Remedies for Police Misconduct
This page aims to give you some information about the remedies that are available to those who have been the victims of police misconduct.
The complaints system is the means by which individual officers can be brought to account through disciplinary or criminal proceedings, but neither is easily achieved. We give careful advice to clients on whether to pursue a formal complaint about the conduct of specific officers, and in the event that they do choose to register a complaint we assist with each stage of that process.
We have extensive experience of achieving financial redress against the police for the wrongs suffered by our clients. We can advise as to whether clients may be entitled to compensation and can assist them in reaching an informed decision as to whether such a claim is in their best interests.
Claims for compensation against the police are usually brought against the chief officer rather than individual officers. A typical claim may be for assault and battery (which includes fear of being assaulted as well as actually being assaulted), false imprisonment (which relates to the period of time when an individual is wrongfully detained) and malicious prosecution (which relates to the instigation of a prosecution for a criminal offence on the basis of evidence concocted and fabricated by police officers). Less typical claims may include negligence (where a failure by the police to fulfil a duty of care owed to an individual has resulted in harm which was reasonably foreseeable) or misfeasance in public office (where public officers have knowingly or recklessly failed in their duty and have acted with bad faith). Where appropriate, claims may include proceedings under the Human Rights Act 1998 (for violations of rights set out in the European Convention of Human Rights) or the Race Relations Act 1976 (where a person has been treated less favourably on grounds of race, colour, nationality (including citizenship), and national or ethnic origin).
We also offer advice, assistance and representation in respect of other remedies, including judicial review challenges to relevant decisions, applications to the Home Office for compensation in respect of miscarriages of justice, and applications to the Criminal Injuries Compensation Authority.