Police Complaints

1. Police Complaints Inspector Christian Ellis

2. Aim • To understand different types of complaints • To understand how to deal with complaints

3. Two types of complaint • Complaint Against the Police A complaint about the conduct or behaviour of an individual which must be recorded and managed • Direction and Control Complaint A complaint about the manner in which the organisation delivers policing services

4. Examples • A complainant alleges that when spoken to by a police officer / member of police staff, abusive language was used. Complaint Against Police • A complainant alleges at the time of their arrest the arresting officer applied handcuffs too tightly. Complaint Against Police • A complainant alleges that an officer / member of police staff discriminated against them on the basis of their race / religion / sexuality etc. Complaint Against Police.

5. Example • A person with mobility difficulties complains that they were unable to gain access to a Police Station because of the lack of facilities. Direction and Control • A complainant alleges that ‘speed cameras’ are deployed purely as a money making exercise. Direction and Control. • A person has reported a crime and asks to see an officer, it takes in excess of 48 hours for the Police to respond, the victim complains about the response time but has no complaint about the officer who did eventually attend. Direction and Control

6. Example • A person has reported a crime and asks to see an officer, it takes in excess of 48 hours for the Police to respond, the victim complains about the response time and complains that the officer who attended appeared to have been drinking alcohol. Direction and Control AND Complaint Against Police. In this scenario it will be necessary to record and deal with both aspects of the complaint, the complaint about the individual will always take primacy, when that has been dealt with the Direction and Control issue can be addressed.

7. Complaints Against Police Categories • Honesty and integrity • Fairness and impartiality • Politeness and tolerance • Use of force and abuse of authority • Performance of duties • Lawful orders

8. Complaints Against Police Categories 7. Confidentiality 8. Criminal offences 9. Property 10. Sobriety 12. Appearance 13. General conduct

9. How Might You Receive a Complaint? • In person • Telephone call • Letter • E-mail • Via a third person: Solicitor Citizens Advice Bureau. • Allocated a complaint

10. Who Can a Complaint be Made About? • Police Officers of all ranks; • Police Community Support Officers • Communications Staff • Front Office Staff • Admin Staff • Special Constables

11. Who Can Make a Complaint? • The ‘victim’ of the alleged conduct / behaviour • A person acting on the above person’s behalf with written consent – friend, relative, solicitor, MP, etc (solicitors are always assumed to have the consent of their client); • A person who has personally witnessed the incident (and would provide admissible evidence. This excludes someone who perhaps has seen an incident on the television);

12. Who Can Make a Complaint? • A member of a different force who was off duty at the time of the alleged conduct. • A person who has been adversely affected by the conduct, e.g. relative in a death in custody type case (suffered any form of loss or damage, distress or inconvenience, put in danger or unduly put at risk of being adversely affected)

13. Who Can’t Make a Complaint? • A member of any force who was on duty at the time of the alleged incident (So an off duty officer in a Force area other than his / her own Force area can make a complaint) • Someone who was under the direction and control of the same chief officer as the person against whom the allegation is made.

14. What is a Complaint? The conduct of an individual or group: • Criminal offences Theft Assault Unlawful arrest/detention Perjury • Failure in standards Rudeness Neglect of duty Abuse of authority

15. Complete a Complaint Form

16. Resolutions to Complaints • Withdrawal of the allegation -ensure they sign • Local Resolution -complainant has some ownership • Dispensation/ Discontinuance -no grounds but explain • Formal investigation -full investigation

17. Local Resolution DO: • Listen to the complainant and treat their concerns seriously • Explain the complaints procedure fully so that the complainant can make an informed judgement – provide them with a leaflet covering the complaints system and LR. • Ask the complainant what they wish to achieve from making the complaint • Tell the complainant if their expectations are unrealistic • Give the complainant time to consider their course of action

18. Local Resolution (Do Not) Do: • Keep the complainant informed of what you are doing specifically if the procedure is going to be delayed • Keep a full record of actions and meetings • Consider early financial compensation where police are at fault. Agree what action you are going to take Do Not: • Pressure a complainant to accept Local Resolution against their wishes • Agree to take action you cannot achieve

19. Investigations & Outcomes • The seriousness of the complaint • The prospects of a criminal trial or misconduct proceedings resulting • The prospects of the complaint being upheld • The investigation producing learning • Investigations need to be proportionate to:

20. Investigations & Outcomes • Investigations: • Local Resolution • Misconduct • Gross Misconduct • Outcomes: • Locally Resolved • Withdrawal / Dispensation / Discontinuance • No Further Action • Management Action • Misconduct Meeting • Misconduct Hearing

21. MISCONDUCT MEETING • Chaired by: • A Police Officer (at least one rank above the accused officer). OR • By a Police Staff Member more senior to the accused officer - unless the case is substantially about Operational Policing issues) • Sanctions: - • management advice; • written warning; or • final written warning

22. MISCONDUCT HEARING • Panel of 3: • Chaired by Senior Police Officer (ACC / DCC) or Senior HR person • Supt (or if the Chair is a Senior Police Officer then Supt can be replaced by an HR professional) • a ‘lay person’ appointed from a list maintained by Police Authority. • Sanctions: - • management advice; • written warning; • final written warning; • dismissal with notice; or • dismissal without notice.

23. Structure

24. A Checklist for Handling Complaints • Does a member of the public have a concern that may be a statutory complaint against a member of the police? • Establish whether or not the complaint is against individual members of the force, or about the organisation and its policy and procedures, quality of service, etc (Direction and Control) • Be as open as possible about the complaints procedures and the options available to complainant. • Do I need to preserve the scene/evidence?

25. A Checklist for Handling Complaints • Do not try to discourage complainants from making complaints or be overly defensive. • Have I made arrangements to deal with any particular needs that the complainant may have? • Have I got all the information required for the complaints form? • Is it suitable for Local Resolution or should it be passed to PSD? • Do I need to tell someone immediately? • Do I need to seek advice from PSD?

26. A Checklist for Handling Complaints • Is it possible to resolve the complaint right away? • Can you satisfy their concerns right away - give explanation, arrange meeting, if you have immediately locally resolved the complaint pass to PSD for recording with the complaints form. • If the complainant decides that they do not wish the complaint to be formally recorded, then there is no need to take further action. • Does the complainant have a good understanding what will happen next?

27. It is important that the Public know that we will be open and act with integrity when investigating Police Officers and Staff.

28. Oversight • Within each Force you have Professional Standard Department • National Independent Police Complaints Commission.