Garda Síochána Ombudsman Commission

(1) Role of the Garda Síochána Ombudsman Commission (GSOC)
(2) What you can expect from GSOC
(3) What happens when you make a complaint to us
(4) How we will investigate your complaint
(5) What happens after we investigate your complaint
(6) How will GSOC respond to your needs
(7) How GSOC responds to different categories of complainants
(8) Specific Needs
(9) If we do not meet your expectations
(10) How to contact us

GSOC – the Garda Síochána Ombudsman Commission – was set up in 2007 to deal with complaints against Gardaí.

Any member of the public can make a complaint to us about a Garda. These complaints are handled in different ways depending on what the complaint is about. Our office also investigates incidents where a complaint has not been made, but GSOC thinks it is in the best interest of the public to do so. GSOC must also investigate any incident where a person may have been seriously injured or died while they were in contact with Gardaí. The Minister for Justice and the Policing Authority can also refer cases to GSOC for us to investigate.

GSOC aims to treat the people who make complaints to us in a sensitive and understanding manner, while trying to resolve the issue as fairly as possible.

Our key values are:

• putting the public interest first
• respecting the human rights of everyone with whom we deal
• making decisions based on a thorough and fair analysis of evidence
• being open and transparent by communicating and explaining our actions
• being committed to providing a high standard of public service.

For further information please visit our website www.gardaombudsman.ie.

If you are a victim of a crime that you think has been committed by a Garda, we will:

• acknowledge your complaint in writing within one week of receiving it, and give you a case reference number
• carefully consider your complaint and make an independent decision about whether we can investigate it or not
• give you information about relevant supports available to you from other agencies – emotional, legal or other supports. Our website has a list of agencies, as well as the type of information you can request from us. You can also ask the GSOC officer who is investigating your complaint for this information
• tell you what type of investigation will be undertaken
• write to tell you if we decide not to investigate your complaint and tell you the reasons why.

We will investigate your complaint as follows. We will:

• interview you in a way that is sensitive to your needs in a place that we think is suitable for you and as soon as we can. If you wish, you can bring another person to support you during the interview, unless we think the person you choose would not serve your best interests. If that happens, you can choose someone else
• gather the available evidence in a fair and impartial manner
• assess whether you need special protection and, if that is the case, we will let you know the possible options open to you
• let you know what will be required of you during the investigation and inform you of the types of information you can request
• keep in regular contact with you to let you know how the investigation is going
• always give you contact details so you can contact us if you need to.

Following a GSOC investigation, we will do some or all of the following, depending on the case:

We will send a file on the investigation to the Office of the Director of Public Prosecutions (DPP) and ask for a direction on whether a criminal prosecution should take place.

We will let you know the DPP’s decision. If the DPP decides not to prosecute, you can request the reasons why, either through us or directly from the DPP. If they decide to prosecute, they will let you know what you can expect to happen during that process. They will either make direct contact with you to tell you this, or they will ask us to tell you. We will keep you informed of any court dates or other information we think you need to know before attending court.

We will send a file on the investigation to the Garda Commissioner to see if the Garda authorities agree that Garda personnel should be disciplined or not. We will let you know what you can expect to happen during that process.

If there is not enough evidence available to send a file to the DPP or to the Garda Commissioner, we will close the investigation. If we decide not to continue with the investigation, we will tell you why in writing.

At all times, we aim to be courteous, helpful, respectful and professional. If you are upset about a crime or other traumatic incident, we will respond to your needs in a caring and sensitive manner.

GSOC hopes to meet your needs by:

We will give you the opportunity to make a complaint. We will respond to your concerns and treat you fairly and with respect.

We will do all we can to ensure that you have confidence in our decisions.

We will abide by the principles of Quality Customer Service, do what we promise to do and do our best to give you the right information in a timely manner.

We will answer your questions as fully as we can.

We will keep accurate records of your dealings with us and keep those records safe.

We will be available to answer your questions in person, by telephone, by letter or electronically.

GSOC recognises that different categories of complainants might need additional supports such as follows:

We will treat you with special sensitivity and we will:

• ensure that you are interviewed by a GSOC officer of the same gender, if you wish
• provide you, if you request it and if it is possible, with a doctor of the same gender
• provide you with details of support organisations for victims of sexual offences.

In cases of this type which come under GSOCs remit we will provide you with a Family Liaison Officer who will keep in contact with you or any other person that you have asked to help you. Your specific needs will be assessed, with your input, and the Family Liaison Officer will be able to give you information about support services.

GSOC will make sure that you receive the same information and treatment as any other complainant.

GSOC recognises that children—people under 18 years—who are victims of crime will always have needs that require consideration. When assessing these needs, GSOC will respect your views. When making decisions which concern you, GSOC will take your best interests into account.

We will:

• explain our processes
• provide you with a special interviewer if you need one
• comply with the Children First Act 2015 and national guidelines to protect the welfare and safety of children
• ensure your safety and protection.

As well as keeping your parent, guardian or representative informed, if you wish, we will also keep you up to date.

If you have any form of disability, we will take specific needs or requirements you may have into account.

If you have difficulty with reading or writing, we will be sensitive to your needs.

If you are not fluent in English we will provide a free translation service so that you will receive the same quality of service as far as possible.

If we do not meet your expectations and you would like to ask questions, make suggestions or make a complaint about our service, you can contact us at the details below.

Address: Corporate Services, Garda Síochána Ombudsman Commission, 150 Upper Abbey Street, Dublin 1, D01 FT73.

Tel: 1800 600 800 or 01 871 6600

Fax: 01 814 7023

Email: [email protected]

Website: www.gardaombudsmand.ie