Independent Police Complaints Commission
Encyclopedia
The Independent Police Complaints Commission (IPCC) is a non-departmental public body
in England and Wales responsible for overseeing the system for handling complaints made against police
forces in England and Wales
.
Since April 2006 the IPCC has taken on responsibility for similar, serious complaints against HM Revenue and Customs and the Serious Organised Crime Agency
in England and Wales. In April 2008, it additionally took on responsibility for serious complaints against UK Border Agency
staff.
, and it came into existence on 1 April 2004, replacing the Police Complaints Authority
. It is a Non-Departmental Public Body (NDPB), funded by the Home Office, but by law entirely independent of the police, interest groups and political parties and whose decisions on cases are free from government involvement.
Since April 1, 2004 the IPCC has used its powers to begin 353 independent and 759 managed investigations (as of 31 March 2009) into the most serious complaints against the police. These included deaths in police custody, shootings and fatal traffic incidents.
It also handles more than 4,500 appeals a year from members of the public about the way their complaint was dealt with by the local force, or its outcomes.
There are a number of types of incidents that the police, or other agencies the IPCC oversees complaints for, must mandatorily refer to the Commission. These include deaths in police custody, shootings and fatal traffic incidents as well as allegations that an officer or member of police staff has committed a serious criminal offence.
Forces may also refer matters voluntarily to the IPCC and the Commission can 'call in' any matter where there might be serious public concern.
Once a matter has been referred, the IPCC will make a ‘mode of investigation’ decision to determine how it should be dealt with. This is done by caseworkers or investigators who submit an assessment to a Commissioner. The assessment will involve judging the available information and may mean IPCC investigators are sent to the scene.
The four modes of investigation are:
Should new information emerge after a mode of investigation has been decided the IPCC can change the classification both up and down the scale.
IPCC Investigators are not police officers. However, IPCC investigators designated to undertake an investigation have all the powers and privileges of a police constable in relation to that investigation throughout England and Wales (Police Reform Act, 2002- Schedule 3, Paragraph 19). However, despite being established in April 2004, the first known use of these arrest powers was in 2007 when a former police officer was arrested in relation to allegations of sexual assault.
The IPCC's Chief Executive, is Jane Furniss who is responsible for running the organisation which supports the work of the Commission. Furniss is also the IPCC's Accounting Officer and is accountable to the Home Office Principal Accounting Officer and to Parliament.
As well as employing its own independent investigators to investigate the most serious cases, the IPCC has staff performing a number of other functions.
Caseworkers handle the majority of complaints that are referred to the organisation. They will record the details of the complaint and make an assessment of the case and recommend a method of investigation, which will then be passed to a Commissioner for sign off. They also assess appeals from the public concerning the outcome of police decisions regarding complaints.
The IPCC also takes a lead role in developing new policy for the complaints system and for police practices. For example, following research about the circumstances into deaths following police activity on roads a new policy was drafted. This has now been adopted by ACPO and the government is making it law for police to follow.
The Commission is the governing board of the IPCC, holding collective responsibility for governance of the Commission including oversight of the Executive. As public office holders, Commissioners oversee IPCC investigations and the promotion of public confidence in the complaints system (known as Guardianship).
Each Commissioner also has responsibility for a particular portfolio such as firearms, deaths in custody, road policing and youth engagement.
Commissioners in making decisions on individual cases act under the delegated authority of the Commission. All appointments, which are full-time and non-executive are for a five year term, were through open competition. The commission meets bi-monthly and dates can be found on the IPCC website.
The Commissioners are-
is the responsibility of the Police Ombudsman for Northern Ireland. In Scotland
it is the responsibility of the Police Complaints Commissioner for Scotland
(PCCS) for non-criminal complaints, or the Procurator Fiscal
, part of the Crown Office and Procurator Fiscal Service
where there are allegations of criminality.
The IPCC responded to these criticisms with a letter to The Guardian
, in which IPCC Chair Nick Hardwick acknowledged some cases could have been handled differently in its infancy, but pointed out that despite repeated requests for the group to provide contemporary examples where expectations had not been met, there had been no further cases identified.
It has been noted that "no policeman has ever been convicted of murder or manslaughter for a death following police contact, though there have been more than 400 such deaths in the past ten years alone."
There have been a number of police officers convicted of causing death by dangerous driving, including those responsible for the deaths of Hayley Adamson and Sandra Simpson.
Non-departmental public body
In the United Kingdom, a non-departmental public body —often referred to as a quango—is a classification applied by the Cabinet Office, Treasury, Scottish Government and Northern Ireland Executive to certain types of public bodies...
in England and Wales responsible for overseeing the system for handling complaints made against police
Policing in the United Kingdom
Law enforcement in the United Kingdom is organised separately in each of the legal systems of the United Kingdom: England & Wales, Northern Ireland and Scotland ....
forces in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
.
Role
It can also elect to manage or supervise the police investigation into a particular complaint and will independently investigate the most serious cases itself. While some of the IPCC's investigators are former police officers, the commissioners themselves cannot have worked for the police by law. It has set standards for police forces to improve the way the public's complaints are handled. The IPCC also handles appeals by the public about the way their complaint was dealt with by the local force, or its outcomes. The IPCC was given the task of increasing public confidence in the complaint system. It aims to make investigations more open, timely, proportionate and fair.Since April 2006 the IPCC has taken on responsibility for similar, serious complaints against HM Revenue and Customs and the Serious Organised Crime Agency
Serious Organised Crime Agency
The Serious Organised Crime Agency is a non-departmental public body of the Government of the United Kingdom under Home Office sponsorship...
in England and Wales. In April 2008, it additionally took on responsibility for serious complaints against UK Border Agency
UK Border Agency
The UK Border Agency is the border control body of the United Kingdom government and part of the Home Office. It was formed on 1 April 2008 by a merger of the Border and Immigration Agency , UKvisas and the Detection functions of HM Revenue and Customs...
staff.
Powers
The statutory powers and responsibilities of the Commission are set out by the Police Reform Act 2002Police Reform Act 2002
The Police Reform Act 2002 is an Act of the Parliament of the United Kingdom.Amongst the provisions of the Act are the creation of the role of Police Community Support Officer, who have some police powers whilst not being 'sworn in' constables, and the ability for Chief Constables to confer a more...
, and it came into existence on 1 April 2004, replacing the Police Complaints Authority
Police Complaints Authority
The Police Complaints Authority , was an independent body in the United Kingdom with the power to investigate public complaints against the Police in England and Wales as well as related matters of public concern...
. It is a Non-Departmental Public Body (NDPB), funded by the Home Office, but by law entirely independent of the police, interest groups and political parties and whose decisions on cases are free from government involvement.
Since April 1, 2004 the IPCC has used its powers to begin 353 independent and 759 managed investigations (as of 31 March 2009) into the most serious complaints against the police. These included deaths in police custody, shootings and fatal traffic incidents.
It also handles more than 4,500 appeals a year from members of the public about the way their complaint was dealt with by the local force, or its outcomes.
Investigations
The vast majority of complaints are dealt with by the Professional Standards department of the police force the complaint is about. The IPCC's independent investigators investigate the most serious complaints, for example where someone has died following contact with the police.There are a number of types of incidents that the police, or other agencies the IPCC oversees complaints for, must mandatorily refer to the Commission. These include deaths in police custody, shootings and fatal traffic incidents as well as allegations that an officer or member of police staff has committed a serious criminal offence.
Forces may also refer matters voluntarily to the IPCC and the Commission can 'call in' any matter where there might be serious public concern.
Once a matter has been referred, the IPCC will make a ‘mode of investigation’ decision to determine how it should be dealt with. This is done by caseworkers or investigators who submit an assessment to a Commissioner. The assessment will involve judging the available information and may mean IPCC investigators are sent to the scene.
The four modes of investigation are:
- Independent investigations carried out by the IPCC’s own investigators and overseen by an IPCC Commissioner. In an independent investigation, the IPCC investigators have all the powers of the police themselves.
- Managed investigations carried out by police Professional Standards Departments (PSDs), under the direction and control of the IPCC.
- Supervised investigations carried out by police PSDs, under their own direction and control. The IPCC will set the terms of reference for a supervised investigation and receive the investigation report when it is complete. Complainants have a right of appeal to the IPCC following a supervised investigation.
- Local investigations carried out entirely by police PSDs, or by other officers on their behalf. Complainants have a right of appeal to the IPCC following a local investigation.
Should new information emerge after a mode of investigation has been decided the IPCC can change the classification both up and down the scale.
IPCC Investigators are not police officers. However, IPCC investigators designated to undertake an investigation have all the powers and privileges of a police constable in relation to that investigation throughout England and Wales (Police Reform Act, 2002- Schedule 3, Paragraph 19). However, despite being established in April 2004, the first known use of these arrest powers was in 2007 when a former police officer was arrested in relation to allegations of sexual assault.
Structure
The IPCC is overseen by a Chair, ten operational and two non-executive Commissioners. The Chair is a Crown appointment and Commissioners are public appointments. The IPCC's Commissioners and staff are based in IPCC regional offices in Cardiff, Coalville, London, Sale and Wakefield.The IPCC's Chief Executive, is Jane Furniss who is responsible for running the organisation which supports the work of the Commission. Furniss is also the IPCC's Accounting Officer and is accountable to the Home Office Principal Accounting Officer and to Parliament.
As well as employing its own independent investigators to investigate the most serious cases, the IPCC has staff performing a number of other functions.
Caseworkers handle the majority of complaints that are referred to the organisation. They will record the details of the complaint and make an assessment of the case and recommend a method of investigation, which will then be passed to a Commissioner for sign off. They also assess appeals from the public concerning the outcome of police decisions regarding complaints.
The IPCC also takes a lead role in developing new policy for the complaints system and for police practices. For example, following research about the circumstances into deaths following police activity on roads a new policy was drafted. This has now been adopted by ACPO and the government is making it law for police to follow.
Commissioners
The IPCC's ten operational Commissioners and two non-executive Commissioners are appointed by the Home Secretary for a five or three year period. The Chair is appointed by the Crown on the recommendation of the Home Secretary. Commissioners by law may not have served with the police at any time, been the Chair or a member of SOCA at any time or been a Commissioner or officer of Customs at any time. They are the public, independent face of the IPCC.The Commission is the governing board of the IPCC, holding collective responsibility for governance of the Commission including oversight of the Executive. As public office holders, Commissioners oversee IPCC investigations and the promotion of public confidence in the complaints system (known as Guardianship).
Each Commissioner also has responsibility for a particular portfolio such as firearms, deaths in custody, road policing and youth engagement.
Commissioners in making decisions on individual cases act under the delegated authority of the Commission. All appointments, which are full-time and non-executive are for a five year term, were through open competition. The commission meets bi-monthly and dates can be found on the IPCC website.
The Commissioners are-
| Post/Region | Forces | Commissioners | Biographies |
|---|---|---|---|
| Chair | - | Len Jackson (interim chairman) | Len Jackson's biography |
| Deputy Chairs | - | Deborah Glass, Len Jackson | Deborah Glass' biography Len Jackson's biography |
| Central office | West Midlands, Warwickshire, Staffordshire, West Mercia, Derbyshire, Leicestershire, Lincolnshire, Nottinghamshire, West Mercia, Norfolk, Suffolk, Cambridgeshire, Bedfordshire, Hertfordshire, Essex | Len Jackson, Amerdeep Somal, Rachel Cerfontyne | Len Jackson's biography Amerdeep Somal's biography Rachel Cerfontyne's biography |
| Wales & South West office | North Wales, Dyfed Powys, South Wales, Gwent, Gloucestershire, Wiltshire, Dorset, Avon & Somerset, Devon & Cornwall, British Transport Police British Transport Police The British Transport Police is a special police force that polices those railways and light-rail systems in Great Britain for which it has entered into an agreement to provide such services... , HM Revenue and Customs |
Tom Davies, Rebecca Marsh | Tom Davies' biography Rebecca Marsh's biography |
| North office | Northumbria, Durham, Cleveland, North Yorkshire, South Yorkshire, West Yorkshire, Humberside, Cumbria, Greater Manchester, Merseyside, Port of Liverpool, Lancashire, Cheshire, UK Border Agency UK Border Agency The UK Border Agency is the border control body of the United Kingdom government and part of the Home Office. It was formed on 1 April 2008 by a merger of the Border and Immigration Agency , UKvisas and the Detection functions of HM Revenue and Customs... |
Nicholas Long, Naseem Malik | Nicholas Long's biography Naseem Malik's biography |
| London & South East office | Thames Valley, Hampshire, Surrey, Sussex, Kent, Metropolitan Police Metropolitan police Metropolitan Police is a generic title for the municipal police force for a major metropolitan area, and it may be part of the official title of the force... , City of London City of London Police The City of London Police is the territorial police force responsible for law enforcement within the City of London, England, including the Middle and Inner Temple. The service responsible for law enforcement within the rest of Greater London is the Metropolitan Police Service, a separate... , Serious Organised Crime Agency Serious Organised Crime Agency The Serious Organised Crime Agency is a non-departmental public body of the Government of the United Kingdom under Home Office sponsorship... |
Mike Franklin, Deborah Glass | Mike Franklin's biography Deborah Glass' biography |
Northern Ireland and Scotland
The IPCC self-regulation scheme covers England and Wales; oversight of the police complaints system in Northern IrelandNorthern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
is the responsibility of the Police Ombudsman for Northern Ireland. In Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
it is the responsibility of the Police Complaints Commissioner for Scotland
Police Complaints Commissioner for Scotland
The Police Complaints Commissioner for Scotland is a non-departmental public body in Scotland responsible for overseeing the system for handling complaints made by members of the public against police forces in Scotland....
(PCCS) for non-criminal complaints, or the Procurator Fiscal
Procurator Fiscal
A procurator fiscal is a public prosecutor in Scotland. They investigate all sudden and suspicious deaths in Scotland , conduct Fatal Accident Inquiries and handle criminal complaints against the police A procurator fiscal (pl. procurators fiscal) is a public prosecutor in Scotland. They...
, part of the Crown Office and Procurator Fiscal Service
Crown Office and Procurator Fiscal Service
The Crown Office and Procurator Fiscal Service provides the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by Her Majesty's Lord Advocate, who under the Scottish legal system is responsible for prosecution,...
where there are allegations of criminality.
Police Action Lawyers Group resignations
In February 2008 over a hundred lawyers who specialise in handling police complaints resigned from its advisory body, citing various criticisms of the IPCC including a pattern of favouritism towards the police, indifference and rudeness towards complainants and complaints being rejected in spite of apparently powerful evidence in their support.The IPCC responded to these criticisms with a letter to The Guardian
The Guardian
The Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
, in which IPCC Chair Nick Hardwick acknowledged some cases could have been handled differently in its infancy, but pointed out that despite repeated requests for the group to provide contemporary examples where expectations had not been met, there had been no further cases identified.
It has been noted that "no policeman has ever been convicted of murder or manslaughter for a death following police contact, though there have been more than 400 such deaths in the past ten years alone."
There have been a number of police officers convicted of causing death by dangerous driving, including those responsible for the deaths of Hayley Adamson and Sandra Simpson.
See also
- Jean Charles de MenezesJean Charles de MenezesJean Charles de Menezes was a Brazilian man shot in the head seven times at Stockwell tube station on the London Underground by the London Metropolitan police, after he was misidentified as one of the fugitives involved in the previous day's failed bombing attempts...
(IPCC investigation into shooting at Stockwell Underground Station) - Death of Ian TomlinsonDeath of Ian TomlinsonIan Tomlinson was an English newspaper vendor who collapsed and died in the City of London after coming into contact with the police while on his way home from work during the 2009 G-20 summit protests. A first postmortem examination indicated he had suffered a heart attack and had died of natural...
- Internal affairs (law enforcement)Internal affairs (law enforcement)The internal affairs division of a law enforcement agency investigates incidents and plausible suspicions of lawbreaking and professional misconduct attributed to officers on the force...