4 Challenging professional power through internal complaint procedures
Local public services have internal complaint mechanisms to enable you and community members to complain when you are unsatisfied with how you or your community are treated. Complaints can be submitted on complaint forms, by phone, by letter and in some circumstances, through online forms. The complaint should spell out details, including the complainant’s name, contact details, name (if known) or function of the person the complaint is about, the date the complaint is lodged, the date of the incident, and a description of the incident. You will learn more about this in Activity 2.
Activity 2 Stop-and-search and following up the complaint procedure
As you watch the video, take note of the stop-and-search process, and think about communities and groups that are affected most. Consider the complaint procedures you or a community member could use if you feel that the experience of stop-and-search described in the clip was justified or not justified.
Discussion
The police’s stop-and-search practices have been subject to public debate, and the disproportionate impact of the measure on Black and other ethnic minorities was one of the issues raised during the Black Lives Matter protests.
Before thinking about complaining about your stop-and-search experience or the experience of a friend or community member, you must reflect on the legal powers under which stop-and-search is practised. There are two reasons for the policy: reasonable grounds for suspicion, or a Section 60 Order. You also have to reflect on the stop-and-search experience and whether or not the established steps were followed, and the required information was provided. These include:
- the name of the searching officer and their station’s name
- the search power
- whether they spelt out what they were expecting to find and state what they were searching for
- whether or not they provided a copy of the record of the stop-and-search exercise.
When considering the complaint, consider whether personal factors, for example, race, were at play. You also have to consider the scene where the stop-and-search took place, the clothes removed, and the gender of the person searching you, if relevant.
Local police may have feedback forms and follow-up survey forms. These could be used to share your experience, the experience of your colleague or community members.
If you feel that a formal complaint is necessary, especially if you feel that the search officers were rude or discriminated against you, a friend or colleague or a member of the community, you should complete and submit a formal complaint. Some police forces have online complaint forms; if they are unavailable, you might consider getting a physical complaint form from the local station where the search officers stated they came from.