TY - JOUR PY - 2011// TI - Can the UK police ever be liable for negligent investigation or a failure to protect? JO - International journal of public law and policy A1 - Palmer, Phil SP - 100 EP - 116 VL - 1 IS - 1 N2 - 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.

LA - SN - 2044-7663 UR - http://dx.doi.org/ ID - ref1 ER -