ACTIONS AGAINST POLICE

Your Rights in a Police Negligence Case

While the chief purpose of any police force is to uphold the law and to protect residents of their area of jurisdiction from harm, any officer or department may be affected by bias (unconscious or otherwise), human error, inexperience, incompetence or negligence.

If you have been harmed or negatively impacted as a result of the actions (or inaction) of a police officer, department or local force, you should explore your legal rights in a police negligence case, and when it comes to actions against the police.

In this article, the police negligence solicitors at DPP Law will discuss your legal rights in cases of possible police misconduct or negligence, and explain the processes involved in civil and legal claims against the police.

What is police negligence and how is it different from misconduct?

The term “police negligence” refers to situations in which the actions of police officers fall short of what is required of them as part of their job. It refers to below-par standards of operation resulting in the failure of a process and/or harm and distress caused to those they are tasked with protecting, undermining their duty of care.

Examples include leaking sensitive information about a victim of crime through human error – thus putting that victim in further danger – or neglecting to properly investigate a crime, leading to the unjust exoneration of the perpetrator.

Police misconduct, on the other hand, refers to cases in which officers have actively behaved illegally or inappropriately. This may include acts of police brutality, false arrest, malicious prosecution or the planting of evidence.

How do negligence claims against the police typically work?

The UK police have their own complaints procedures via the IOPC (Independent Office for Police Conduct), and, if you believe that you have been the victim of police negligence, it is often worth going down this route first.

An official complaint of this kind may result in an apology, further training for relevant members of the force and possible disciplinary action against those involved. In fact, this is often the only way to ensure that discipline is carried out. However, it will not result in any compensation for injuries or distress caused.

It is worth noting, though, that if you make a complaint – and if that complaint is upheld – it could strengthen any legal claims against the police that you may then go on to make in relation to the same case.

Taking legal action against the police is often the best way to apply for proper compensation for negligence, and the process usually runs as follows:

Lay out the reasons for your claim

Before you take any decisive action, you need to be as clear as possible regarding the facts. What precisely happened, what was the result and what are the lasting impacts on you physically, emotionally, financially, reputationally and otherwise?

You also need to decide on the ideal outcome of your claim. What exactly do you wish to achieve by taking legal action against the police?

It’s at this stage that we would highly recommend instructing experienced legal advisors – they can help you to take stock of the situation at hand, to understand your rights and to identify where the police have failed in their duty of care, while enabling you to develop a clear understanding of the best possible realistic outcome of your case.

Evidence collection

Your solicitor will also be able to advise you on the kinds of evidence that will be required by the courts to support your claim, and can assist you with where and how to look for it.

From paper trails and digital footprints to CCTV footage, witness statements and everything in between, you should be able to build a strong case for police compensation with their help.

File and pursue a police complaint

As mentioned earlier, we recommend filing a complaint with the IOPC if you have not already done so. Success in this area will give your case additional leverage, as it will show that the police have admitted fault, and will provide a very useful springboard for the resulting legal investigation.

Instruct your solicitor to begin legal proceedings

Once you have sufficient evidence, and once your IOPC complaint has been concluded, the next step is for your solicitor to launch legal proceedings in full.

It is a slow process, and may take up to three years before your case will be heard in court, but it will give you the best possible chance of proper compensation.

What do I need to prove to make a negligence claim against the police?

While sometimes challenging, the four key conditions of negligence are simple and straightforward. You must prove:

1. That the officers involved had a duty of care towards the injured party (i.e. you).

   It is important to note that, according to the UK College of Policing, the force has “no general duty of care to protect the public at large”. However, in most cases, they do have a duty of care to individuals taken into their custody, or to victims and witnesses of a crime they are investigating.

2. That the officers involved breached that duty of care.
3. This is where a great deal of your collected evidence will be put to use, as you should be able to show their negligence in action.
4. That you, the Claimant, suffered physical or emotional harm or damage as a result of that negligence.

You should also have evidence, possibly including medical records, to attest to this.

That the officers involved should have been able to foresee that damage of this kind would be caused as a result of their negligence.

Your solicitor will be able to help you meet all of these conditions in order to claim correct levels of compensation.

How long do I have to claim for an injury caused by police negligence?

If you are making a personal injury claim, you will have 3 years from the date of the event in which to do so.

There is a 6 year period of limitation when it comes to “common law” claims, including assault, false imprisonment and damage to or loss of property. This same timescale applies to failings related to data protection.

It is worth noting that, should your claim relate to a breach of the Human Rights Act, you will have just 1 year in which to pursue it – and, if you’re claiming under the Equality Act, you’ll have only six months.

What are alternative forms of redress for police misconduct or negligence?

We have already mentioned that you can make a complaint against the police via the IOPC, but it is worth noting that there are other options for redress when it comes to police negligence claims and cases of misconduct. These include judicial review and the Victims’ Right to Review (VRR) scheme.

However, neither of these schemes offers the option for compensation.

Judicial review

Judicial review is a process that may be pursued if the police – or another “public authority” – have made a decision that negatively impacts you, and that you believe is illegal, irrational or procedurally unfair.

While it is a complex process, it is one that potentially enables you to apply to a judge to investigate that decision. A successful outcome may see the judge “quash” or nullify the decision.

VRR

The Victims’ Right to Review scheme allows victims of crime to request a Crown Prosecution Service (CPS) review into certain decisions. VRR specifically relates to cases where the CPS:

• Makes a final decision not to bring proceedings [against the a potential defendant]
• Decides to discontinue or withdraw all charges involving the victim
• Offers no evidence in all proceedings relating to the victim
• Decides to leave all charges in the proceedings to “lie on file”

If a decision of this kind has been made in a criminal case in which you are a victim, you have the right to seek a review under this scheme.

What to do next

If you are considering making a claim against the police, please do not hesitate to contact DPP Law at your earliest convenience. We will help to make you aware of all your rights in a police negligence case, and help you to clarify the basis of your claim, gather evidence, present your case in a court of law and pursue any and all relevant appeals relating to the claim.

Whatever your experience of police negligence or misconduct, we are here to assist you.