
%0 Journal Article
%T Can the UK police ever be liable for negligent investigation or a failure to protect?
%J International journal of public law and policy
%D 2011
%A Palmer, Phil
%V 1
%N 1
%P 100-116
%X 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.<p />
%G 
%I Inderscience Publishers
%@ 2044-7663
%U http://dx.doi.org/