We are police claims solicitors in the UK.
Police officers in the United Kingdom have a duty to exercise the law and protect citizens. However, police officers can abuse their positions of power and find themselves in breach of human rights. If you or a loved one have experienced police misconduct, you may be eligible for compensation. This article demonstrates everything you need to know about the different types of claims you can make against the police.
Types of claims against police
False arrest
A recurring complaint made against the police is wrongful or unlawful arrest claims. False arrests occur when the plaintiff is detained without reasonable grounds. When making an arrest the detainee must have their rights read out to them by the police officer/s making the arrest (if not immediately then shortly after). Failure to do so deems the arrest unlawful. The length of time the plaintiff is in police custody will affect the level of compensation they receive. However, there is no minimum period of detention for a claim to be successful.
False arrests can have a detrimental effect on detainees. Whilst the claimant can claim solely for false arrest, it is also common to assist the false arrest claim with assault, excessive force or police negligence.
Excessive force
Excessive force refers to when a police officer uses unnecessary violence when making an arrest. Police can also use excessive force when they continue to use force after the arrestee has stopped resisting and become compliant.
You may be eligible to claim excessive force against the police if you have been:
- struck by an officer’s hands or baton
- tasered
- sprayed with CS gas
Whilst excessive force can leave the plaintiff with severe injuries, you do not need to have been physically assaulted by the police officer making the arrest to make a claim. You may be eligible for compensation even if you only receive a threat by the officer and you were in fear of them using violence.
Police negligence
Whilst this type of claim against the police is less common, there are still complaints and claims you can make against the police for negligence. Incidences of police negligence involve failing to follow the law and its procedures. Negligence can result in a member of the public being injured or dying whilst in custody (although this is rare).
Police negligence claims are particularly complicated as you have to demonstrate that the officer has caused you physical or mental injury as a result of their negligence. You cannot normally sue the police if they are negligent in the way they carry out investigations. It is best to contact a solicitor in order to discuss the likelihood of your claim being successful.
Am I eligible to make a claim?
The key to a successful claim is to provide as much evidence as possible. If you have video footage of the arrest, this video could serve as vital evidence and strengthen your compensation claim. Eye witness accounts can also serve as extremely valuable pieces of evidence. You should seek medical help after being subject to assault by a police officer in order to record your injuries. A medical report will serve as crucial evidence should you take action.
Under the Limitation Act 1980, a personal injury claim must generally be started within 3 years of the accident taking place. Remember to begin your claim before the 3 years is up to avoid losing out on the compensation you deserve.
Get in touch
Here at TDP Solicitors, we can assist you in taking action against the police force for any misconduct you have experienced. All police misconduct cases taken on by TDP Solicitors offer a “no win, no fee” arrangement; you will not have to pay a penny unless your case is successful.
If your case is successful, you will pay a solicitor’s fee once the case resolves. The solicitor’s fee typically tends to be a percentage of the compensation award. However, you will agree on this fee with your solicitor prior to them carrying out your case. To find out more information about claims against the police, please contact us on 0151 242 5111.
