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).
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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.
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