Complaints

A complaint can arise in different ways:

Direction or Control Complaints

• Are about a ‘direction or control’ issue. These include quality of service, organisational or operational decisions that have affected you. Examples are:
  • Matters of strategy and policy
  • Structure and the organisation
  • Deployment of resources and use of budgets
  • Quality of service

  This type of complaint should be made in writing to the SOCA head office at the address on the Contact Us page. The complaint will then be passed to the appropriate manager for resolution. This may involve an explanation of the reason for a decision or a review of procedures.

Complaints against a SOCA staff member

• Are about the conduct or behaviour of a SOCA officer. These complaints are handled in accordance with the Police Reform Act 2002 which applies to SOCA officers in a similar way to police officers.

  The following pages will guide you through the complaints procedures. There is also a complaint form [.doc, 104 KB] to complete if you want to complain about the conduct of a SOCA officer.

How to complain about the conduct of a SOCA officer

All members of staff at SOCA know that they must carry out their duties with the highest possible standards of integrity, honesty and fairness.

However, there may be occasions when you feel that the conduct of a SOCA officer has fallen below the standard that could be expected, or may amount to misconduct or even an allegation of criminal behaviour.

Examples of misconduct are:

• The use of inappropriate or abusive language;
• Failing in their duty to act properly and fairly in their dealings with you.

If this happens, you have the right to complain. Unless there are exceptional circumstances, you should make your complaint within 12 months of the alleged incident.

The following FAQs explain who can complain, how to complain and what will happen to your complaint.

Q. Who can make a complaint?

A. Under the Police Reform Act 2002, the following people can make a complaint:

• Any member of the public who alleges that the misconduct of a SOCA officer was directed at them.
• Any member of the public who alleges that they have been adversely affected by the misconduct of a SOCA officer, even if it was not directed at them.
• Any member of the public who claims that they witnessed misconduct by a SOCA officer. This would not include a person who sees an incident on the news.
• A person acting on behalf of someone in the three categories above; for example, a member of an organisation or support group who has been given written permission by the member of the public.

Q. How do I make a complaint?

A. To make a complaint, you can

1. Fill in the SOCA Professional Standards complaint form [.doc, 104 KB]. Please include all the information requested, if possible.
2. Write to the SOCA Counter Corruption Department, providing as much information as possible. Its details are shown below and are on the Contact Us page. The Professional Standards Department is responsible for the receipt, monitoring and investigation of complaints about SOCA officers received from the public. The most serious complaint cases will be referred automatically to the Independent Police Complaints Commission (IPCC).
3. Write to, telephone or e-mail the IPCC directly, providing as much information as possible. The IPCC will decide how to investigate cases referred to it. Their details are below and on the Contact Us page. Click on this link to visit the IPCC web site for more information about its work.
4. Contact your solicitor or Member of Parliament.
5. Contact your local Citizen’s Advice Bureau.

Q. What information should I include in my complaint if I do not use the complaint form [.doc, 104 KB]?

A. When making your complaint in writing, by telephone or in an e-mail, you should include:

• What happened
• When it happened
• Where it happened
• Who was involved
• What was said or done
• Were there any witnesses
• Was there any damage or injury done
• The identity of the officer (if known)
• What you are complaining about
• What outcome you are seeking
• Your name, date of birth and details of how you can be contacted (address, telephone number and email address as applicable)

This means your complaint can be dealt with more efficiently.

Q. How will my complaint be resolved?

A. SOCA Counter Corruption Department will decide if your complaint should be recorded as an official complaint against a SOCA officer under the terms of the Police Reform Act 2002. If it does not record your complaint, you can appeal to the IPCC.

Recorded complaints are resolved according to how serious they are.

• Less Serious Complaints. If you agree, less serious matters will be resolved locally by a SOCA manager. This will provide you with an opportunity to express your concerns and receive an adequate response promptly; an explanation or apology, for example. This is called Local Resolution.
• Serious Complaints. If a Local Resolution is not acceptable to you, or if the complaint raises more serious allegations, it must be fully investigated. SOCA will report the most serious complaints to the IPCC. The IPCC may choose to supervise or manage certain investigations, or to conduct an independent investigation. It may also choose to refer the complaint back to SOCA Counter Corruption Department for specialist investigation.

Q. Will I be kept informed of the progress of the investigation?

A. Whether an investigation is run by SOCA or supervised by the IPCC, you have the legal right to be kept informed about its progress at least every four weeks. You can contact the Investigator if you think you should be updated more often. You will also be advised of the outcome of the investigation. The investigator will inform you:

• How your complaint will be investigated.
• What co-operation they require from you, for example supplying a statement. (Please remember that you are a vital witness and that, if you fail to co-operate, it may not be possible to fully investigate your complaint).
• How a decision will be reached.
• What action will be taken at the conclusion of the investigation.

The investigator will also agree the method of updating you. If you prefer, this may be through a third party such as your solicitor.

If your complaint is about an incident that gave rise to court proceedings, it cannot be investigated until the court case has concluded.

Q. Will I be informed of the outcome of the investigation?

A. The investigator will inform you of the conclusion of the enquiry and the outcome. This could include:

• That there is insufficient evidence to uphold your complaint. This does not mean you have not been believed, only that there is insufficient evidence to prove or disprove the allegation made.
• That steps will be taken to amend or improve procedures to avoid further complaint.
• That formal disciplinary or management action will be taken against an officer or officers.
• That the matter is being referred to the Crown Prosecution Service (CPS) who will decide whether there is sufficient evidence to bring criminal charges against a SOCA officer or officers.

Q. If SOCA has refused to record my complaint, or I am not satisfied by the outcome of their investigation, can I appeal to the IPCC?

A. Whether the investigation was managed by SOCA or supervised by the IPCC, you can appeal to the IPCC direct under the following circumstances:

• Non-Recording of a Complaint:

  If SOCA does not record your complaint;

  If SOCA has not made a decision to record your complaint (the decision to record should be made within 10 days of receiving the complaint);

  If SOCA has not informed you of its decision not to record your complaint.

• Local resolution of a Complaint:

  If you believe that local resolution procedures have not been carried out properly.

• Investigation of a Complaint:

  If you believe you have not been given adequate information about the findings and outcome of the investigation;

  If you are not satisfied with the findings of the investigation;

  If you are not satisfied by the outcome of the investigation;

  If you disagree with the action SOCA proposes to take after the investigation.

Contact the IPCC at the address given below and on the Contact Us page, or by telephone.

Q. I live in Scotland. How do I complain about the misconduct of a SOCA officer?

A. You can complain to the SOCA Counter Corruption Department at the address shown below and on the Contact Us page, or direct to the Lord Advocate’s office. Click here to visit their website.

Q. I live in Northern Ireland. How do I complain about the misconduct of a SOCA officer?

A. You can complain to the SOCA Counter Corruption Department at the address shown below and on the Contact Us page, or direct to the Police Ombudsman’s office. Click here to visit their website.

Q. I live abroad. How can I complain about the misconduct of a SOCA officer?

A. If the alleged misconduct occurred in the United Kingdom, you should contact either the SOCA Counter Corruption Department or the relevant independent body for the country in which the incident took place. For England and Wales, this would be the IPCC. For Scotland, you should contact the Lord Advocate’s office and, for Northern Ireland, the Police Ombudsman.

If the misconduct occurred outside the United Kingdom, you should contact the SOCA Counter Corruption Department. If the allegation concerns criminal activity, you may also contact the police in the country where the incident took place.

Q. I wish to make a Civil Claim against SOCA. Who should I contact?

A. Making a complaint does not affect your right to take SOCA to court and sue for damages. For advice on civil action, you should contact a solicitor. Initially you, or your representative, should write to SOCA at its Headquarters address shown on the Contact Us page.

Q. How can I contact the SOCA Counter Corruption Department?

A. Our postal address is:

The SOCA Counter Corruption Department
PO Box 58396
London NW1W 9SB

or complete the complaint form [.doc, 104 KB].

Q. How do I contact the IPCC?

A. The IPCC postal address is:

The Independent Police Complaints Commission
90 High Holborn
London WC1V 6BH

You can telephone the IPCC on: 08453 002 002.