Garda Síochána Ombudsman Commission

The Garda Síochána Ombudsman Commission (GSOC), or Garda Ombudsman, deals with complaints from the general public about members of An Garda Síochána (the Irish police force).

The Garda Ombudsman is independent of the Gardaí.

The Garda Ombudsman was established under the Garda Síochána Act 2005. It replaced the Garda Síochána Complaints Board from May 2007.

Garda Síochána Inspectorate

The Garda Síochána Act 2005 introduced the Garda Síochána Inspectorate which was established in July 2006. The Inspectorate is a separate body that advises on best policing practices with regards the Gardaí’s operational and administrative performance.

Anyone can make a complaint to the Garda Ombudsman about the behaviour of a Garda.

However, you must have either:

• Witnessed the incident in question
• Been directly affected by the incident

You can make a complaint on behalf of someone else if:

• They have signed a consent form (pdf)
• They cannot give consent due to incapacity or age (you will need to provide other documents which explain this)

Complaints from children

It is generally expected that a parent, guardian, or responsible adult would make a complaint on behalf of a child or young person.

However, no lower age limit applies, so children can make complaints themselves. A child can make an appointment to verbally give their complaint in person at the Garda Ombudsman’s office.

You can read the Garda Ombudsman’s child safeguarding statement which explains how they protect children who use their service.

You can submit a complaint in 3 ways:

1. Online through the Garda Ombudsman’s website
2. By post
3. In person at any Garda station

No matter how you make your complaint, you will be asked to complete a complaint form. You can download a complaint form (pdf) from the Garda Ombudsman website.

Is there a time limit on complaints?

Complaints must be made within 12 months of the incident, but the Garda Ombudsman may extend the time limit if there are good reasons.

Are there any penalties for making a false complaint?

It is an offence to provide false or misleading information in connection with a complaint or investigation.

If you are convicted of this offence, you could face:

• A fine of up to €2,500, and/or
• Imprisonment for up to 6 months

On receiving your complaint, the Garda Ombudsman must decide whether your complaint is admissible and should either be referred for informal resolution or investigated.

However, before deciding whether your complaint is admissible, the Garda Ombudsman may seek your consent to have the complaint resolved through local intervention.

Local intervention

If your complaint is about a service issue, such as discourtesy or low-level neglect, the Garda Ombudsman may decide it is suitable for local intervention.

You will be asked for your consent to deal with the complaint in this way. If you consent, the Garda Ombudsman will send the complaint to a nominated Garda Inspector who will try to resolve the complaint with you.

If you are happy with the outcome, the complaint will be closed.

If you are unhappy with the outcome, or if you do not consent to local intervention, the Garda Ombudsman will decide if the case is admissible.

How do I know if my case is admissible?

To be admissible, a complaint must be:

• Made by someone who is entitled to complain
• About conduct by a Garda that could be considered misbehaviour
• Made within the acceptable time limit

A complaint is not considered admissible if it is false or misleading. You will be informed by writing if your complaint is not admissible and the reasons why. If your complaint is not admissible, no further action will be taken.

You can read more about how the Garda Ombudsman decides if they can deal with complaints.

How an admissible complaint is handled

If the Garda Ombudsman accepts your complaint as admissible, it may be handled in one of the following ways:

• Informal resolution or mediation
• Garda Ombudsman criminal investigation
• Garda Ombudsman non-criminal investigation
• Garda investigation
• Garda investigation under Garda Ombudsman supervision

Informal resolution or mediation

Depending on the complaint, you and the Garda may be offered informal resolution or mediation. Both parties must agree in writing for the complaint to be dealt with this way.

Once written consent is received, a case officer who has been trained in mediation will call both you and the Garda separately to discuss the complaint. You will not need to meet the Garda or case officer face-to-face.

All information shared during mediation or informal resolution is confidential. It cannot be used in civil or criminal proceedings, including disciplinary procedures.

If the complaint is resolved informally

If your complaint is resolved informally, both you and the Garda will be asked to sign a form confirming this. No record of the complaint is kept on the Garda's personnel file.

If the complaint is not resolved informally

If the complaint is not resolved, or if either party withdraws consent or stops engaging with the process, the complaint can move forward for investigation or be discontinued.

You can read more about the Garda Ombudsman’s informal resolution and mediation services.

Garda Ombudsman criminal investigation

If a complaint is about a possible criminal offence, the Garda Ombudsman will conduct the investigation itself.

The Garda Ombudsman always investigates where a complaint relates to somebody who died or was harmed during a Garda operation, or while in Garda custody or care.

You can read more about this type of investigation in the Garda Ombudsman’s criminal investigations leaflet (pdf).

Garda Ombudsman non-criminal investigation

If a complaint is about non-criminal matters, the Garda Ombudsman may decide to conduct the investigation itself.

These investigations are only concerned with finding out if there was a breach of Garda regulations. These regulations are set out in Garda Síochána (Discipline) Regulations 2007.

You can read more about this type of investigation in the Garda Ombudsman’s non-criminal investigations leaflet (pdf).

Garda Investigation

If a complaint is about a possible breach of Garda discipline, the Garda Ombudsman may refer the complaint to the Gardaí for investigation.

These investigations are only concerned with finding out if there was a breach of Garda regulations. These regulations are set out in Garda Síochána (Discipline) Regulations 2007.

You can read more about this type of investigation in the Garda Ombudsman’s disciplinary investigations leaflet (pdf).

Garda Investigation under Garda Ombudsman supervision

The Garda Ombudsman may decide to supervise the Garda disciplinary investigation of your complaint if there is a public interest to do so.

The Garda Ombudsman and the Gardaí will agree how the investigation should be handled. The Gardaí will provide progress updates to the Garda Ombudsman as they investigate the complaint.

The Garda Ombudsman can:

• Direct the Garda investigation
• Take over the investigation

You can read more about this type of investigation in the Garda Ombudsman’s supervised disciplinary investigations leaflet (pdf).

You can read more about the different types of investigations.

If my complaint is upheld

Criminal investigation

If the Garda Ombudsman finds there is enough evidence to suggest a crime may have been committed, they will send a file to the Director of Public Prosecutions, who decides whether to prosecute.

Non-criminal investigation

If the Garda Ombudsman or Garda investigation finds that there may have been a breach of discipline, this is reported to the Gardaí who review the complaint and decide if a breach has occurred.

If there has been a breach, the Gardaí can impose a sanction, or set up a Board of Inquiry to recommend a sanction if the breach is more serious.

The range of sanctions vary and can include:

• Advising the Garda on what they should have done in the situation
• A reduction in pay
• Dismissal of the Garda, in very serious circumstances

It is important to note that the Garda Ombudsman cannot decide that a breach of discipline has occurred, and so has no powers to impose penalties or sanctions itself.

If my complaint is not upheld

If there is not enough evidence to find that a crime may have been committed or that there was a breach of Garda discipline, the complaint may be dismissed and will not be investigated further.

Can I appeal if my complaint is not upheld?

It is not possible to directly appeal against a decision made by the Garda Ombudsman.

Review of complaints investigated by the Gardaí

Where the investigation was completed by the Gardaí (and not under Garda Ombudsman supervision), you can ask the Garda Ombudsman to review how it was handled.

It is important to note that the Garda Ombudsman:

• Does not investigate the complaint again
• Cannot overrule a decision

If the Garda Ombudsman finds an issue with the investigation, they tell the Garda Commissioner who decides how to proceed next.

The Garda Ombudsman can investigate a matter without receiving a complaint if there is a public interest to do so.

The Garda Ombudsman can investigate a matter where a Garda may have:

• Committed a crime
• Behaved in a way that would justify disciplinary proceedings
• Conducted themselves in a way that caused somebody to die or be seriously harmed

The Garda Ombudsman may also:

• Investigate the practices, policies and procedures of the Gardaí, if requested to do so by the Minister for Justice
• Make recommendations to try reduce or eliminate complaints

The Garda Ombudsman only handles complaints about off-duty Gardaí or former or retired Gardaí in certain circumstances.

These include circumstances where:

• The behaviour complained of could discredit the Gardaí
• The off-duty Garda’s conduct caused somebody to die or be seriously harmed
• The complaint has been referred to them by the Gardaí
• There is a public interest to do so

Under proposed legislation, the Garda Síochána Ombudsman Commission would be renamed to the Office of the Police Ombudsman.

If signed into law, the Policing, Security and Community Safety Bill 2023 would make several other changes, including:

• Repealing the Garda Síochána Act 2005 in its entirety
• Establishing a new Policing and Community Safety Authority with the oversight functions of both the Policing Authority and Garda Síochána Inspectorate

The Bill is progressing through the different stages of legislation necessary to become law. You can see the progress of the Bill on the House of Oireachtas website.