
If you believe that the police have behaved incorrectly or unfairly you may be able to take action against them. There are different types of actions and these will depend on your particular circumstances.
- Every year people are injured or killed in road traffic accidents as a result of speeding police vehicles.
- Detainees are also sometimes injured as a result of excessive or unnecessary force used against them whilst in custody.
What Can I Claim For?
If you believe that you have been seriously wronged and that the complaints procedure is insufficient you can bring a claim against the police. You can only sue the police for certain
‘causes of action’ such as:
- Police assault claim
- Death in custody
- Malicious prosecution
- Police negligence
- Breach of Human Rights Act
- Complaints against the police
Who Can Make A Potential Claim?
A complaint about the conduct of someone serving with the police can be made by the following people:
- Any member of the public who alleges that police misconduct was directed at them.
- Any member of the public who alleges that they have been ‘adversely affected’ by police misconduct, even if it was not directed at them.
- Any member of the public who claims that they witnessed misconduct by the police.
- A person acting on behalf of someone who falls within three of the categories above. This category of person is classed as an ‘agent’ or ‘representative’, not as a complainant in their own right, and must have the written permission of the complainant.
There are time limits for making a claim against the Police. But you should not wait until just before you reach the time limit to start your case. It is best to get advice on your case as quickly as you can, while events are fresh in your memory and in any witnesses' memories. The time limits are as follows:
- If you are bringing a claim against the police for racial discrimination, you should start your action within six months. (If you are employed by the police and your claim relates to your employment, the time limit is three months.)
- If your case is under the Human Rights Act, the time limit will depend on the type of action you are taking. If you are applying for 'judicial review' (where you ask a judge to decide whether the police have acted illegally), you should start your case, at the latest within three months of when you first knew about the problem.
- If you are claiming compensation from the police for negligently injuring you, you have to start court proceedings within three years of the day you were injured.
- If your claim is for malicious prosecution, the time limit of six years will run from the day you won your original case.
Malicious prosecution
Many people go to court for offences and are not found guilty. You cannot automatically claim compensation when this happens. You can claim compensation only if you can show you have been a victim of a malicious (deliberately harmful) prosecution. You have to show all four of the following things to be able to claim compensation.
You have to show that:
- You were charged with an offence that you could be sent to prison for; and/or
- Being prosecuted damaged your reputation; and/or
- Defending the case cost you money.
- Medical costs or sufficient loss of earnings.
Let
Help U Claim assess your situation and, in eligible cases, help you secure the best possible compensation. We help people every day claim compensation following all types of accidents, injuries and illnesses sometimes in the most unusual of circumstances.
Call us on
0800 118 5855 or complete our
online form and we'll call you back and tell you straight away whether we think you have a valid case and how you can make a claim.