How To Make Police Negligence Compensation Claims

If police misconduct has caused harm to you or a loved one, you could be eligible to claim compensation. The roles of police officers are often varied and may include going into unknown and potentially dangerous situations. However, you should be able to expect that police officers behave in a professional manner. In this guide, we look at when you could make a police negligence compensation claim.

This guide looks at the process of claiming compensation. We start by looking at what such claims are and what police negligence is. Then, our guide looks at the role of the Independent Office for Police Conduct (IOPC) before looking at how to prove your claim. Having an idea of possible compensation settlements is helpful, so our guide also includes a section on how to calculate them. Finally, at the end of the guide, you can find information on how to claim on a No Win No Fee basis.

For further information about making a personal injury compensation claim, please:

• Call us on 0800 073 8804.
• Click ‘claim online’ and complete our contact form.
• Use the live support below.

Browse Our Guide

• Can I Claim Police Negligence Compensation?
• What Is Considered Police Negligence?
• What Is The Independent Office for Police Conduct (IOPC)?
• What Evidence Could Help Me Claim For Police Negligence?
• How Long Do I Have To Claim For An Injury Caused By Police Negligence?
• How Much Police Negligence Compensation Could I Receive?
• Make A Personal Injury Claim Against The Police On A No Win No Fee Basis
• More Resources About Making A Personal Injury Claim

Can I Claim Police Negligence Compensation?

You or a loved one may claim compensation if harmed because of police misconduct. The police must follow professional standards of behaviour, such as those set out in the Police (Conduct) Regulations 1999.

In order to be able to make a personal injury compensation claim against the police, you must demonstrate that negligence occurred. Negligence occurs when a third party owes a duty of care in which they breach, and this leads to a person suffering harm.

In specific circumstances, the police owe a duty of care. These include:

• If a person is detained in police detention or custody.
• If a member of the public has received police advice that they have relied on.

As per the courts, the police do not have a general duty of care to protect the public. However, there are some exceptions:

• The police have taken responsibility to protect a specific member of the public from coming to harm via another person.
• In circumstances where the police have created a duty to act.

Call an advisor to discuss police negligence compensation eligibility.

What Is Considered Police Negligence?

There are a wide range of circumstances in which a police officer could cause avoidable physical or emotional harm. Below, we look at some examples of these. Please note, this is not an exclusive list of circumstances in which you could claim for misconduct by police officers.

• A police officer may misuse a weapon during an arrest. You may sustain a head injury if struck by a baton.
• Police officers use unnecessary physical violence during an interaction, such as an arrest.
• You were unnecessarily restrained or assaulted by a police officer.
•  A detainee is showing signs of self-harm and is not adequately monitored and commits suicide.

In order to claim compensation in any of these (or other circumstances), you must show that the police acted negligently. Later in this guide we discuss the types of evidence which could help you to do so.

People contact our team for more information on what may be considered police negligence.

What Is The Independent Office for Police Conduct (IOPC)?

The IOPC is an independent, non-departmental public body. It is independent of the police and the government and presides over the system for police complaints made in England and Wales.

In most instances, allegations of police misconduct will be investigated by the individual force’s professional standards department. The IOPC will still oversee such investigations, and it will directly investigate in the most serious instances, as well as sensitive matters.

If a member of the public either sustains serious injuries or dies following contact with the police a mandatory referral will be made to the IOPC. Examples of incidents which may be referred to the IOPC could include fatal road traffic accidents, police shootings or deaths in police custody.

Members of the public may submit a complaint through the IOPC. This complaint will be sent to the relevant police force. Any investigation carried out either by the individual force or the IOPC may uncover evidence which can be used in your claim.

Please contact our team to learn more about police negligence compensation claims and making a complaint against a force.

What Evidence Could Help Me Claim For Police Negligence?

In order to make a police negligence compensation claim, you will need to submit a strong body of evidence. Such evidence must clearly show that the officer or force in question has acted negligently.

Vital evidence may include:

• CCTV footage or other video footage – the incident in which you were harmed may have been recorded on CCTV or other video.
• Photographs – you may take photos of any visible injuries.
• Medical records and reports – your medical records may be used to show your injuries. In addition, you may be asked to attend an independent medical exam. This assessment may help to establish whether your injuries are consistent with the alleged incident.
• Witness contact details – statements from anyone who was witness to the accident in question can also help to highlight exactly what happened. If you collect their contact details, these statements can be collected later in the claims process.

Please contact our team today for advice on how to prove your case.

How Long Do I Have To Claim For An Injury Caused By Police Negligence?

Whether your claim is against the police or another party, all claims must be made within the relevant time limit. For personal injury claims, this time limit is three years. However, there are exceptions to this. For example:

• Where the person harmed is under the age of eighteen. Children are not able to make a claim on their own behalf. Instead, a suitable adult may act as a litigation friend. This person may begin the claim at any point before the child turns eighteen. Once they reach 18, if no claim has been made, the standard limit will apply.
• Similarly, where the injured person lacks the mental capacity to claim on their own behalf a litigation friend may act for them. However, the standard three year time limit applies if they regain this capacity. It starts from the date it was deemed their mental capacity had recovered.

Please get in contact with our team to find out more about how to claim on-behalf of someone else.

How Much Police Negligence Compensation Could I Receive?

At this point, having read how to claim, you may wonder how your police negligence compensation could be awarded should your case prove successful. Each claim is individually assessed on its own merits.

In many instances, compensation claims are made up of two heads of claim. These are general damages and special damages. The Judicial College Guidelines (JCG)  may be used to help value general damages (those for your pain and suffering).

We look at some figures from the JCG in the table below. Please note that the top figure is not taken from the JCG. This simply illustrates how your settlement could include compensation for multiple, very severe injuries and related costs. Please only use this table as a guide.

Can I Claim For Loss of Earnings In Police Negligence Claims?

As touched on above, police negligence claims could also include special damages. These are damages which may be awarded for financial losses related to your injury. Below, we look at some examples of special damages:

• Medical expenses – this may include the cost of medical care and treatment, prescription medication and physiotherapy.
• Care costs – this may include the cost of care in a specialist facility or the home.
• Travel expenses – such as the cost of travelling to a medical appointment.
• Loss of earnings and income – this may include income lost whilst you are recovering from your injuries.

You will need to provide additional evidence which proves such losses. Evidence may include wage slips showing reduced income or invoices for medical care.

Please contact us to find out how a No Win No Fee solicitor could help you.

Make A Personal Injury Claim Against The Police On A No Win No Fee Basis

Making a personal injury claim against a police force could be a complex process.  Whilst you can make a claim against the police without a solicitor, we believe that you could benefit from working with one of our solicitors.

The benefits of working with a solicitor can include their help in gathering important evidence, their knowledge of the claims process and help explaining complex legal terminology and processes.

We understand that many people may be concerned about the cost of taking legal action. This is why our solicitors are able to handle claims under a Conditional Fee Agreement (CFA). A CFA may more commonly be called a No Win No Fee agreement. It allows a solicitor to work on a claim without you having to make any payments until your claim is resolved successfully.

At this point, if you make a successful claim, you will need to pay a success fee. This fee is charged as a percentage of awarded compensation and there is a legal limit on how much may be charged. If your claim isn’t successful, there is nothing to pay.

Please contact us to discuss police negligence compensation or to find out how we may be able to help you.

• Phone 0800 073 8804.
• Fill in our contact form by clicking ‘claim online’.
• Use the live support on this page.

More Resources About Making A Personal Injury Claim

Finally, here you can find additional resources which could help with your claim.

• Find out more about the personal injury claims process in this guide.
  Learn more about personal injury solicitors here.
  Here, you can find out how to get more money from a personal injury claim.

External references:

• Learn more about the IOPC in this UK government resource.
• Here you can learn how to request CCTV footage of yourself.
• Learn more about first aid in this NHS guide.

Thank you for reading our guide to making a police negligence compensation claim. Please contact our team for further information on personal injury claims.