Civil Action Against the Police vs Making a Police Complaint: What Is the Difference?

A police complaint and a civil action against the police are two entirely separate processes with different aims. A complaint asks the police, or in serious cases the Independent Office for Police Conduct (IOPC), to investigate an officer’s conduct and hold them to account internally. A civil action is a legal claim brought through the courts to recover compensation for harm caused by unlawful police conduct, such as wrongful arrest, excessive force, or a breach of your human rights. You can pursue either route, or both, but only a civil claim can result in financial compensation.

Understanding which route, or combination of routes, is right for your situation matters because the two processes have different evidence requirements, different time limits, and very different outcomes.

What Is a Police Complaint?

A police complaint is a formal report about the conduct of an officer or police staff member, made either directly to the force involved or through the IOPC, which forwards it to the relevant force. The vast majority of complaints are handled by the force’s own Professional Standards Department (PSD), which is required to assess the complaint and respond, usually within a reasonable and proportionate timeframe rather than a fixed statutory deadline.

The IOPC oversees the wider complaints system but does not investigate every complaint personally. It only takes on the most serious and sensitive matters itself, such as deaths in custody or cases with significant public interest, and otherwise relies on PSDs to handle the bulk of complaints, referring upward only when mandatory referral criteria are met.

If you are unhappy with how a complaint was handled, you generally have 28 days from the date of the outcome letter to apply for a review, which may go to the IOPC, a Police and Crime Commissioner, or the force itself, depending on how the original complaint was dealt with.

What a Complaint Can Achieve

A successful complaint can result in:

• An apology from the force or officer concerned
• A finding that the officer’s conduct fell below expected standards
• Internal disciplinary action, ranging from management advice to dismissal
• Changes to force policy or training to prevent recurrence

What a Complaint Cannot Do

This is the point most prospective clients misunderstand: the IOPC does not have the power to award you compensation. Even where a complaint is fully upheld and an officer is disciplined, this does not automatically translate into a financial remedy for you. If you have suffered injury, financial loss, or distress as a result of police misconduct, a complaint alone will not compensate you for it.

What Is a Civil Action Against the Police?

A civil action against the police is a legal claim brought against the relevant Chief Constable, who is legally responsible for the actions of officers under their command. Unlike a complaint, a civil claim is decided according to defined legal tests under tort law and, where relevant, the Human Rights Act 1998, and it can result in an enforceable award of compensation.

Common grounds for a civil claim include:

• Wrongful arrest and false imprisonment, where detention was not properly authorised by law
• Assault and battery, where force used during arrest or restraint was excessive or unnecessary
• Malicious prosecution, where proceedings were brought against you without reasonable grounds and with malice
• Misfeasance in public office, where an officer knowingly or recklessly abused their position to your detriment
• Breaches of the Human Rights Act 1998, most often Articles 3, 5, or 8

Each of these has its own legal test that a solicitor will need to satisfy with evidence, and the legal threshold is generally higher than the standard applied in an internal complaints investigation.

Do You Need to Complain Before Bringing a Civil Claim?

No. You are not required to make a formal complaint before starting a civil claim, and the two processes can run side by side or entirely independently of one another. Many people choose to do both, since a complaint can generate useful evidence, such as a PSD investigation report or disclosure of body-worn video footage, that may strengthen a parallel civil claim.

However, waiting for a complaint or IOPC review to conclude before taking legal advice is generally unwise, particularly because some heads of claim carry short limitation periods that continue to run regardless of where a complaint has reached.

Time Limits: Why Acting Promptly Matters

Limitation periods for civil claims against the police vary considerably depending on the type of claim:

• Assault, battery, or claims involving personal injury: 3 years from the date of injury
• Wrongful arrest and false imprisonment: 6 years from the date of detention
• Misfeasance in public office: 6 years from the date the damage occurred or ended
• Human Rights Act claims: 1 year less 1 day from the date of the breach, with limited court discretion to extend
• Discrimination claims under the Equality Act 2010: 6 months less 1 day from the date of the act complained of

There is no equivalent fixed limitation period for making a police complaint, but delay can still weaken your position, since body-worn video footage, custody records, and witness recollections all degrade with time. If you are considering both a complaint and a civil claim, it is worth taking legal advice early enough to protect the shortest applicable limitation period.

How Funding Works for Each Route

Making a police complaint costs nothing and does not require legal representation, although solicitors can assist with drafting a complaint or requesting evidence such as footage.

Civil claims are different, since legal representation is strongly advisable given the legal tests involved. Funding options typically include:

• No-win, no-fee agreements, where you pay no legal fees if the claim is unsuccessful, and an agreed percentage of compensation if it succeeds
• Legal aid, which remains available for certain actions against the police, subject to a means-tested financial eligibility assessment by the Legal Aid Agency
• Before-the-event legal expenses insurance, sometimes attached to home or motor insurance policies

A solicitor should discuss all relevant funding options with you at the outset and explain clearly how costs and any success fee would work before you commit to a claim.

Which Route Is Right for You?

The two routes are not mutually exclusive, and in practice the right approach depends on what you are trying to achieve.

• If your priority is an apology, accountability, or a change in police behaviour, a complaint may be sufficient on its own.
• If you have suffered injury, financial loss, wrongful detention, or distress and want compensation, you will need a civil claim, since the complaints system has no power to award it.
• If you want both accountability and compensation, pursuing a complaint alongside a civil claim is often the most effective approach, with each process potentially strengthening the other.

What to Do Next

If you are unsure which route fits your circumstances, the most useful first step is a free consultation with a solicitor who specialises in actions against the police. Before that conversation, it helps to have to hand:

• A clear timeline of what happened, including the police force and, if known, the officers involved
• Any footage you have, such as body-worn video requested through a complaint, dashcam, or mobile phone recordings
• Correspondence relating to any complaint already made, including outcome letters
• Medical evidence or records relating to any injury or psychological impact

Satchell Moran Solicitors specialises in actions against the police across England and Wales, acting on a no-win, no-fee basis and, where eligible, through legal aid funding. As a firm holding dual Lexcel accreditation, we assess each case individually, explain the realistic strength of your position, and pursue both complaints and civil claims where that combined approach gives you the best chance of accountability and fair compensation. If you believe you have grounds for either route, getting advice early protects your evidence and your legal time limits.