The Complaints System

The IOPC is the statutory body responsible for overseeing the police complaints system in England and Wales. Established under the Police Reform Act 2002, it replaced the Independent Police Complaints Commission in January 2018. It is a non-departmental public body accountable to Parliament through the Home Secretary but operationally independent of government, the police, and any other organisation.

The 'adversely affected' threshold

Not everyone can make a complaint. You must be someone 'adversely affected' by the conduct, directly affected, not merely concerned. The definition covers the person directly involved and, in some circumstances, their family members.

• Complaints, an expression of dissatisfaction by an adversely affected member of the public
• Conduct matters, a matter that may amount to criminal conduct or disciplinary proceedings, identified by the force itself; no public complaint required
• Death or serious injury matters, mandatory IOPC referral regardless of complaint
• Super-complaints, by a designated body to HMICFRS alleging that a feature of policing is harming the public (used by Suzy Lamplugh Trust for stalking in 2019)

You can complain directly to the force, through the IOPC online form at policeconduct.gov.uk, by post, or by phone. The IOPC form has a character limit of around 8,700 per text field (roughly 1,200 words). Gather: date, time and location; incident or crime reference; chronological account; officer collar number, rank and name if you have them; force; witness contact details; any BWV or CCTV; photographs; what you want to happen (the form offers options including learning, criminal prosecution, disciplinary procedures, apology, explanation, return of property, removal of information, policy review).

Under Schedule 3 of the Police Reform Act 2002 the IOPC has four distinct modes. Which mode applies determines who conducts the investigation, how much independence it has, and what outcomes are possible.

• Mode 1, Local investigation: the force investigates itself through its PSD. IOPC sets terms of reference but otherwise stays out. The least independent and most common.
• Mode 2, Supervised: the force investigates with active IOPC supervision. IOPC can direct and intervene.
• Mode 3, Managed: an IOPC investigator leads. The force provides support but the IOPC is in control.
• Mode 4, Independent: conducted entirely by IOPC investigators with the same powers as police officers. Officers can be interviewed under caution. Findings can be referred to the CPS. Reports are published.

Under PACE Code C paragraph 2.4A you or your legal representative may request a copy of the custody record as soon as practicable after detention has ended. The request must be made within 12 months of release. The record contains the reason for arrest, times of significant events, risk assessments, medical interventions, rights read to you, interview details, property taken, and release basis. It should be provided free of charge.

• Non-evidential, no complaint or proceedings: automatically deleted after 31 days per NPCC guidelines
• Potential complaint: minimum 31 days, then two additional 6-month protected categories under the Police Reform Act 2002
• Proceedings commenced: retained until all proceedings (including appeals) concluded
• Civil claim intimated: retained until proceedings concluded

Submit a SAR in writing to the force's data protection officer. Identify yourself and specify what data you are requesting. One month to respond, extendable to three. Free. Forces frequently rely on Data Protection Act 2018 exemptions: section 29 (prejudice to crime detection), section 31 (regulatory), section 38 (health and safety). Challenge through the ICO.

If you are charged, the prosecution must disclose any material that might reasonably be considered capable of undermining the prosecution case or assisting the defence. All investigation material must be listed on the MG6C schedule of unused material. Your solicitor should receive and review it. Material showing the absence of evidence of the alleged offence is undermining material and must be disclosed.

Anyone can request recorded information held by public authorities. Forces have 20 working days to respond. You do not have to explain why you want the information. WhatDoTheyKnow (whatdotheyknow.com) is the easiest way to submit and tracks responses publicly. Common exemptions: s.30 (criminal investigation), s.31 (law enforcement), s.38 (health and safety). All qualified, the public interest in disclosure must be weighed.

The IOPC cannot direct the police to apologise. It cannot direct a chief constable to take a specific disciplinary action. It cannot guarantee any outcome. When it reviews a complaint, it looks at how the police handled the complaint, not at whether the underlying conduct was wrong. The review is procedural. Justice in the broader sense requires other routes: criminal prosecution, civil litigation, or misconduct proceedings.