Can I sue the police for emotional distress?

As the police hold positions of power in society, they are 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. We understand that suffering misconduct at the hands of the police can cause not just physical injury but also lasting emotional distress and psychological harm.

If you have ever suffered emotional distress as a direct result of police mistreatment, you could be entitled to claim compensation, depending on the factors of your case.

Emotional distress may form part of a wider claim involving unlawful arrest, false imprisonment, police assault, discrimination or a breach of your human rights.

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 sue the police for emotional distress.

When can I sue the police for emotional distress?

We understand that emotional distress is a very serious consequence of police misconduct, impacting both an individual’s mental and physical well-being.

However, feeling distressed, upset or humiliated will not necessarily be enough on its own to bring a successful legal claim. Whether you can sue the police will depend on what happened, the legal basis of your claim, the severity of the harm you experienced and the evidence available.

A claim may be possible where police misconduct has caused a recognised psychological injury or where emotional distress forms part of another legal claim, such as:

• Wrongful or unlawful arrest
• False imprisonment or unlawful detention
• Police assault or the use of excessive force
• Malicious prosecution
• Discrimination
• Misfeasance in public office
• Negligence in certain circumstances
• A breach of your rights under the Human Rights Act 1998

The Human Rights Act 1998 protects several rights that may be relevant to claims involving police misconduct, including the right to liberty, the right for private and family life and protection from inhuman or degrading treatment.

The Police and Criminal Evidence Act 1984, commonly known as PACE, also provides important safeguards concerning arrest, detention, questioning and the treatment of people in police custody. Whether an officer’s actions were lawful, reasonable and necessary will depend on the facts of the individual case. 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.

What types of police misconduct could lead to a claim?

There are several circumstances in which emotional distress may form part of a claim against the police.

Wrongful arrest

An arrest must be carried out lawfully. If you were arrested without the necessary legal grounds or where the arrest was not reasonably considered necessary, you may be able to bring a wrongful arrest claim.

Being unlawfully arrested can cause considerable fear, humiliation and anxiety, particularly if the arrest took place in front of family members, neighbours or colleagues.

False imprisonment or unlawful detention

False imprisonment occurs when someone is unlawfully deprived of their freedom. This may include being held in police custody without lawful justification or for longer than the law permits.

The length and circumstances of the detention, along with its emotional and psychological effects, may be considered when compensation is assessed.

Police assault or excessive force

Police officers are permitted to use reasonable force in certain circumstances. However, the force used must be necessary and proportionate.

If an officer uses excessive or unnecessary force, you may be able to claim for physical injuries as well as any emotional or psychological harm caused by the incident.

Malicious prosecution

A malicious prosecution claim may arise where criminal proceedings were brought without reasonable and probable cause and were motivated by malice. Being subjected to an unjustified prosecution can cause considerable stress, reputational harm and financial loss, as well as more serious psychological effects.

Discrimination

If you were treated unlawfully because of a protected characteristic, such as your race, religion, sex, disability or sexual orientation, you may be able to bring a discrimination claim under The Equality Act 2010.

Compensation in a successful discrimination claim may include an award for injury to feelings.

Breaches of the Human Rights Act 1998

Depending on the circumstances, police misconduct may interfere with rights protected by the Human Rights Act 1998. Emotional distress may be relevant when assessing the harm caused by a human rights breach.

Emotional distress versus psychological injury

There can be an important distinction between temporary upset and a recognised psychological or psychiatric injury.

It is understandable to feel distressed, angry or humiliated after a difficult encounter with the police. However, where a person is seeking compensation specifically for a psychological injury, medical evidence may be needed to show the nature and severity of the condition.

Recognised psychological injuries may include:

• Post-traumatic stress disorder
• Depression
• Anxiety disorders
• Adjustment disorders
• A worsening of an existing mental health condition

You do not necessarily need to have received a formal diagnosis before speaking to a solicitor. However, medical records and an assessment from an appropriate medical professional may help establish the effect the incident has had on you.

If you already experienced anxiety, depression or another mental health condition before the incident, this does not automatically prevent you from making a claim. It may still be possible to claim if police misconduct caused the condition to become worse.

How can you prove emotional distress caused by police misconduct?

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 persistent 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 feel daunting, but evidence can help demonstrate both what the police did and how the incident affected you.

Medical reports from psychiatrists, psychologists or other qualified professionals may be used to establish the nature and extent of your psychological injuries. Your GP records, prescriptions, counselling notes and treatment history may also help support your claim.

Other potentially relevant evidence may include:

• Body-worn camera footage
• CCTV or mobile phone recordings
• Witness statements
• Police custody records
• Arrest and interview records
• Police incident logs
• Photographs of any physical injuries
• Correspondence with the police
• Documents from the police Professional Standards Department or IOPC
• A diary recording your symptoms and how they affect your daily life
• Employment records showing absences or a loss of earnings
• Receipts for treatment, travel or other expenses

If you have messages, photographs, recordings or documents connected with the incident, you should keep them somewhere safe and avoid deleting or altering them. Your solicitor may also be able to request relevant records and footage on your behalf.

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. What I mean by this is described below:

• 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.

What must be established in a claim?

The requirements will depend on the type of claim being brought. It will usually be necessary to establish that there was some form of unlawful conduct or other recognised legal wrongdoing by the police.

Where psychological injury forms part of the claim, evidence may also be needed to demonstrate that:

• The actions of the police caused or materially contributed to the emotional or psychological harm
• The harm was sufficiently serious
• The symptoms are supported by appropriate evidence
• The police’s conduct provides a recognised legal basis for a claim

Claims involving negligence can be particularly fact-specific. It is not enough to show that the police provided a poor service or that their actions caused distress. A solicitor will need to consider whether the necessary legal requirements, including duty of care, breach, causation and loss, can be established.

How much compensation can you receive for emotional distress?

There is no fixed amount of compensation for emotional distress caused by the police. The value of a claim will depend on the specific circumstances and the harm you have experienced.

Factors that may affect the amount of compensation include:

• The type and seriousness of the police misconduct
• The length of any unlawful arrest or detention
• The severity of the emotional or psychological injury
• Whether your symptoms are temporary or permanent
• The effect on your work, relationships and daily life
• Any treatment you have required
• Your expected recovery
• Any physical injuries you also sustained
• Humiliation, loss of dignity or damage to your reputation
• Financial losses, including lost earnings and treatment costs
• Whether there were any aggravating features

In cases involving false imprisonment, assault, discrimination or a breach of human rights, different categories of damages may apply.

An experienced actions against the police solicitor can assess the circumstances of your case and provide more specific advice about the compensation that may be available.

How to sue the police for emotional distress

Before suing the police for emotional distress, you should prioritise your wellbeing, 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, such as a GP, psychologist or psychiatrist. This can help you receive the support and treatment you need while also creating medical evidence of your injuries.

You should also preserve any evidence connected with the incident. Write down what happened while the details are still fresh, including the date, time, location, officers involved and the names of any witnesses.

When you are ready to bring a claim against the police, we advise you to seek the help of an experienced action against the police solicitor. 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 out our online claim form to get started today.

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