When an individual experiences police misconduct, the impact extends far beyond that person. Police officers hold significant authority, empowered by legislation to arrest, search, detain, and enter private property. However, when these powers are abused whether through unlawful arrest, unlawful stop and search, excessive force, or illegal entry the trust of the legal system relies on affected individuals coming forward. 2024/ 25 saw an all time high in the number of complaints logged against the police at 94,940. Of those, 32,172 complaints were formally recorded under statutory legal frameworks to be investigated or formally resolved.
Reporting misconduct and pursuing action against the police is vital not only for the victim’s justice, but for safeguarding public trust and ensuring the legal system’s accountability.
Holding Power Accountable – The How
When police officers act unlawfully, their misconduct should not go unreported. Without formal checks or legal action, officers who abuse their position face no consequences and are more likely to continue acting in this manner, putting the community at risk. A harrowing example of complaints not acted on is in the case of the then Police Officer Wayne Couzens who despite complaints lodged, went on to falsely arrest, rape and murder Sarah Everard in 2021.
People who feel mistreated have two primary avenues to pursue accountability:
Formal Complaints of misconduct : Submitted directly to the force’s Professional Standards Department (PSD), complaints trigger internal investigations into officer behavior. If upheld, sanctions range from managerial guidance to dismissal. While complaints address individual discipline, they do not result in financial compensation for the victim. The PSD is overseen by the Independent Office of the Police
Civil Claims for Compensation: A civil action allows individuals to claim damages against the police force itself for civil wrongs such as unlawful arrest, false imprisonment, assault and battery, malicious prosecution, misfeasance in public office, breaches of the Data Protection Act the Human Rights Act, the Equality Act & the Race Relations Act
Taking these routes forces the police force to examine internal procedures, disclose critical operational documents, and formally answer for the unlawful actions of its officers.
Breaking the cycle of police misconduct – The Why
Police misconduct can affect anyone regardless of age, sex, race, religion but some groups such as young males are systematically targeted for actions such as stop and search. By raising awareness of wrongful acts by Police officers, individuals are exposing unlawful actions, misconduct and patterns of bad practice that must be addressed. Raising this by making a complaint or pursuing a civil action, the person is highlighting a problem in the force that should be addressed for the sake of the community and protecting them from authoritative harm.
Things to consider when taking legal action against the Police
Understanding the legal process is essential when dealing with complaints against the Police. The below are some key points to understand:
Procedural Sequence: A civil claim cannot commence while criminal proceedings against the individual are ongoing. So if you are under investigation or have been charged with an offence by the Police you cannot start a claim against the police.
Complaint vs. Civil Claim: While a formal complaint can be filed alongside or prior to legal proceedings, a person is not required to make a complaint in order to bring a civil claim. Solicitors operating under Conditional Fee Agreements generally do not handle complaints directly, clients are often advised to manage complaints independently or focus their efforts on the civil claim.
The most common claims: The most frequent civil actions involve unlawful arrest, false imprisonment, unlawful stop and search and trespass to property.
Taking action against the police requires courage, but it remains one of the most effective tools for exposing unlawful actions of Police officers, securing fair compensation, and upholding the rule of law.
