Actions Against the Police

A wide range of people may be entitled to bring a civil claim against the police where police conduct has infringed their legal rights. These include:

• Individuals whose rights were directly infringed: Anyone who has been subjected to unlawful police conduct, such as wrongful arrest, excessive force, false imprisonment, discrimination, or breaches of human rights, may be entitled to bring a civil claim.
• Claims brought on behalf of a child: If the affected person is under 18, a parent or legal guardian can bring a claim on their behalf.
• Adults who lack mental capacity: Claims can be made for adults who are unable to manage legal proceedings themselves due to conditions such as severe mental illness, learning disabilities, or brain injuries. A litigation friend  can act in their best interests.
• Families following a death in custody or after police contact: Close relatives may bring claims where a loved one has died while in police detention or following police involvement.
• Victims of flawed police investigations: Individuals affected by serious investigative failures, including victims of rape or sexual assault, may be able to claim where police failings have caused additional harm or distress.

There are strict time limits in place for making claims against the police. These are:

1. Wrongful arrest / false imprisonment: 6 years from the date of the incident
2. Personal injury / assault: 3 years from the date of the incident or date of knowledge
3. Complaints to the IOPC: 12 months from the incident
4. Claims under the Human Rights Act: 1 year from the act complained of

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.

The evidence needed will depend on the type of claim being made. Claimants will usually require witness statements, body worn footage or CCTV, arrest records and medical records. We can assist you to obtain this evidence.

If you have already have any documents or footage, it can be helpful to provide these when you first contact us.

Most claims against the police are funded through Legal Aid. This is funding for legal claims provided by the government through the Legal Aid Agency. It could mean you won’t pay anything for legal advice, even if your case is unsuccessful. Not every case will qualify for Legal Aid, as funding is subject to eligibility rules, but our solicitors can advise you on whether you may be eligible and discuss alternative funding options if you are not.

We also offer funding on a no win no fee basis, also known as a Conditional Fee Agreement (CFA).  This means you can pursue a claim without worrying about upfront legal costs. Under this arrangement, you do not pay anything at the outset. We can only offer a CFA where we consider that there are reasonable prospects of success and where it is proportionate to pursue a claim.

If your claim is successful, your opponent will pay most of your legal costs. Any legal costs not paid by your opponent may be deducted from the compensation that you receive, which will be clearly explained from the outset.

If your claim is unsuccessful, you won’t pay anything. We won’t charge you, and your insurance policy, if you choose to take one out, will cover your opponent’s legal fees and costs.

The amount of compensation available in a claim against the police will vary from case to case. It will depend on what happened to you and how serious the impact was.

Once we have reviewed the available evidence, we can advise you on the level of compensation that may be available in your claim against the police.

Yes, in some cases you can bring a claim for emotional distress where this has been caused by the police’s unlawful actions.

If there is evidence that your emotional distress amounts to a recognised psychiatric condition, you may have a claim for psychiatric injury. You would need clear medical evidence to support this claim.