In England and Wales, the Independent Police Complaints Commission (IPCC) points out to putative complainants that:
The best way to make a complaint is to contact the police force involved.
Police force websites include information about how to complain or you can visit any police station. You can complain to any force by using the
13 Somjate Waiyakarn, The Survey of Complainants’ Satisfaction towards the Service of the Office of the Ombudsman in relation to the Handling of Complaints (as cited in Pharkphoom Rukhamate and Satithorn Thananithichote, ‗The Ombudsman‘ in Satithorn Thananithichote (ed), Constitutional Organisations:
Foundation Knowledge and Lessons for Reforms (KPI 2015) 94) [in Thai].
14 Ombudsman Act (n 10) s 24 para 1.
Page 137 of 367 online form on the IPCC website. Forms are also available to download,
complete and email or to print off, complete by hand and post to the relevant police force.16
You can, of course, use the IPCC‘s online complaint form. But please note that if you complete our form it is automatically sent to the relevant police force and we will not log the details.17
It can be seen that, in effect, the handling of police complaints in England and Wales is a shared responsibility where the police have a crucial role at the initial stage not least the process of recording of complaints.18 A fundamental difference between access to the complaints systems operated by the Thai Ombudsman and that by the IPCC in England and Wales is thus that the Ombudsman has the remit to handle complaints right from the start whilst the IPCC does not.
Under the Ombudsman system, an inquiry into malpractice may be conducted without a complaint. Subject to paragraph 2, section 13 of the Ombudsman Act, it is specified that:
In exercising of powers and duties …, the Ombudsmen shall proceed where there is a complaint thereon, provided that the Ombudsmen is of opinion that such act causes injuries to the public or it is necessary to protect public interests and, in such case, the Ombudsmen may consider and conduct and inquiry irrespective of a complaint.
The fact that the Ombudsman is capable of handling malpractice on its own initiative is to the advantage of the Thai public as a whole since the Ombudsman can intervene in the
16 Independent Police Complaints Commission, ‗A Guide to the Police Complaints System‘ (IPCC 2013).
17 Independent Police Complaints Commission, ‗Complaints‘ (IPCC) <https://www.ipcc.gov.uk/complaints>
accessed 10 March 2015.
18 Recording of complaints is the process whereby a complaint is given an official status and will be dealt with.
Page 138 of 367 situation where malpractice has reportedly been perpetrated without having their hands tied by regulations. In contrast, the IPCC does not hold any power to investigate misconduct on its own initiative as the Commission explained that:
Under the existing complaints and conduct system a matter (whether a complaint, a conduct matter or a death or serious injury) must first be recorded before the IPCC can commence an investigation. This means in the majority of cases the IPCC cannot begin to act until a [local] police force has taken the first step. The IPCC has an existing power to direct that a conduct matter be recorded by the force. However, that still requires a force to be identified and for them to assess the matters, complete necessary paperwork and then formally refer the matter back to the IPCC…19
Thus, the IPCC has to rely on the police whom it oversees to begin the process of investigation;20 this demonstrates how influential the role of the police is in the English complaints system.
(b) Complaints Procedures
Once a complaint has formally been recorded, the Ombudsman needs to proceed with an inquiry. In this regard:21
The Ombudsmen shall, upon the complaint under this Organic Act, finish its consideration without delay and shall enable the complainant, government official, official or employee of related government agency, State agency, State enterprise or local government organisation to give a
19 Independent Police Complaints Commission, ‗Improving Police Integrity: Reforming the Police Complaints and Disciplinary Systems‘ (IPCC 2015) para 156.
20 ibid paras 157-158.
21 Ombudsman Act (n 10) s 31 para 1. Note that the Ombudsman may not record a complaint, if it is of opinion that the complaint is concerned with corruption charges or the matter that is being heard in court, for instance. For further detail, see ss 28, 29 of the Ombudsman Act.
Page 139 of 367 statement and present evidence in relation to their statement as
appropriate.
In the course of an inquiry, the Ombudsman inquiry officer has the following powers when establishing the facts:22
(1) to request a government agency, State agency, State enterprise or local government organisation to give, in writing, a statement of fact or opinion concerning its performance or to submit any related object, document, proof or evidence for consideration;
(2) to request the superior or officer of the agency under (1), public prosecutor, inquiry official or any person to give a statement of fact in writing or orally or to submit any related object, document, proof or evidence for consideration;
To lend some weight to the Ombudsman‘s request, punitive measures are provided for as follows:23
Whoever violates or fails to comply with section 15 (2) shall be liable to imprisonment for a term of not exceeding six months or to a fine of not exceeding ten thousand Baht or to both.
Mr. Wongsarayangkun – the current chair of the Thai Ombudsman has claimed to have led the way in changing the authority‘s approach to the handling of complaints.24 Prior to the changes, complainants would rarely have the opportunity to be aware of any justification provided in an account by the officers involved. Complainants are now told what justification the officers involved have given which will allow them the opportunity to
22 ibid s 15(1), (2).
23 ibid s 45.
24 Office of the Ombudsman, ‗12 Years on: Thai Ombudsman‘ (Thai Ombudsman 2013) 51 [in Thai]. Note that Mr. Sriracha Wongsarayangkun has been appointed as the chair of the Ombudsman in 2015 after having served as one of the ombudsmen since 2010.
Page 140 of 367 challenge it. He explained further that in terms of police complaints, what the Thai Ombudsman usually does following the recording of complaints is that the alleged officer would be required to provide a detailed account of the incidents of alleged malpractice.
The chair of the Thai Ombudsman stressed that repeated attempts may be made in some cases to maximise the opportunity for complainants to prove all the points that they regard as crucial.25 In addition to that, a number of complainants indicated that one of the merits of the Ombudsman system is the promptness of the handling of complaints:
I decided to use the online application service [to register a complaint with the Ombudsman]. To be honest, I‘ve done that even though I have no confidence that they [the Ombudsman] will respond to me.
Unexpectedly, I got a reply email within a week saying that one of the officers at the Ombudsman will take me to the police station where the officer complained against is serving in order to inquire about the alleged misconduct. He [the Ombudsman‘s officer] did what he said. After that, it took only a month or so for my complaints to have finally been resolved.26
I first raised the issue with one of the senators. He contacted the Ombudsman and advised me to register a complaint. Then, I got a call from the officer there [the Ombudsman] seven days after the submission of a complaint. I would say that even though I haven‘t got what I wanted, my view is that the Ombudsman responded and addressed my complaint very promptly and I totally understand that it is not within its remit to deal with all the issues I face up to.27
25 ibid.
26 Interview with [anonymous], a complainant D (Bangkok, Thailand, 8 July 2014).
27 Interview with [anonymous], a complainant E (Bangkok, Thailand, 17 July 2014). Note that s 26 of the Ombudsman Act allows MPs or senators to complain on behalf of the injured party.
Page 141 of 367 During my interview with one of the ombudsmen, the agreed time frame for the handling of complaints was commented upon as distinguishing the Thai Ombudsman system from other complaints systems in Thailand:
We‘ve set out our goal to complete each inquiry within six months and, at all events, it should not exceed a maximum of twelve months ,…28
Consistent with the above claim, the following pie chart illustrates the complaints that have been dealt with and completed within different time frames in 2013:29