Can the Police ever be liable for negligent investigation or a failure to protect

Palmer, Phil (2011) Can the Police ever be liable for negligent investigation or a failure to protect. International Journal of Public Law and Policy, 1, (1), 100-116. (doi:10.1504/IJPLAP.2011.041892).


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The English legal approach to police negligent liability is highly restrictive. Immunity from prosecution continues to be the default position where claimants bring an action for negligent investigation or a negligent failure to protect. The alternative route to liability through the Human Rights Act has been so narrowly interpreted by the House of Lords, making the probability of a successful action as unlikely as an action in negligence. This article discusses the difficulties that claimants have in bringing a successful action and suggests an alternative route may be available using the tort of misfeasance.

Item Type: Article
Digital Object Identifier (DOI): doi:10.1504/IJPLAP.2011.041892
ISSNs: 2044-7663 (print)
2044-7671 (electronic)
Keywords: police liability, public policy, negligence, human rights, positive duties, misfeasance
Subjects: H Social Sciences > HV Social pathology. Social and public welfare
K Law > KD England and Wales
Divisions : University Structure - Pre August 2011 > School of Law
ePrint ID: 182979
Accepted Date and Publication Date:
Date Deposited: 28 Apr 2011 13:03
Last Modified: 31 Mar 2016 13:36

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