Complaints
- How to complain
If you think that a Police Officer, Special Constable or Police Staff employee has behaved incorrectly or unfairly, you have the right to make a complaint.
Should I make a complaint?
First, decide what you think the Police employee or employees did wrong. For example: - Did they fail in their duty?
- Did they use excessive force?
- Were you unlawfully arrested?
- Were your rights abused?
In these or other circumstances you are entitled to complain. Unless there are exceptional circumstances you should make your complaint within 12 months of the alleged incident or event.
What detail should my complaint contain?
Here's a checklist to help you:
- When it happened?
- Where it happened?
- What happened?
- What was done or not done?
- What was said?
- Who did what (if more than one employee involved)?
- Whether there were any witnesses, other than yourself?
- Where the witnesses can be contacted?
- What damage or injury was caused?
- What evidence there is (e.g. medical evidence, CCTV or photographs)?
How do I make a complaint?
There are a number of ways you can make a complaint, choose the one which is easiest for you:
Go into any police station in Nottinghamshire and ask to see the senior officer on duty (this will be an inspector or sergeant) who will, with your assistance, complete a complaints form. In certain circumstances, this can de done over the telephone. Alternatively,
email a full account to the Professional Standards Directorate.
Write a full account to:
The Chief Constable
Police Headquarters,
Sherwood Lodge,
Arnold,
Nottingham
NG5 8PP
Visit your local Citizens Advice Bureau who can advise whether you have grounds for your complaint and assist you in writing to the force You can contact your solicitor or your Member of Parliament
Get someone else to put forward your complaint (e.g. Citizens Advice Bureau, Law Centre, friend or neighbour), as long as they have a letter from you authorising them to act on your behalf and they enclose a copy of this letter in any correspondence with the force
Write directly to:
Independent Police Complaints Commission
90 High Holburn Road
London
WC1V 6BH
Complete a complaint on line at the IPCC web site (see link below) If your complaint is about the Chief Constable, the Deputy Chief Constable or the Assistant Chief Constable write to:
The Chief Executive, Nottinghamshire Police Authority
County Hall
West Bridgford
Nottingham
NG2 7QP
What will happen to my complaint?
The Chief Constable (or Chief Executive, Nottinghamshire Police Authority) must decide whether to record a complaint:
Less serious complaints
If you would be satisfied with an explanation or an apology, where appropriate, the police may be able to resolve your complaint locally. This will normally be undertaken by a local manager with responsibility for the area where the person complained of works. This process is known as Local Resolution
Serious complaints
If a Local Resolution is not acceptable to you, or if the complaint raises certain more serious allegations, it must be fully investigated. All police forces must notify the most serious complaints to the Independent Police Complaints Commission (IPCC) as soon as they are recorded. The IPCC may choose to Supervise, Manage or Independently investigate certain cases or they may choose to let the force do a Local Investigation.
Supervised cases
In supervised cases the IPCC approves the appointment of the Investigating Officer (who can be from another police force or from the Nottinghamshire Police), and agrees the terms of reference for the investigation with the force investigator. The IPCC’s role at that point finishes unless there is a later appeal in relation to the investigation conducted by the force.
Managed and Independent Investigations
The IPCC may choose to Manage or Independently investigate complaints in the most serious of cases. These are usually, but not always, cases where there has been the death of a person or very serious injury caused as a result of Police contact. If the investigation is managed or independent, the IPCC will be in contact with you to explain what will happen.
Cases deemed suitable for local investigation by the force
Where the IPCC does not supervise, manage or independently investigate a case, Nottinghamshire Police will appoint an officer to investigate the matter.
What will happen after the investigation?
The Crown Prosecution Service must decide whether any criminal charges will be brought against police employees.
If no criminal charges are brought, in a Local or Supervised investigation the local force then decides whether or not any police employees should face misconduct proceedings. Action can only be taken if it can be proved that an employee has breached the Code of Conduct.
If there is a misconduct hearing you will be told by the police. You may be asked to attend; indeed you are likely to be an important witness.
It may be that no action is to be taken or the employee is to receive a formal warning or 'advice'.
In a Managed or Independent investigation, the IPCC will advise you what will happen once the investigation is completed.
What if there is no action?
If no action can be taken as a result of a Local or Supervised investigation, you will have the right to appeal to the IPCC if you are dissatisfied with the investigation conducted by the Police, or you disagree with the outcome or proposed action by the Police. You will receive a personal letter from a senior officer in the force explaining the outcome of your complaint.
Can I take civil action?
Making a complaint does not affect your right to take the police to court and sue for damages. For advice on such civil actions you should contact a solicitor.
What if I don't co-operate later?
You should remember that a failure to co-operate, such as by refusing to give a statement or unnecessarily delaying an investigation may mean your complaint will not be fully investigated. Under these circumstances the Police can apply to the IPCC for a dispensation to stop the investigation.
IPCC
From April 1st 2004 major changes were introduced to the way the police complaints system works in England and Wales. The new system has been designed to raise standards, cut delays, increase public confidence and transform the way police forces handle complaints from the public.
Click here to access the IPCC website
Key new measures include:
For the first time a person making a complaint will be able to appeal to the IPCC after an investigation, if the force refuse to record a complaint or if they feel that the proper procedure for Local Resolutions has not been adhered to.
People other than victims will be able to make a complaint. Anybody who has been "adversely affected" by an incident and anyone who has directly witnessed an incident can now register a complaint
Anyone working for the police service, not just Police Officers, will be covered by the new arrangements. This includes police staff, Special Constables, community support officers and contracted escort and detention officers.
COMPLAINTS ABOUT THE POLICE AUTHORITY MEMBERS AND STAFF
As a public authority it is important that Nottinghamshire Police Authority is an efficient and effective organisation. If we don’t get things right we would like the public to tell us. Equally, we are always appreciative of any complimentary comments when our staff have done something particularly well. When we get something wrong we will apologise and try to put things right.
WHO CAN COMPLAIN?
Any member of the public or nominated third party, such as a relative or friend (with your consent) who believes the Authority, a Member of the Authority or a member of staff has:
· Treated them unfairly in the way they have conducted police authority business;
· Acted in an inappropriate or discourteous manner;
· Done something badly or provided misleading information;
· Failed to deliver a service within the time specified.
COMPLAINTS PROCEDURE
The processes for dealing with each type of complaint are different and these are described in the following pages.
Please note that your complaint can be made in writing or by email. It is also possible to make a complaint orally in person or via the telephone by prior appointment.
If your complaint is upheld you are entitled to expect one, or a combination of the following:
· An apology;
· An explanation;
· An assurance the mistake will not happen again;
· Details of action taken to put things right.
If you require this information in an alternative format (for example, Large font or Braille), please contact us on 0115 977 4897.
Complaints about the conduct of Members of the Police Authority:
If it is believed that a Member of the Authority has breached the Code of Conduct (as detailed on our website https://www.nottinghamshire.police.uk/npa// within the Library section), then your complaint should be submitted in writing/via email/orally to the Chair of the Standards Committee, Nottinghamshire Police Authority.
Chair of the Standards Committee
Nottinghamshire Police Authority
County Hall
West Bridgford
Nottingham
By Calling: 0115 977 4897 In these circumstances, it will be necessary to make an appointment to either have the details of your complaint transcribed, or you could attend County Hall and outline your complaint in person.
Email: npa@nottinghamshire.pnn.police.uk
Following changes to the Standards Framework, as of 8th May 2008, the responsibility for considering complaints that a Member may have breached the Code of Conduct has moved from the Standards Board for England and a new, more locally based standards framework is in place. As a result of this change, the Standards Committee is responsible for managing the initial assessment of all allegations that a member of the Nottinghamshire Police Authority may have breached the Code of Conduct.
An acknowledgement of your formal complaint will be provided within 10 working days.
In order to process your complaint efficiently, please include the following information:
· Your name, address and other contact details;
· Your status (e.g. Member of the Public, fellow Member or Officer);
· Who the complaint is about;
· Details of the alleged misconduct including, where possible, dates, witness details and other supporting information.
Alternatively a Form is available for you to complete. Please contact us to obtain a copy.
Please note that in the interests of fairness, your identity will be disclosed to the Member against whom you have raised the allegation unless exceptional circumstances apply.
Initially any complaint will be considered by the Chief Executive or Deputy Chief Executive (in the event of a conflict of interest.) to see if the matter may be satisfactorily resolved without the need to operate the formal procedures. In appropriate cases the Chief Executive or Deputy may convene the Appeals Panel of Authority Members to consider a case, with the agreement of the complainant. The Chief Executive will also identify any potentially vexatious and /or multiple complaints and respond to the complainant as appropriate.
Subject to this the initial assessment of the complaint is reviewed by an Assessment Sub-Committee, the purpose of which is to simply decide whether any action should be taken on the complaint (either as an investigation or some other action). If the Sub-Committee decides to take no further action, you may make a request for the decision to be reviewed by a Review Sub-Committee, using the same contact procedure. This request must be lodged within one month of receiving the response to your initial complaint.
In the event that a complaint is investigated and subsequently considered by the Standards Committee and you believe that your complaint remains unresolved, you can appeal against the decision to the President of the Adjudication Panel for England. This appeal must be lodged within 21 days of receiving the response to your initial complaint.
Complaints about the way the Authority conduct its business (including the way staff within the Chief Executive’s Office conduct themselves)
If you wish to complain about the way the Authority conducts its business or the way staff within the Chief Executive’s Office have conducted themselves please contact the Chief Executive either:
In writing – The Chief Executive,
Nottinghamshire Police Authority
County Hall
West Bridgford
▪ By Email – npa@nottinghamshire.pnn.police.uk
- · Call – 0115 977 4897. In these circumstances, it will be necessary to make an appointment to either have the details of your complaint transcribed, or you could attend County Hall and outline your complaint in person.
An acknowledgement of your formal complaint will be provided within 10 working days and, once investigated, you will be contacted with details of the results of the investigation and what action, if any, will be taken.
If you believe your complaint has not been satisfactorily resolved you can appeal against the decision to the Standards Committee for Nottinghamshire Police Authority, using the same contact procedure. This appeal must be lodged within one month of receiving the response to your initial complaint.
Complaints in relation to the Chief Executive
If you wish to complain about the Chief Executive, please contact the Chair of Nottinghamshire Police Authority either:
· In writing – Chair, Nottinghamshire Police Authority
c/o Deputy Chief Executive and Treasurer to Police Authority
Address as above
▪ By Email – npa@nottinghamshire.pnn.police.uk
· Call – In these circumstances, it will be necessary to make an appointment to either have the details of your complaint transcribed, or you could attend County Hall and outline your complaint in person.
An acknowledgement of your formal complaint will be provided within 10 working days and, once investigated, you will be contacted with details of the results of the investigation and what action, if any, will be taken.
If you believe your complaint has not been satisfactorily resolved you can appeal the decision with the Standards Committee for Nottinghamshire Police Authority using the same contact procedure. This appeal must be lodged within one month of receiving the response to your initial complaint.
Complaints in relation to the Treasurer
If you wish to complain about the Treasurer, please contact the Chief Executive either:
· In writing – The Chief Executive
Nottinghamshire Police Authority
County hall
West Bridgford
Nottingham
▪ By Email – npa@nottinghamshire.pnn.police.uk
· Call – (0115 977 4897) In these circumstances, it will be necessary to make an appointment to either have the details of your complaint transcribed, or you could attend County Hall and outline your complaint in person.
An acknowledgement of your formal complaint will be provided within 10 working days and, once investigated, you will be contacted with details of the results of the investigation and what action, if any, will be taken.
If you believe your complaint has not been satisfactorily resolved you can appeal the decision with the Chair of Nottinghamshire Police Authority using the same contact procedure. This appeal must be lodged within one month of receiving the response to your initial complaint.