Can I sue the police for emotional distress?

As the police hold positions of power in society, entrusted with upholding the law and ensuring public safety, they should be individuals you can trust. When the police abuse these powers, this becomes police misconduct. Suffering misconduct at the hands of the police can cause not just physical injury but also lasting emotional distress.

If you have ever suffered emotional distress as a direct result of police mistreatment, you could be entitled to claim compensation, dependent on the factors of your case. In this article we answer the question ‘can I sue the police for emotional distress’, discuss what constitutes as emotional distress, and explain how you can go about suing the police and claiming compensation for emotional distress they have caused.

Can I sue the police for emotional distress?

Emotional distress is a very serious consequence of police misconduct, impacting both an individual’s mental and physical well-being. The Human Rights Act 1998 is legislation enforced to protect people against circumstances that cause emotional distress and ensure that everyone is treated with dignity and respect.

The police owe a duty of care to members of the public and those they arrest. Alongside the Human Rights Act, which sets out proper and humane treatment, PACE governs police behaviour and considers whether any force used that has resulted in emotional distress was reasonable and necessary.

Whether you can sue the police for emotional distress depends on the specifics of each case. If there’s evidence that an officer acted recklessly or negligently in their duties, causing emotional harm, you may have grounds to pursue a claim.

While it may be challenging to bring a case based solely on emotional distress, it is often linked to other forms of police misconduct, such as wrongful arrest or police assault. In such instances, emotional distress is typically considered part of a broader compensation claim.

What is classed as emotional distress?

In the UK, the law recognises the effect of emotional distress on an individual’s quality of life.

Emotional distress can manifest in various forms of mental health conditions. Post-traumatic stress disorder (PTSD), depression, and severe anxiety are all considered emotional distress and can arise from experiencing police misconduct.

If you have experienced negative feelings such as anxiety, fear, grief, humiliation, or stress after a traumatic event, it may be considered emotional distress. Emotional distress is not just limited to these emotions and can significantly impact various aspects of your life, including but not limited to:

• Withdrawing from friends and family
• Changes in sleep, including oversleeping and insomnia.
• Changes in eating habits
• Trouble concentrating and making decisions.
• Experiencing physical symptoms like body fatigue, headaches, and stomach pain

Emotional distress can also have a knock-on effect and lead to financial losses if it prevents you from attending your job or performing as you should. There are many aspect of police misconduct that can cause you emotional distress, such as the stress, humiliation and anxiety from reputational damage caused by a false imprisonment or wrongful arrest, or trauma caused by police assault or sexual misconduct.

Can I sue the police for emotional distress?

Whilst it may be challenging to make a claim solely based on emotional distress, if you have suffered from a broader personal injury or negligence offence, emotional distress will be taken into consideration. In cases of wrongful arrest, wrongful imprisonment, police assault or police sexual misconduct, emotional distress can be one of the most persisting and heartbreaking after-effects. Therefore, any distress resulting from an incident rightfully plays a big part in the case for compensation.

Proving emotional distress can be daunting, but the best way to prove injury and even help yourself move on from the incident is to seek help. Medical reports from psychiatrists or psychologists detailing the extent of your emotional distress can be used in court as evidence of emotional injury. Other forms of evidence, such as CCTV footage, can also be used to prove the police were at fault.

If your emotional distress arose from negligence, there must be proof that an officer was reckless in their duty. Police negligence leading to emotional distress must satisfy causation and severity to receive compensation.

• The actions or negligence of the police or an officer directly led to emotional distress (causation)
• The emotional distress is substantial and doesn’t go away with time (severity)
• The police’s actions involve some form of wrongdoing, such as intentional harm or negligence.

How to sue the police for emotional distress: steps you need to take

Before suing the police for emotional distress, you should prioritise your well-being so you are in the best frame of mind to make a claim. We advise people to seek help from a medical professional who can assess any mental injuries, like a psychologist or psychiatrist, as this can help you work through and hopefully move on from your emotional distress.

As well as taking care of yourself, seeking a medical professional will also strengthen your claim, as any medical reports can be used in court as evidence of your injuries.

When you are ready to bring a claim against the police, we advise you seek the help of an experienced action against the police solicitors. They will be able to help guide you through the process, ensuring you have everything you need to file a claim with the highest chance of success. Claiming against the police can be difficult and these cases are often highly contested which is why it’s important to have an experienced solicitor on your side who understands the rules and regulations and can fight on your behalf.  

Remember, you don’t have to go through this process alone; you can seek a solicitor to act on your behalf anytime. They can carry out any necessary actions and provide you with invaluable legal advice. Once you have instructed a solicitor to represent you in your claim against the police, they will gather evidence on your behalf and guide you on the best course of action. They will communicate with the police force on your behalf, saving you further emotional distress if you’re concerned or anxious about having to face them yourself again.

HNK Solicitors can help with your police compensation claim

If you have experienced emotional distress as a result of police misconduct, it can lead to unnecessary suffering and affect all areas of your life. When police break the law through mistreatment or negligence, you can make a claim.

At HNK Solicitors, we understand how difficult this can be and will support you every step of the way. Our team of compassionate solicitors specialises in action against the police claims and can assist you in receiving the compensation you deserve. We offer free consultations and operate on a no-win, no-fee basis, ensuring you don’t have to worry about any upfront costs. Contact us today for a free, no-obligation consultation to find help and support. Call us on 0151 668 0816 or email us at enquiries@hnksolicitors.com. Alternatively, you can fill in our online claim form to get started on your claim today.