Question 1

Are the police allowed to use force?

Accepted Answer

Are the police allowed to use force?

Yes – but any force used must not be excessive and should be appropriate to the level of threat they are faced with. If they act outside what is necessary, you could make a claim for:

Assault – the fear that someone will use force against you
Battery – the use of force against you.

The police need to have justification for any force or physical contact. If they’re attempting to arrest you unlawfully, or they haven’t made clear what they’re arresting you for, any contact made could amount to battery. This also applies if you are trying to defend yourself from an unlawful arrest.

Question 2

How do I start with making a claim against the police?

Accepted Answer

How do I start with making a claim against the police?

Anyone who has had their rights infringed upon by a public body can make a claim. You can also claim on behalf of people who can’t make decisions for themselves (e.g. adults with certain mental illnesses or brain injuries, or children).

Challenging the police can feel like an impossible task. You can complain to the IOPC (without a solicitor), but they deal with huge volumes of complaints and often prioritise the most serious ones (involving serious injury and death). It can be a very complicated and drawn out process.

Having worked on claims against almost every major police UK force, we will listen to what you have to say, advise on the best route forward, and stand by your side through the entire process.

Question 3

What Is The IPCC?

Accepted Answer

What Is The IPCC?

The Independent Police Complaints Commission (IPCC) is an independent body set up to deal with complaints against the police.

Anyone can make a complaint to the IPCC but they tend to only investigate the most serious claims – usually those involving severe injury or death. Complaints not dealt with by the IPCC should be referred to the Professional Standards Department within the relevant police force so that the conduct of the police officer/s involved can be properly investigated.

However, this is often not the case, and we often find examples of both the IPCC and the Professional Standards Department not properly applying the police complaints procedure.

This means although the correct structures are in place for people to file a complaint against the police, this doesn’t guarantee every complaint the attention it deserves. For this reason we advise having the experts on your side.

Question 4

How long do I have to make a claim?

Accepted Answer

There are strict time limits in place. You have 6 years to make a claim for wrongful arrest or false imprisonment or 3 years to make a personal injury claim. Complaints against the police should be made within 12 months and you may be asked for an explanation if you are logging a complaint after this point. There may be exceptions if you are claiming on behalf of a child, or bringing a claim on behalf of someone without the mental capacity to bring their own.

Question 5

What’s The Process For Making A Claim?

Accepted Answer

What’s The Process For Making A Claim?

First of all, you’ll speak to one of our friendly team on the phone. You can talk to us about your situation, and we’ll assess whether or not we can help you. If we’re able to take your claim forward, we’ll get started right away.

Our expert team will look into your case in detail, compiling evidence to make sure your case is as strong as possible. Where appropriate – for example in the case of personal injury – we’ll obtain expert medical opinion to support your claim and show the impact on your life.

Bringing a claim against the police may involve first filing a police complaint. If this is the case, we’ll be able to advise you through the process. You can find out more about how these complaints are dealt with on our Police Complaints Procedure page.

Once we have everything we need, we’ll attempt to settle your claim. Most cases settle out of court and that is always our preferred option, but if this isn’t possible, we will support you through the trial and help you with any court appearance.

Question 6

Who Can Make A Claim?

Accepted Answer

Who Can Make A Claim?

Anyone who believes they have been subjected to police misconduct may be able to bring legal action against the police. You can also bring a claim on someone else’s behalf if they are unable to – for example if they:
- Are a child
- Lack mental capacity to instruct solicitors
You can also bring a claim on behalf of a loved one who has died if an inquest finds that the police or other authority was responsible for their death.

For more information on how we can represent you at inquest, please visit our Inquests page.

Wrongful arrest & false imprisonment

What the police must do if they arrest or detain you

Being arrested or detained by the police can be a very frightening experience. When this is done unlawfully or using unnecessary aggression it can be even more intimidating.

Speak to our specialist

What claims can I make against the police?

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Frequently Asked Questions

Are the police allowed to use force?

How do I start with making a claim against the police?

What Is The IPCC?

How long do I have to make a claim?

What’s The Process For Making A Claim?

Who Can Make A Claim?

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