Complaints Resolved through Investigation

There are certain categories of complaint that must be referred to the IPCC.

• Allegations of assault
  
• Allegations of ‘hate’ crime
  
• Allegations of corruption
  
• Cases involving serious injury
  
• Allegations of serious offences
  
• Cases involving deaths in custody
  
• When police shooting is involved.
  

In other situations the police have discretion to refer the matter to the IPCC. The IPCC can also decide to deal with any particular case. If a case is referred to the IPCC it can be dealt with in one of three ways. In the most serious cases, the IPCC will conduct a completely independent investigation. For slightly less serious cases the IPCC will manage a police investigation (‘managed’ investigations). In the majority of cases the police will handle the complaint and the IPCC will supervise the investigation (‘supervised’ investigation) or the police alone will deal with the case (‘local investigation’ not to be confused with ‘local resolution’ above).

In reality, there will be some form of police involvement in all but a tiny minority of complaints. Particular areas of expertise and resources will continue to rest with the police. The mix of IPCC and police involvement in investigations will vary depending on the nature and needs of individual cases.

Once the investigation has been completed the IPCC will prepare a report or will receive a report if the police supervised the complaint. You should be kept informed of the progress of your compliant and there is a presumption that you will be able to have access to any documents or other relevant information. Once the investigation has been concluded you will be informed of the conclusion. If the case is serious and your complaint is upheld it may result in disciplinary action or even criminal proceedings.

If you are unhappy with the manner in which a local or supervised investigation has taken place you can appeal against the decision. The appeal right does not extend to managed investigations or investigations which the IPCC has taken on independently. However, as the IPCC is a public body you can challenge the legality of any decisions made through Judicial Review.