How To Sue The Police For Compensation

The police do not have a general duty of care to protect the public from harm. However, they do owe members of the public a duty of care in specific circumstances, such as when:

You are detained in custody, such as at a police station.
You receive advice from the police that you have relied upon.
The police have a specific responsibility to protect you from being harmed by another person.
There is a situation where the police have assumed a duty to act.
They are operating on the road.

You can discuss your own experience by reaching out to an advisor. They are live 24/7, so you’re always sure to get a prompt response to your query.

What Can The Police Be Sued For?

The police can be sued for wrongful arrest, unnecessary or otherwise excessive use of force, and property damage. In the following sections, you’ll get guidance on how you might have a valid claim.

Wrongful Arrest

A wrongful arrest occurs when the police take someone into custody without a lawful justification. In order to have a potentially valid claim, you will need to show that the police had no reasonable grounds to arrest you or failed to follow proper procedures. These procedures are set out in the Police and Criminal Evidence Act 1984 (PACE).

PACE provides the framework for police powers in England and Wales, together with codes of practice. For instance, under Section 24 of PACE, the police can arrest an individual without a warrant if:

There are reasonable grounds to suspect an offence has been committed (or will be).
Someone is committing an offence or is about to.

If such conditions are not met, then there is likely no lawful basis for an arrest, and the time you spend in custody may constitute false imprisonment. Wrongful arrests can have a lifelong impact on the mental health of those who experience them, leading to issues ranging from anxiety to post-traumatic stress disorder (PTSD).

Assault Or Battery

In cases of excessive or unreasonable force, you may be able to make a claim for an assault or battery. Depending on the specific circumstances of the incident, a police assault can lead to serious physical harm, such as a head injury from the use of a baton, as well as psychological damage.

Under both PACE and the Criminal Law Act 1967, the police have the power to use force in order to prevent crime or lawfully arrest someone under certain conditions. However, this force must be deemed reasonable, proportionate, and absolutely necessary for the circumstances at hand.

If, say, an officer tasers someone who is standing passively and not offering any resistance to being arrested, this may constitute excessive force. In turn, this might lay the groundwork for claiming compensation.

Damage To Property

The police may be liable for damage to property in situations where they enter a home without a lawful reason, fail to comply with PACE, or use unreasonable force. For example, if the police raid your property because they have the wrong address, you could seek compensation for any broken doors or smashed windows.

PACE Code B governs the code of practice that the police must follow when searching premises or seizing property. This states:

Reasonable force can be used if necessary and proportionate in situations where they cannot secure the cooperation of an occupier (or their cooperation is insufficient).
The police should conduct searches with due consideration to both the property and the privacy of an occupier.
Detailed records of property damage must be kept, together with an account of how it occurred.
If the wrong premises are mistakenly searched, action should be taken at the earliest opportunity to address any resulting grievance.

Our advisors understand that facing situations like the ones discussed above can be deeply distressing. So, you can rest assured that they will approach any questions you have about how to sue the police with full consideration for your privacy.

Can I Sue The Police If They Injure Me In A Road Traffic Accident?

Yes, you can sue the police if they injure you in a road traffic accident that wasn’t your fault. The police have the same duty of care on the road as members of the public, who are expected to act in ways that prevent injury to others and themselves. This duty also means that officers must adhere to the Road Traffic Act 1988 and the Highway Code.

Say, for example, you are crossing a road and are hit by a police car that fails to stop at a red light while they’re on a routine patrol. In this scenario, you might have valid grounds to claim compensation for the injuries you sustain.

However, there is some nuance here that depends on various pieces of legislation, such as the Road Traffic Regulation Act 1984. In particular, the 1984 act exempts vehicles from speed limits when they are being used for ‘police purposes.’ Nevertheless, even when responding to an emergency, the police must still consider the safety of others.

To discuss your specific road traffic accident experience, please speak with one of our advisors to share what happened to you. They can provide a free case assessment and may be able to connect you with one of the specialist solicitors from our panel.

Can I Sue The Police For A Data Breach?

You can sue the police for a data breach if you can show that you have suffered psychological and/or financial harm resulting from a failure to comply with data protection laws. As an organisation, the police must comply with the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR) when handling or processing personal information.

Police forces routinely collect many types of personal data as part of their day-to-day duties, including:

Personal data: Such as names, phone numbers, and home addresses.
Criminal offence data: Can concern previous offences, allegations, and active investigations, all of which require extra protections under UK GDPR.
Special category data: More sensitive information that also needs additional protection under UK GDPR. This data can include biometrics, such as fingerprints, and details about your political or religious beliefs.

If failures lead to such data being compromised in a breach, it can have serious repercussions for those affected. For example, you might develop severe anxiety or have to move address if the police email your criminal record to the wrong address despite having the correct information on file. Scenarios like these can form the basis for a valid data breach compensation claim.

How Much Compensation Could I Get When Suing The Police?

When suing the police, how much compensation you could get will depend on the type of claim you are making. Moreover, every case is assessed on its individual merits, and compensation will always reflect the uniqueness of each claim.

Our advisors are here to help and can provide straightforward answers to any questions you might have about compensation. You can also read our guide on compensation payouts for a more in-depth examination of this aspect of making a claim.

What Evidence Will I Need To Prove Police Negligence?

The evidence you will need to prove police negligence can range from custody records to bodycam footage. Evidence is crucial when making a claim, as it not only details what happened but can also establish the validity of the case itself.

Key evidence can include:

Warrants or the absence of such documents, which can be used as proof that a search was unlawful.
Custody records or arrest reports, as these can prove false imprisonment or otherwise demonstrate that there was no lawful basis for your arrest.
A copy of a police complaint, if one was made, together with any correspondence that might be relevant to your claim.
Body-worn or CCTV video footage. This may show that police officers used excessive force, or provide insight into what led to your road traffic accident.
Contact details for witnesses, such as family or other members of the public. Your solicitor may ask them to provide a witness statement supporting your account of events.
Medical reports, which include details of your injuries and the results of any tests or scans.

Our panel of solicitors recognises that gathering evidence can appear daunting, especially for claimants who are still recovering from their experience. That is why they take an active role in obtaining and organising evidence to build the strongest claim possible.

If you have any questions, please talk to an advisor to learn more about how to sue the police and the claims process in general.

Is There A Time Limit When Suing The Police?

Yes, there is a time limit when suing the police, but it varies depending on the type of claim. For example, personal injury claims generally need to be started within 3 years of an incident happening. You can find out what time limit may be applicable to your particular case by reaching out to our advisory team.

Can I Sue The Police With A No Win No Fee Solicitor?

If you have an eligible claim, you can sue the police with a No Win No Fee solicitor, no matter where you are based in the country. Our panel of solicitors work specifically under the terms of a Conditional Fee Agreement (CFA), which can be hugely beneficial for their clients. That is because CFAs protect people from escalating solicitor fees, as there are none to pay upfront or during the claims process itself. In fact, CFAs ensure these fees are never charged when claims are unsuccessful.

If you win, you will need to pay your solicitor a small success fee that is taken out of your compensation. However, there are legal limits on the maximum percentage that can be deducted, meaning you keep most of the compensation.

You can find out more about CFAs by reaching out to an advisor, but please continue reading as we’ll next take a look at some of the services offered by our panel of solicitors.

Why Choose How To Sue

By choosing How To Sue, you will benefit from an empathetic, client-focused service that drives how our panel of solicitors approach every case. They have seen firsthand the distress faced by clients who have had their faith in the law shaken by their experiences. Mindful of that, they work tirelessly to build a supportive environment tailored to their clients’ needs, so they are always heard and valued from start to finish.

Here are just some of the ways one of the expert solicitors from our panel can support you:

Personalised care: Our panel of solicitors handles every case with compassion and a commitment to the well-being of their clients. Beyond practical support, that means coordinating access to various specialists, including psychologists and occupational therapists.
Evidence: Every detail will be considered for your claim, and you’ll also get help with gathering evidence, such as police custody and medical records.
Regular communication: From the outset, you’ll be kept informed about the progress of your case, so you stay in control throughout the claims process.
Advocacy: Your solicitor will dedicate themselves to negotiating a settlement that reflects the full scope of your experience and any long-term needs you have.

Contact Our Advisors

For further information on how to sue the police, please contact our advisors today through one of the following options:

Phone us on 0800 408 7827.
Talk to us live using our chat.
Use our enquiry form to contact us.

Learn More

You can learn more about when and how you could claim compensation in these guides:

Get an overview of personal injury claims here.
Check how to sue for a broken bone here.
Find out how to sue social services in this guide.

Some references:

Find out how to complain about the police in this resource from the Metropolitan Police Force.
Read about your rights when arrested in this government overview.
The College of Policing published guidance on ethical codes of practice.

We hope our guide has explained how to sue the police, but please get in touch for further advice.

Advice On How To Sue The Police

What Can You Sue The Police For?

Key Points

Jump To A Section