Making a complaint

Types of application

At the Tribunal we consider two different types of application:

  • Claims: You can make a claim under the Human Rights Act 1998 for any breach of human rights you believe has been committed against you. These claims are governed by the Regulation of Investigatory Powers Act 2000 (RIPA) section 65(2)(b). You will find details about the public authorities against which you can make a claim in the relevant information leaflet..
  • Complaints: You can make a complaint against a public authority for using covert techniques against you. These covert techniques are regulated under RIPA section 65(2)(b). and are listed in the complaint form. You can also make a complaint about any conduct of the UK Intelligence Community (UKIC). The UKIC are the Security Service (MI5), the Secret Intelligence Service (SIS) and Government Communications Headquarters (GCHQ).

With effect from 12 March 2018 you can also make a complaint about:

  • the giving and varying of a national security notice as well as conduct under a notice
  • the giving and varying of a technical capability notice as well as conduct under a notice

These changes have not yet been made to the Complaint form.

Although there is a different statutory basis for claims and complaints, within a complaint you can make what amounts to a Human Rights Act claim i.e. as part of your complaint you make a claim against a public authority if you believe the public authority has used covert techniques against you unlawfully. For example, to say that the authority acted in breach of its duty under section 6 of the Human Rights Act by violating Article 8 of the European Convention on Human Rights in the way it used those techniques - and the Tribunal can grant the appropriate relief such as awarding compensation or making a quashing an order.

Making a complaint

You will find the Human Rights Claim (T1) form and the information leaflet on how to complete it.

You will find the Complaint form (T2) and the information leaflet on how to complete it. Information leaflet on how to complete it.

Please email completed forms to us by email at info@ipt-uk.com or by post to the address below.

To complete forms on your computer and return them to us by email you will need to have Adobe Acrobat Reader installed on your computer. Alternatively, you can complete the form by hand and post to:

The Investigatory Powers Tribunal,
PO Box 33220,
London,
SW1H 9ZQ.

You may also request hard copies of the leaflet and forms by writing to the above address.

The Tribunal will need to disclose personal details such as your address and date of birth to the organisation about which you are complaining. This is to allow the organisation to search for any necessary information.

We also require your permission to disclose any further details that may help in the investigation of your complaint. You can give this permission by ticking the box on the form. You do not have to consent, but the Tribunal may not be able to conduct as thorough an investigation if you do not consent to these details being disclosed.

Please complete all requested personal details, then sign and date the form electronically, and check that the conduct you are complaining about relates to one (or more) of the things that the Tribunal can investigate.

Updated Jurisdiction for the IPT

Through Statutory Instrument 2018 No 341, the jurisdiction of the Tribunal has been updated with effect from 12 March 2018 to include complaints in relation to:

  • the giving and varying of a national security notice as well as conduct under a notice
  • the giving and varying of a technical capability notice as well as conduct under a notice

A national security notice is a notice given by the Secretary of State under section 252 of the Investigatory Powers Act 2016 requiring a telecommunications operator in the United Kingdom to take such specified steps as the Secretary of State considers necessary in the interests of national security.

A technical capability notice is a notice given by the Secretary of State under section 253 of the Investigatory Powers 2016 imposing obligations on a postal or telecommunications operator for the purpose of securing that the operator is able to provide assistance in relation to certain warrants and authorisations under the 2016 Act.

The full statutory Instrument can be found at: http://www.legislation.gov.uk/uksi/2018/341/made

Update to Section 2 "What is the Nature of the conduct complained of?"


Last updated: 5 Jul 16