Making a Complaint Against Police Officers

If the behaviour of a police officer at the scene of a bailiff incident was inappropriate and unprofessional, then you have a right to make a formal complaint to a Clerk to the Justices at a magistrates' court for consideration of reporting the officer for corruption.

The relevant law is Section 26 of the Criminal Justice and Courts Act 2015.

You can also make a civil claim for damages.

It is the practice of many police forces to dismiss complaints of bailiff crime, knowing it exposes the police force to a claim for damages and for the recovery of unlawful loss that occurs following police inaction during a bailiff’s criminal act.

Examples of police malfeasance can include:

• Unwillingness to listen to you even though you believed what the bailiff was doing was unlawful
• Being threatened with arrest for obstruction if you "continued to remonstrate"
• Asking to see the bailiff’s certificate or warrant but being told to "stop stalling and time wasting"
• Being made to feel intimidated or treated like a criminal
• Causing you or someone else stress and sleep disturbance (consider a separate claim under the personal injury protocol)
• Being totally supportive of the bailiff without checking the legality of the enforcement
• Causing embarrassment with neighbours
• Displaying rude or aggressive behaviour
• Failing to prevent a crime in the officer’s presence
• Refusing to accept wrongdoing and provide an apology

If you were accused of breach of the peace for refusing to concede to an illegal demand (e.g. bailiff’s fees on a paid court fine), or for not opening your door, you may sue the police for damages.

What If You’re Fobbed Off?

If you are fobbed off with excuses, you can:

• Make a complaint to the IOPC

Be aware: police forces often "close ranks" when complaints are made. See the Ian Tomlinson cover-up as an example. The truth emerged only when a bystander submitted video footage to a newspaper.

If the police told you bailiff crime is a civil matter, you can still make a formal complaint.

Note: Complaints to the IOPC about civil enforcement incidents often lead nowhere. You may find yourself locked in lengthy, circular correspondence. This practice is known as attrition correspondence - designed to exhaust the complainant into abandoning the claim.

A more effective route is to collate the losses caused by police negligence or misconduct and file a civil claim using Form N1 in the small claims court.

You may also request a free initial consultation with a solicitor specialising in actions against the police. Keep your correspondence short and factual, and include your original complaint letter from the template above, as it contains the necessary law and precedents.