Catalogue description Records of the Independent Office for Police Conduct and predecessors

The Police Act 1976 aimed to introduce an independent element into arrangements for dealing with complaints by members of the public against members of police forces up to the rank of chief superintendent in England and Wales. It therefore established the Police Complaints Board from 1 June 1977, chaired by Lord Plowden. It had 19 members (mainly part-time), and 43 support staff. It acted in line with Home Office guidance issued to the Police in 1977, largely on the relationship between criminal and disciplinary proceedings . Prior to 1 June 1977, complaints against police officers were handled directly by the police forces themselves. The Home Secretary had the power to refer a serious complaint to another police force for investigation under section 49 of the Police Act 1964. The force could then refer a report to the Director of Public Prosecutions who would make a charging decision as to whether to prosecute the officers.

The Board's activities and powers were designed to assure the public generally that the procedures for dealing with their complaints against individual police officers operated fairly and thoroughly. Its powers were limited as most of the investigation and decision-making took place within the police force or with the Director of Public Prosecutions. It had no role to play in the handling of a complaint until it had been recorded and investigated by the police and it had been referred, if necessary, to the Director of Public Prosecutions. The Board could not question the decision of the Director on criminal proceedings. It acted essentially as a watchdog for the procedure rather than having an active role in investigating, prosecuting or disciplining officers . It also had a power to direct that officers face disciplinary proceedings if these were not already being brought by the police.

The complaints system was revisited following Lord Scarman’s report on the Brixton riots of 1981. The Police and Criminal Evidence Act 1984 was established. Section 83 of the Act set up the Police Complaints Authority (PCA) to replace the Police Complaints Board. The new body started work in April 1985. Unlike its predecessor, all the 11 members were to serve on a full-time basis. The new Authority inherited the powers of its predecessor to recommend and, if necessary, to direct the bringing of disciplinary charges against police officers subjects to complaints from members of the public. In addition, the Authority was given new powers to supervise the investigation of complaints. This included the requirement to approve the recommended investigating officer; to impose requirements for the conduct of the investigation and the resources devoted to it; and, at the conclusion of an inquiry, to issue a formal statement indicating whether or not the Authority was satisfied with the manner in which it had been carried out.

The Police Complaints Authority was replaced by the Independent Police Complaints Commission (IPCC) in April 2004 under the Police Reform Act 2002.

Even though the IPCC and the PCA were separate legal bodies there was a significant transfer of assets, staff and ongoing investigations. The IPCC did not inherit any investigations from the PCB.

The IPCC was a non-departmental public body, funded by the Home Office, but by law entirely independent of the police, interest groups and political parties. By law, neither the Chair nor Commissioners can have worked for the police service in any capacity, have been the Chair or a member of Serious Organised Crime Agency (SOCA), or the Chair, Chief Executive, member or staff member of the National Policing Improvement Agency at any time.

The IPCC had a legal duty to oversee the whole of the police complaints system and its aim is to transform the way in which complaints against the police are handled. As well as being responsible for complaints about the police, the IPCC was also responsible for handling serious complaints against staff of SOCA, HM Revenue and Customs (HMRC) and the UK Borders Agency (UKBA).

In 2010 the IPCC issued revised statutory guidance to the police service. For the first time complaint investigations were required to conclude whether a complaint should be upheld based not just on the narrow test of whether an officer had committed misconduct, but based on the broader question of whether the conduct complained about was reasonable. The Independent Office for Police Conduct (IOPC) replaced the IPCC on 8 January 2018. The IOPC was created from the Policing and Crime Act 2017. It has a legal duty to oversee the whole of the police complaints system and it aims to transform the way complaints against the police are handled. Unlike the IPCC, it does not have a commission structure. The legal powers of the IOPC were also increased to start its own investigations without referrals from police forces.