Police Law Blog European Decisions Statutory Materials

Domestic Murder: Are the Police Liable?

  • The majority of the Supreme Court have once again concluded that the police owe no duty of care in negligence to members of the public who suffer harm at the hands of criminals.
  • However, the case of Michael v Chief Constable of South Wales [2015] UKSC 2 has confirmed that, although there may be no claim in negligence, the police may still be liable for a breach of Article 2 of the European Convention on Human Rights (ECHR).
  • Such claims can be brought in the domestic courts under the Human Rights Act (HRA) 1998.
  • The police may be held liable to victims (or their families) for clear failures to prevent a potentially fatal incident of domestic violence of which they have received specific warning.

Areas of Continuing Legal Risk: a Review of 2014

A review of the reported legal decisions 2014 relating to policing demonstrates that many of the old risk areas for litigation continued to trouble chief police officers, and increasingly Police and Crime Commissioners (PCCs). While it is difficult for a force to protect itself from litigation following unpredictable major events, such as the London riots, there are particular aspects of policing where forces continue to face repeated litigation, or trends suggest that claims are likely to increase in the future.

The public scrutiny of police activity, and the rights of individual members of the public to bring action when their rights are infringed, are truly fundamental features of open democracy. A certain amount of civil litigation is probably an inevitable feature of modern policing. However, Chief Officers and PCCs ought to be examining carefully whether there are aspects of their police operations that are generating excessive civil claims. Reducing the incidence of such claims ought to improve the standards of policing as well as reducing the annual drain on policing budgets caused by legal claims and their associated costs.

Meeting the Article 2 Operational Duty

In the second of a two-part article for Police Professional George Thomas and Cecily White examine procedures and safeguards that may assist in establishing an appropriate standard for the investigation of all stalking allegations following a review of the existing criminal and civil law relating to stalking.