Citation

Palmer P. Int. J. Public Law and Policy 2011; 1(1): 100-116.

Copyright

(Copyright © 2011, Inderscience Publishers)

DOI

unavailable

PMID

unavailable

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.
Keywords: police liability; public policy; negligence; human rights; positive duties; misfeasance.
Reference to this paper should be made as follows: Palmer, P. (2011) 'Can the UK police ever be liable for negligent investigation or a failure to protect?', Int. J. Public Law and Policy, Vol. 1, No. 1, pp.100-116.