Can the Police ever be liable for negligent investigation or a failure to protect
Can the Police ever be liable for negligent investigation or a failure to protect
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.
police liability, public policy, negligence, human rights, positive duties, misfeasance
100-116
Palmer, Phil
e0d68c8d-85d6-497a-a468-80d72a60c228
2011
Palmer, Phil
e0d68c8d-85d6-497a-a468-80d72a60c228
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), .
(doi:10.1504/IJPLAP.2011.041892).
Abstract
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.
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Published date: 2011
Keywords:
police liability, public policy, negligence, human rights, positive duties, misfeasance
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Local EPrints ID: 182979
URI: http://eprints.soton.ac.uk/id/eprint/182979
ISSN: 2044-7663
PURE UUID: a02f7081-e0e6-41c6-92c0-db9e46742249
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Date deposited: 28 Apr 2011 13:03
Last modified: 14 Mar 2024 03:01
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Phil Palmer
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