist.
• Whether you believe the force was unnecessary or disproportionate.

If you have photographs of injuries, medical records or other evidence, keep them safely.

Where serious injury or other serious circumstances are involved, the matter may be subject to a different level of investigation.

Can I Complain About Being Unlawfully Arrested?

Yes. If you believe the police arrested you without lawful grounds or failed to follow the correct procedure, you can raise this as part of a police complaint and may also have other legal remedies.

An unlawful arrest can potentially involve:

• No reasonable grounds for the arrest.
• Failure to explain the reason for arrest where required.
• Arrest for an improper purpose.
• Failure to follow relevant legal safeguards.
• Unlawful detention following arrest.

A police complaint is not necessarily the only option.

Depending on the circumstances, you may need advice about whether there are grounds for:

• Challenging the legality of the arrest.
• Challenging evidence obtained following the arrest.
• Bringing civil proceedings.
• Making a complaint about police conduct.
• Taking other action in relation to the investigation.

If you believe your arrest was unlawful, speak to a solicitor as early as possible.

Can I Complain About How I Was Treated at the Police Station?

Yes. You can complain about inappropriate or unfair treatment while you were detained at a police station.

This could include concerns about:

• How officers treated you
• Your treatment during detention
• Access to legal advice
• Food, water or basic welfare
• Medical assistance
• Appropriate adult arrangements
• Searches
• Use of restraints
• Fingerprints, photographs or DNA procedures
• Your police interview
• Property taken from you
• Delays or failures to follow custody procedures

Keep any paperwork given to you when you were released, as it may help establish what happened and when.

Can I Complain About Police Discrimination?

Yes. You can complain if you believe a police officer treated you unfairly or differently because of a protected characteristic or for another discriminatory reason.

Your complaint should explain:

• What the officer said or did.
• Why you believe the treatment was discriminatory.
• Who was present.
• Whether there were witnesses.
• Whether you have recordings, messages or other evidence.
• Whether the treatment affected your arrest, detention or investigation.

Discrimination allegations can be particularly serious and may require specialist legal advice.

What Evidence Do I Need to Complain About the Police?

You do not necessarily need evidence before making a police complaint, but providing relevant evidence can help the complaint to be assessed and investigated.

Useful evidence may include:

• Police paperwork.
• Custody records.
• Arrest records.
• Witness statements.
• Photographs of injuries.
• Medical records.
• CCTV footage.
• Body-worn camera footage.
• Mobile phone recordings.
• Photographs or videos.
• Emails or messages.
• Letters from the police.
• Details of police officers involved.
• Dates, times and locations.
• Your own written account of what happened.

If you have potential evidence, keep the original files and avoid editing them.

Can I Request Police Body-Worn Video?

You may be able to request access to personal information held about you, which can include relevant police body-worn video, subject to data protection rules and applicable exemptions.

Body-worn video can potentially be important evidence in a complaint involving:

• Arrest
• Use of force
• Stop and search
• Police conduct
• Detention
• An incident involving an officer

However, access to footage is not automatic. Police may need to consider privacy, investigations and other legal restrictions before releasing information.

If the footage could be important to a complaint or criminal case, obtaining legal advice can be useful.

Is There a Time Limit for Making a Police Complaint?

There can be time limits and procedural requirements for police complaints, so you should make your complaint as soon as reasonably possible.

Making a complaint promptly can help because:

• Evidence may be easier to identify.
• Witnesses may have clearer memories.
• CCTV may only be retained for a limited period.
• Body-worn video may be subject to retention policies.
• Relevant records are easier to locate.
• Delays can make it harder to investigate what happened.

If you are outside the normal time period, you should still seek advice rather than assuming that you cannot complain.

What Happens After I Make a Police Complaint?

The complaint will be assessed and dealt with under the applicable police complaints procedure. The action taken depends on the nature and seriousness of the complaint.

The process may involve:

1. Your complaint being recorded.
2. An assessment of the complaint.
3. A decision about how it should be handled.
4. Collection of relevant evidence.
5. Speaking to witnesses or officers where appropriate.
6. Reviewing police records or footage.
7. An investigation or other form of handling.
8. A decision or outcome being provided.

Serious matters may be referred to or investigated by the IOPC.

Can I Complain About the Police While I Am Still Under Investigation?

Yes. You can complain about police treatment even if a criminal investigation against you is ongoing, but the complaint and criminal investigation are separate matters.

You should be careful, however, about what you say in a complaint if it could affect your criminal case.

For example:

• Your complaint may contain information about the incident.
• Statements you make could potentially become relevant.
• You should avoid making unnecessary admissions.
• Your criminal defence should remain your priority.
• A solicitor can help you decide what should be included in the complaint.

If you are still under investigation, consider obtaining criminal defence advice before submitting a detailed complaint.

Can Making a Police Complaint Affect My Criminal Case?

Making a complaint does not automatically stop or determine a criminal investigation, and you should not assume that it will affect the decision to charge you.

However, the circumstances can overlap.

For example:

• Your complaint may concern the same incident being investigated.
• Evidence relevant to your complaint may also be relevant to your defence.
• A complaint may identify potential breaches of police procedure.
• Information obtained during the complaints process may become relevant to other proceedings.

For this reason, if you are both complaining about police conduct and facing a criminal investigation, it is sensible to obtain legal advice before making detailed statements.

What Should I Do If I Have Been Mistreated by the Police?

If you believe the police have treated you unlawfully or improperly, record what happened, preserve any evidence and seek legal advice as soon as possible.

You should:

• Write down what happened while your memory is fresh.
• Record the date, time and location.
• Note the names or identifying details of officers involved.
• Keep police paperwork.
• Photograph any injuries.
• Obtain medical evidence where appropriate.
• Keep original photographs, videos and recordings.
• Identify potential witnesses.
• Avoid deleting relevant messages or evidence.
• Make your complaint promptly.
• Speak to a solicitor if the matter is serious or connected to a criminal investigation.

If you have been arrested or are still under investigation, ask for a criminal defence solicitor before discussing the circumstances in detail with the police.

Can I Claim Compensation for Police Misconduct?

In some circumstances, you may be able to bring a civil claim for compensation following unlawful or improper police conduct, but making a police complaint does not automatically result in compensation.

Depending on the circumstances, potential claims may involve:

• Unlawful arrest.
• False imprisonment.
• Assault or excessive force.
• Breach of human rights.
• Negligence in appropriate circumstances.
• Unlawful search or other police conduct.

The availability of a claim depends on the specific facts and evidence.

There can also be strict time limits for certain types of civil claims, so you should obtain legal advice promptly if you believe you may have a claim.

What Is the Difference Between a Police Complaint and a Claim Against the Police?

A police complaint asks the police complaints system to investigate or address concerns about police conduct, while a civil claim is a separate legal process that may seek compensation or another legal remedy.

A complaint may focus on:

• Officer conduct.
• Police procedures.
• Service provided.
• How you were treated.
• Whether misconduct occurred.

A civil claim may focus on:

• Whether the police acted unlawfully.
• Whether you suffered loss, injury or another legally recognised harm.
• Whether you are entitled to compensation or another remedy.

You may potentially have grounds for both, depending on your circumstances.

What If I Am Unhappy with the Outcome of My Police Complaint?

If you disagree with the outcome of a police complaint, you may have a right to request a review or appeal, depending on how your complaint was handled and the outcome provided.

Your outcome letter should explain:

• What was decided.
• How the complaint was handled.
• Whether you have a right of review.
• Who will deal with the review.
• Any applicable deadline.
• How to request the review.

You should check the outcome carefully and seek legal advice if you believe the complaint was not properly handled.

Can a Solicitor Help Me Complain About the Police?

Yes. A solicitor can help you assess the circumstances, gather evidence, prepare a complaint and advise you about other legal options that may be available.

A solicitor can help with:

• Reviewing what happened.
• Assessing whether police powers were used lawfully.
• Preparing a written complaint.
• Identifying relevant evidence.
• Advising about CCTV and body-worn video.
• Advising about unlawful arrest or detention.
• Advising about excessive force.
• Advising about discrimination.
• Communicating with the police or IOPC.
• Advising about potential civil claims.
• Protecting your position if you are also facing criminal proceedings.

A solicitor can also help you distinguish between a police complaint and a potential legal claim against the police, as they are not necessarily the same thing.

Can Moeen & Co. Solicitors Help with a Police Complaint?

Yes. Moeen & Co. Solicitors can advise you if you believe you have been treated unlawfully or improperly by the police.

Our solicitors can advise on matters including:

• Police complaints
• Unlawful arrest
• Unlawful detention
• Excessive use of force
• Police station treatment
• Stop and search
• Police misconduct
• Discrimination
• Fingerprints, photographs and DNA
• Police interviews
• Body-worn video and other evidence
• Potential civil claims against the police
• Criminal defence where a police investigation is ongoing

If you are also being investigated or prosecuted for a criminal offence, we can advise you about protecting your position while dealing with concerns about police conduct.

Need Legal Advice About Police Treatment?

If you believe you have been unlawfully arrested, detained, searched or treated improperly by the police, contact Moeen & Co. Solicitors on 0203 959 7755 for legal advice about your options.

We can help you understand whether you should make a police complaint, whether there are grounds for requesting a review, and whether you may have another legal remedy.