Guidance

Challenge a decision or make a complaint

From:
Criminal Justice Hub
Published
Last updated
Applies to
England and Wales
All sections on this page

Different problems have different routes and time limits. Choose the problem you want to raise.

You can ask a support service to help you understand a decision letter, make a request for review or make a complaint.

If you disagree with a decision not to charge or prosecute someone

You may be able to ask for a decision to be reviewed. This is called the Victims’ Right to Review .

A review is a fresh look at a decision by someone who was not involved in making it. It may uphold the original decision, lead to further investigation or result in a different decision.

A review does not guarantee that someone will be charged, prosecuted or convicted.

If police decided not to charge someone

You may be able to ask police to review a decision not to charge someone, or not to refer a case to the Crown Prosecution Service for a charging decision. This usually applies where a suspect has been identified and interviewed under caution.

It does not usually apply to a decision about whether police can start or continue an investigation. Ask for a review as soon as possible.

You should normally ask within 3 months of the police decision. Read about the Police Victims’ Right to Review Scheme.

If the Crown Prosecution Service decided not to prosecute

You may be able to ask the Crown Prosecution Service to review a decision that finally ends a case involving you. This can include a decision not to charge, to stop all proceedings or to offer no evidence.

You should normally ask within 10 working days of the date on the Crown Prosecution Service decision letter. The Crown Prosecution Service may accept some late requests, but you should act as soon as possible.

Read about the Crown Prosecution Service Victims’ Right to Review Scheme .

If police decided not to investigate or stopped investigating

Police should explain the decision and tell you about support. If you are unhappy with the way the decision was made or with the service you received, make a complaint to the police force involved.

You may also be able to complain if you were not given the information or service required by the Victims’ Code. The Police Victims’ Right to Review Scheme is not usually the route for a decision not to investigate or not to continue an investigation.

If you are unhappy with how a service treated you

Complaint about police

You can complain to the police force involved. You can also use the Independent Office for Police Conduct complaint form, which sends your complaint to the appropriate organisation.

The Independent Office for Police Conduct does not automatically investigate every complaint. A complaint may lead to an explanation, apology, learning, changes to practice or further action.

It does not necessarily reopen the criminal investigation. If you are making a complaint more than 12 months after what happened, explain why you could not complain sooner.

Complaint about the Crown Prosecution Service

Use the Crown Prosecution Service complaints process if your concern is about its service, or about a matter that is not covered by its Victims’ Right to Review Scheme. The Crown Prosecution Service normally considers complaints made within 6 months of the matter complained about.

If you did not receive your rights under the Victims’ Code

The Victims’ Code sets minimum standards for services in England and Wales. If you did not receive information, updates, support or another service required by the Victims’ Code, complain first to the organisation involved.

If you remain unhappy after using its complaints process, you may complain directly to the Parliamentary and Health Service Ombudsman.

If you are concerned about your personal information

If you are concerned about how an organisation used or shared your personal information, raise this with the organisation first. If you are not satisfied with its response, you may be able to complain to the Information Commissioner’s Office .

A data protection complaint will not usually change a decision about an investigation or prosecution. Read Your rights and personal information for more information.

Get support while you challenge a decision or complain

Keep copies of decision letters, emails and other relevant documents. Write down:

  • your crime reference number, if you have one;
  • the date you received the decision or experienced the problem;
  • the name of the organisation involved;
  • and what outcome or explanation you are asking for.

A support service can help you understand a decision, prepare a request for review or make a complaint. Read Get support after a crime to find help.

After the relevant review process, it may be possible to seek legal advice about judicial review. Judicial review is a court process about whether a public body acted lawfully.

It is not a further review of the evidence and does not guarantee that a decision will change.

About this information

Last updated: