Claims against the police


Published by a ³ÉÈËÓ°Òô PI & Clinical Negligence expert
Practice notes

Claims against the police


Published by a ³ÉÈËÓ°Òô PI & Clinical Negligence expert

Practice notes
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Introduction

The police force is a pure public authority (ie performs only public functions). Therefore, claims can be brought against it under the Human Rights Act 1998 (HRA 1998) and of misfeasance in public office. For further guidance, see Practice Notes: Personal injury claims under the Human Rights Act 1998 and Misfeasance in public office.

That said, by far the most common claims against the police are those brought in negligence. This Practice Note discusses:

  1. •

    negligence claims by members of the public

  2. •

    negligence claims by members of the police force

  3. •

    negligence claims involving self-harm

  4. •

    claims under HRA 1998

Vicarious liability and the correct defendant

Technically, police officers are not employees but office-holders. However, under section 88 of the Police Act 1996 (PA 1996), the Chief Constable of the relevant police force (or the Commissioner of Police for the Metropolis in London) will be vicariously liable for ‘any unlawful conduct of constables under his direction and control in the performance or purported performance of their functions’ in the same manner as an employer

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Claim definition
What does Claim mean?

The formal assertion of a cause of action by one person (the claimant) against another (the defendant).

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