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Police complaints guide: what is the difference between a police complaint and a police claim?

The police are there to help keep us safe, keep order and most importantly uphold the law. Most of the time, this is what they do. However, there are unfortunately cases where police act inappropriately or unlawfully which leads to mistrust in the police. This behaviour is often described as police misconduct, and for those who suffer from it, it is a deeply distressing experience.

After suffering such a traumatic experience at the hands of the police, it’s only understandable that you would want to make a complaint to express your upset and get action taken against those involved. However, some people may also want further action taken, as they may have suffered financial loss, physical injury or emotional distress. In these cases, you can make a civil claim for compensation against the police.

Police complaints and police claims are two different things, with differing outcomes. In this blog, we will explain the difference between police complaints and police claims, how to make each one and what outcome to expect from it.

A picture of the back of two police officers wearing high visibility police jackets and black police constable hats.

What is a police complaint?

If you are unhappy with the way you have been treated by the police or someone who works for them, you can make a police complaint. Police complaints involve raising concerns to the relevant police force about the actions or conduct of a police officer, officers or the whole force. Most police complaints are handled by the relevant police force, but in more serious cases, the complaint may be referred to the Independent Office for Police Conduct (IOPC), which oversees police complaints in England and Wales.

The point of police complaints is to make the police force aware of their behaviour or an incident that you’re unhappy with. It aims to address and investigate the issue internally and then ensure appropriate action is taken, whether this is disciplining officers involved or issuing an apology to the complainant.

The IOPC defines a police complaint as:

“An expression of dissatisfaction with the way someone has been treated or with the service they have received.”

Filing a police complaint is different to taking legal action against the police. Police complaints can be lodged by an individual without the need for a solicitor but it won’t provide you with compensation. In order to get compensation, you need to launch a civil claim against the police. Sometimes, police complaints can help compensation claims against the police where a civil infringement is confirmed in the written report.

How to make police complaints

You can make a complaint directly to the police force you are complaining about. This should be done within 12 months of the incident. They usually have a police complaints section on their website with a form you can fill in. This complaint will then be referred to the forces professional standards department to investigate.

The complaint should be a written statement with your full name, address, and contact information as well as details of the allegation, and complaints you are making, and who you are complaining about. To ensure you receive the desired outcome, it is important to provide as much detail about the incident and individuals involved as possible, including names, dates, badge numbers and witness testimony, if possible.

The Independent Office for Police Conduct (IOPC) provides a useful template on their website you can use for writing your complaint. For more information about how to make a police claim, read our blog.

A picture of a police car with it's siren and blue lights on driving at speed down a road

How police complaints work

Most police forces have a department, usually known as the professional standards department, that ensures complaints are dealt with appropriately. A police force, by law, must be able to investigate a complaint and be provided with the opportunity to explain, apologise and put it right.

Complaints are initially dealt with by the police forces themselves. The IOPC only get involved in the most serious or sensitive cases, such as death and serious injuries. If you file a complaint with the IOPC, they will send the complaint to the police force or local policing body involved in the case. They will then assess the complaint and get in touch to discuss how it will be handled.

Read more about what happens when you file a complaint against a police officer in our article.

What is a police claim?

A police claim is processed through the courts and deals with acquiring compensation from the police force for misconduct suffered. A civil claim, if successful, can result in damages and legal costs being paid by the defendant police force. The compensation recovered can help cover any financial losses suffered and compensate you for the ordeal.

How to make a police claim

If you have suffered any form of police misconduct or mistreatment, you could be entitled to compensation. It is advised to instruct a specialist action against the police solicitor to help you with your police claim, as they are highly contested, and it can be difficult for an individual to navigate the complex laws and regulations in order to get a successful outcome.

Get in touch with HNK Solicitors today to discuss the details of your action against the police claim. We have a team of expert police claim solicitors with many years of experience successfully obtaining compensation for clients from police forces. Recently, we helped a client obtain over £107,000 from the British Transport Police after he suffered a horrific assault and wrongful arrest.

A picture of a police van parked on the side of the road next to a house, in the foreground the street is cordoned off with blue and white police tape saying 'police line do not cross'

How a police claim works

There are set rules in place that the police must follow in order to carry out their job legally. These are outlined in the Police and Criminal Evidence Act (PACE) 1984. If the police do not follow these rules when making an arrest or dealing with the public, it can make their actions unlawful. Those that have suffered from unlawful police action could be entitled to claim compensation.

If you are mistreated by police, it can be a very distressing experience, leaving you feeling stressed, upset and mentally or physically injured. It can also lead to reputational damage or financial losses if you lose your job as the result of a false arrest or unlawful imprisonment, for example. All of this you can claim compensation for and an experienced police claims solicitor will be able to identify what you can claim for and fight to get the full compensation you deserve.

Once you get in touch with a police claim solicitor they will discuss the details of your case and gather the evidence you need to support your claim. They will handle the case on your behalf, communicating with the Defendant police force and pushing to get the outcome you desire.

Read our blog ‘Suing the police: everything you need to know’ to find out more about the police claims process.  

What can I make a police claim for?

There are many examples of police misconduct that you can claim compensation for, including:

If you feel you have suffered any of the above, get in touch with HNK Solicitors today to start your claim. We can take on cases on a no-win, no-fee basis, which means you won’t have to pay a penny if your claim is unsuccessful.

A police officer sat at a desk typing on a computer

HNK Solicitors can help with your police claim

If you are considering making a police claim, it is important to consult a solicitor as soon as possible as they will be able to advise on any time limits as well as ensure all evidence is gathered promptly to support your claim.

HNK Solicitors are experts in actions against the police claims. We understand this can be a difficult and distressing experience and we are trained to handle cases sensitively, providing you with all the support you need to get the justice you deserve.

To start your police claim today, fill in our online enquiry form and one of our team will be in touch to arrange a free, no-obligation consultation to discuss your claim in more detail. Alternatively, you can email our team at enquiries@hnksolicitors.com or call us at 0151 668 0814.

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