Complaints and legal action against the police

This advice applies to Scotland. See advice for See advice for England, See advice for Northern Ireland, See advice for Wales

What you can complain to the police about  

You can complain about:

  • police officers or staff - including cadets and special constables

  • the quality of service in your area 

  • police policies and procedures - you could also contact your local MSP, MP or community involvement officer. 

You can complain about police conduct. The  conduct could be on or off duty. You might complain about conduct like:

  • disorderly or rude behaviour 

  • failing to carry out their duties as a police officer 

  • making false, misleading or inaccurate statements 

  • unlawful or unnecessary arrests

  • unnecessary force

  • losing or damaging property 

  • breaking the law

  • breaching your human rights or discriminating against you.

For example, you could complain if you were stopped and searched but you don’t think the police officer followed the search procedure. More about stop and search.

You can ask for an apology or for an officer to be retrained or disciplined when you complain. You won't get financial compensation by making a complaint. You might be able to take legal action or make a separate compensation claim.  

Police complaints are very serious. You can be charged with wasting police time if you make a false or malicious complaint. The police officer could take action against you for defamation of character. It will help if you have evidence and witnesses to support your complaint. 

Who can complain about the police

You can complain if you are directly or indirectly affected by police action, or you witnessed it.

You can still complain about police action if there are criminal proceedings against you. 

Someone else can complain for you, with your consent. For example, a solicitor, MSP, friend or parent. 

How to complain about the police

You can complaint to Police Scotland:

To complain about a senior police officer, like a Chief Constable, you should complain to the Scottish Police Authority (SPA).

As part of your complaint, you'll be asked for:

  • your contact details

  • any crime reference numbers that are relevant to the complaint

  • a clear description of what happened - including when and where the incident or cause for complaint took place

  • details of any witnessess

  • what you want to happen as a result of your complaint.

You can submit a complaint anonymously, but this means you can't be asked for further details if they're needed. You'll also not be updated about the outcome.

It's best to complain in writing so that you have a record of the complaint. An adviser at your local Citizens Advice Bureau can help you to write your complaint.

What happens after you complain

The police will investigate your complaint. Find out how complaints are handled by Police Scotland.

The police may decide to:

  • take no further action

  • review or change a policy, process or procedure 

  • apologise

  • give officers more training, counselling or advice 

  • discipline an officer

You should be told the outcome of the investigation as soon as possible.

You may only be told about the outcome in a general way as the investigation is confidential. These confidential documents cannot be used in any subsequent legal actions for damages against the police. 

If you're unhappy with how your complaint was handled

You can refer the issue to the Police Investigations and Review Commissioner (PIRC) for a complaint handling review. This is free and independent.

You should do this within 3 months of the date you got the result of your original complaint. 

The PIRC does not investigate the substance of a complaint. The Commissioner's role is to review the way that the complaint was handled by the police. After investigating the complaint, the Commissioner can tell a police body to reconsider the complaint.

You can request a review on the PIRC website.

If you want to complain about how the PIRC has handled the review, such as unreasonable delays, you can use the PIRC internal complaints process. There is information about internal complaints on the PIRC website.

Taking your complaint to the ombudsman

If this does not resolve the issue, you can take the complaint to the Scottish Public Services Ombudsman (SPSO). 

If you are not satisfied with the decision of the Police Investigations & Review Commissioner, you might be able to ask for a judicial review.

You might be able to take legal action or claim compensation.

If you think a police officer has broken the law

If you think that a police officer or a police staff member working for Police Scotland has broken the law, you can report this to:

The complaint will go through the usual complaints process or be referred to the Crown Office and Procurator Fiscal Service (COPFS) if the police officer was on duty at the time of the offence.

If you don’t want to report the criminal complaint to the police directly 

You might not feel comfortable reporting the allegation directly to the police.  

You can report a complaint to the Police and Anti-Corruption and Abuse Reporting Service which is run by Crimestoppers on 0800 085 00 00 or on the Crimestoppers' website

If the police officer has broken the law whilst on duty, you can report this directly to the Crown Office and Procurator Fiscal Service (COPFS). You can find out how to contact them on the COPFS website

Asking for a criminal investigation

The Crown Office and Procurator Fiscal Service (COPFS) is independent of the police.

A matter involving a police officer whilst on duty will be automatically referred to them. You should receive written confirmation of this.

If you report the matter directly to the COPFS, they will refer it to the Professional Standards Department of Police Scotland for further consideration and investigation. 

A matter involving a police officer whilst off duty will only be passed to the COPFS where appropriate.

Usually, the COPFS will request that a supervisory officer, who is not connected to the complaint, complete an investigation and then provide them with a full report. The complaint also might be passed to the Police Investigations and Review Commissioner (PIRC) for an investigation to take place.

Once a matter is referred to them, they might decide:

  • not to prosecute - they will refer the case back to the police to decide if the officer should be disciplined

  • to report the case to the Crown Office - this is who decides whether to prosecute the police officer. You will be told what the Crown Office decides.

If there is a prosecution, you might have to go to court to give evidence. Find out more about going to court as a witness on the Scottish Courts and Tribunals website.

If you're not happy with how the matter was dealt with by the Procurator Fiscal, or are not happy with their decision, there’s information about how to make a complaint on the COPFS website.

If the COPFS decide not to take action, you can ask for a review of that decision. Read more about the Victims' Right to Review on the COPFS website.

If the police caused you distress or injury

You can:

  • complain to Police Scotland

  • claim compensation - from the Criminal Injuries Compensation Authority (CICA)

  • take legal action for damages in court. 

You can start a claim for both compensation and court action for damages. However, if you win damages at court, you will have to repay your compensation to CICA.

Claiming from CICA is simpler than suing the police for damages because you won't have to go to court. However, the court can award more in damages to cover other losses, like damage to your belongings.

Claiming compensation from CICA

If you were injured in an alleged assault by the police, you can apply for compensation from the CICA. 

You don't need to have your complaint against the police upheld before claiming compensation. But your claim will be stronger if your complaint has been investigated and upheld.

Find out more about claiming compensation for violent crimes on GOV.UK.

You can take court action against the police for damages if a police officer has done something against the law, or failed to do something. However, these cases are rarely successful.

You should get advice from a solicitor. Your legal costs might be more than the amount of damages you would get. You might be eligible for legal aid, but you may have to pay a contribution towards the expenses of the case.

More about help with legal costs and using a solicitor

If your human rights were breached or you have been discriminated against

The police must respect your human rights when they carry out their duties.

You might be able to take legal action against the police if your human rights have been breached. More about taking legal action about human rights.

Discrimination 

The police cannot discriminate against you because of a protected characteristic you have, like your age, disability, race or sex.

For example, it's unlawful if:

  • an officer treats you less favourably because of your race

  • an officer doesn't treat a crime seriously because of your gender or sexual orientation

  • the conditions in police custody create unnecessary difficulties for you if you have a disability.

If you have been discriminated against you could:

You can also contact the Equality and Advisory Support Service helpline. 

Equality Advisory Support Service (EASS) Helpline

FREEPOST

EASS Helpline

FPN6521

Telephone: 0808 800 0082

Text relay: 0808 800 0084

Monday to Friday, 9am to 7pm

Saturday, 10am to 2pm

You can use the contact form on the EASS website

www.equalityadvisoryservice.com

Asking for information the police holds about you

You can make a subject access request to get a copy of information that the police holds about you.

You can find out how to make a subject access request on the Police Scotland website.

The police can refuse to give you some information, including other people's data or data about investigations. 

If you're unhappy with how your request has been dealt with, you can contact the Information Commissioner. Read more about what to do if you're not happy with the response to your request on the Information Commissioner's Office website.