Who can make a complaint

Who can make a complaint?

Complaints not about the conduct of individuals

Complaints about the conduct of individuals

A complainant must be:   A member of the public who was adversely affected by the matter complained about *See definition of adversely affected below   Someone acting on behalf of someone who was adversely affected by the matter complained about (Consent must be provided)

A person cannot make a complaint if:   At the time of the alleged conduct they were under the direction and control of the same chief officer as the person whose conduct it was   They are a person serving with the police, a National Crime Agency officer or a person on relevant service (within the meaning of section 97(1)(a) or (d) of the Police Act 1996) and were on duty at the time that the conduct took place in relation to them, they were adversely affected by it and they witnessed it.

 

Who cannot complain?

Complaints not about the conduct of individuals

Complaints about the conduct of individuals

A person cannot make a complaint if they are a person serving with the force complained about, unless they are a designated community support volunteer or police support volunteer.

A person cannot make a complaint if:   At the time of the alleged conduct they were under the direction and control of the same chief officer as the person whose conduct it was   They are a person serving with the police, a National Crime Agency officer or a person on relevant service (within the meaning of section 97(1)(a) or (d) of the Police Act 1996) and were on duty at the time that the conduct took place in relation to them, they were adversely affected by it and they witnessed it.

 

Definition of witness

A person can be said to be a witness to the conduct if, and only if:

• They have acquired their knowledge of the conduct in a manner which would make them a competent witness capable of giving admissible evidence of that conduct in criminal proceedings, or
• They possess or have in their control anything that could be used as admissible evidence in such proceedings

Definition of adversely affected

A person will be considered to have been adversely affected if they have suffered any form of loss, damage, distress or inconvenience as a result of the matter complained about, if they have been put in danger or otherwise unduly put at risk of being adversely affected.

A person will not be considered to have been adversely affected solely by virtue of having seen or heard about the conduct or its effects, (for example, in the news or being told about it by a third party, unless they:

• Were physically present or sufficiently nearby when the conduct took place, or the effects occurred, and saw or heard the conduct or its effects, or
• Were adversely affected due to the fact that they knew the person directly affected by the conduct before it happened