The bill, which is making its way through parliament, will bring the most radical change to the police complaints procedure we have seen since the reforms that followed the death of Stephen Lawrence. The Police Reform Act 2002, which replaced the much-criticised Police Complaints Authority with the Independent Police Complaints Commission, has in recent years been the gatekeeper to all complaints against the police and the only body to which complainants can appeal following local and supervised investigations by the police's professional standards departments. But that will no longer be the case from May 2012. The safeguards that were put in place by the publication of the IPCC's statutory guidance in April 2010 will be removed and an unregulated system of police complaints will result.
Schedule 14 of the bill at paragraph 8 (5) will give police forces unfettered discretion in determining which complaints they wish to record and – although, as exists today, there will be an appeal process to the IPCC for non-recording – one suspects the police will put up a fight when their authority is challenged.
But the most shocking and controversial aspect of the bill will be the loss of the independent appeal to the IPCC following a local or supervised investigation. This important element of the complaints procedure, although it does not uphold all appeals, does ensure that a fresh review of the complaint is carried out. Where the appeal is upheld, a reinvestigation is ordered.