Forced Marriage Protection Orders – the approach to take

Written by: Elizabeth Fox
Published: 5 March 2020

Applications for forced marriage protection orders (“FMPO”s) made pursuant to s.63A of the Family Law Act 1996 are on the rise: in 2018, the government’s Forced Marriage Unit provided advice or support in 1,764 possible forced marriage cases; a significant increase from the following 1200-1400 cases in 2017. Also in 2018, Family Court statistics indicate that 322 applications were made and 324 orders granted. Despite applications being made by police, who must seek leave to make such an application under s.63C(3) of the Family Law Act 1996, and local authorities, the legislation itself does not provide clear guidance as to how the court should deal with such applications. The President of the Family Division, Sir Andrew McFarlane, has now done so in Re K (Forced Marriage: Passport Order)[2020] EWCA Civ 190.

Police liability for damage caused by a third party: act or omission?

Written by: Cecily White
Published: 2 March 2020

In Chief Constable of Essex Police v Transport Arendonk Bvba [2020] EWHC 212 (QB), the High Court (Laing J) refused to strike out a claim in negligence, against the police, where the driver of a lorry carrying cargo had been arrested for drink-driving, and the cargo had been stolen during the driver’s detention at the police station. It demonstrates the continued difficulty to identify what is a police “act” or “omission” – and what amounts to the police causing a state of danger, giving rise to liability.

No bright line between private and public tweeting for professional misconduct

Written by: Elliot Gold
Published: 29 February 2020

It is possible for the social media activity of professionals to amount to professional misconduct, even if seemingly made in a personal capacity and where freedom of speech is claimed. The case of Diggins v Bar Standards Board [2020] EWHC 467 (Admin), holds that there is no “bright line” between conduct that falls within the private realm as opposed to that which is sufficiently public to engage a professional disciplinary jurisdiction. It is sometimes argued in police misconduct hearings that private social-media behaviour of officers falls outwith professional misconduct – that might be the case on particular facts but the instant case shows that this is not necessarily so.

Inadequate investigation into complaint of rape a breach of article 3, £16,500 damages

Written by: Elliot Gold
Published: 27 February 2020

The Northern Ireland High Court in C (A Person under a Disability) v Chief Constable of the Police Service of Northern Ireland [2020] NIQB 3 has awarded damages of £16,500 for a breach of article 3 in respect of a failure by the police to conduct a proper investigation into the reported rape of a twenty-year-old woman with Asperger’s syndrome.

Short shrift for bias and recusal submissions in police misconduct hearings

Written by: Elizabeth Fox
Published: 26 February 2020

In R (Short) v (1) Police Misconduct Tribunal (2) Chief Constable of Bedfordshire Police [2020] EWHC 385 (Admin), Mr Justice Saini delivered a resounding reaffirmation that misconduct hearing panels are well able to put irrelevant and prejudicial matters out of their minds rather than having to recuse themselves and that they are able to determine their own procedures, just like civil courts and tribunals.