Police Ombudsman (NI)
This page contains information about the Police Ombudsman for Northern Ireland (PONI), including:
What it does
Advantages and disadvantages
Which complaints are eligible?
Cost
Timescale
Procedure
Outcomes
What it does
The Police Ombudsman for Northern Ireland (PONI) investigates complaints about the behaviour of police officers in Northern Ireland. It is completely independent of the police.
Complaints about the police in England and Wales are dealt with by the Independent Police Complaints Commission (Independent Police Complaints Commission). In Scotland, there is no independent ADR body to handle these disputes; complaints about police are dealt with primarily by police forces.
The Police Ombudsman is unique among the UK ombudsmen in his power to start an investigation about an important event, even if nobody has made a personal complaint about it. He can also investigate matters referred by the Chief Constable where there was no complaint by a member of the public.
He also monitors complaints against the police in order to identify any trends.
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Advantages
- it is independent of the police
- it is free
- it can result in the complaint being further investigated
- it can lead to improvements in the way police handle complaints
- officers who have done wrong may be disciplined and/or prosecuted
Disadvantages
- it is possible the complaint will not be accepted for investigation
- investigations can take a long time
- the ombudsman can only make recommendations for prosecutions and change in police policy; he cannot force these recommendations
Note: Not all complaints remain anonymous. Where the complaint is accepted for informal resolution, or where the ombudsman decides to investigate the complaint, the identity of the complainant will be made known to the police officer being investigated. However, complainants are not identified publicly unless the case leads to criminal proceedings, in which case the ombudsman is required to reveal this information to the court. Where the ombudsman decides not to investigate a complaint, the complainant does remain anonymous.
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Which complaints are eligible?
The Police Ombudsman can consider complaints from members of the public about a police officer's behaviour, such as:
- unfair treatment of or discrimination against a member of the public
- breaches of the code of conduct
- allegations of criminal behaviour
The ombudsman can also take on cases referred by the Police Service's Chief Constable, where an impartial independent investigation is needed, such as cases of:
- deaths in or near police stations
- police use of firearms
- traffic accidents involving police vehicles
The Police Ombudsman cannot investigate behaviour that has already resulted in the officer being charged with a criminal offence or disciplined. He also cannot consider complaints about off-duty police officers or about traffic wardens, or others who are civilian police employees.
Complaints must be made within one year of the incident complained of. If the complaint is older than a year, but there is new evidence, or it is a grave or exceptional case, then the ombudsman may agree to take it on.
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Cost
The scheme is free to complainants.
Legal Aid is available if you are eligible for help in preparing a complaint.
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Timescale
The time taken to complete investigations varies and depends on how long it takes to gather the necessary information from various sources. Informal resolution is usually considerably quicker than a formal investigation.
During 2009-10:
- 93% of cases that did not go on to informal resolution or investigation were dealt with within 40 days
- the average time to complee an investigation was 109 days
The ombudsman promises to keep complainants informed about the progress of their case - 87% of complainants were updated every 6 weeks.
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Procedure
Complaints can be submitted in writing, online (using an online complaints form), by phone or in person at the PONI offices in Belfast. You can also make your complaint through a CAB or through a solicitor.
Once a complaint is accepted the ombudsman will consider whether it is suitable for informal resolution. This is used for less serious matters, and involves referring the case back to the police for them to deal with it. A senior police officer is appointed to try to conciliate an agreement that is acceptable to both the complainant and the police officer.
You will be given the choice about whether to accept this offer. During 2009-10, 24% of complaints were deemed suitable for informal resolution and 67% of those complainants agreed to use the process. Of these, 77% were successfully resolved.
If the complaint can't be resolved this way, it is referred back to the ombudsman for a formal investigation.
Complaints involving children or vulnerable adults are not normally considered suitable for informal resolution.
The ombudsman also has the power to ask the police to investigate a case. The ombudsman's office will check how the police have dealt with the complaint, and if it has not been dealt with adequately the ombudsman can decide to investigate the matter himself.
In 2008-09 the ombudsman piloted the use of mediation for complaints about police. The evaluation and key findings are summarised at 2010 Use of mediation in complaints about police.
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Outcomes
The ombudsman reviews cases that have been resolved through informal resolution. Once informal resolution is concluded, the ombudsman writes to the complainant recording the outcome and including details of:
- the complaint
- what happened in informal resolution
- the complainant's satisfaction
Complainants can request a copy of the record of the informal resolution up to three months after the case has concluded.
Among the outcomes that are achieved through informal resolution are:
- an apology or expression of regret
- an explanation
- appropriate guidance or instructions to the police officer from a more senior officer
For those cases that are investigated, the Police Ombudsman issues a decision. If the complaint is upheld, among the remedies that the ombudsman can recommend are:
- to discipline the police officer
- to prosecute the police officer
- to compensate the complainant
Any recommendation that is made is explained to the complainant. If a prosecution or disciplinary proceedings are recommended, the ombudsman will inform the complainant of the final outcome after any hearings have taken place.
During 2009-10:
- 74% of cases which were formally investigated were closed with the allegations not substantiated due to insufficient evidence
- 24% were closed with specific action recommended
- 2% were closed as substantiated but with no further action recommended
There is no appeal against the ombudsman's decision, but his decisions are subject to legal challenge through judicial review.
Research completed by the Northern Ireland Statistics and Research Agency in January and February 2010 showed that 81% of Protestants and 80% of Catholics believed the Police Ombudsman was independent; 82% of Catholics and 85% of Protestants believed that the ombudsman to be impartial; 83% of police officers who were the subject of investigation thought they were treated fairly by the Ombudsman's office.
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July 2010
