Police misconduct solicitors: How to make a police misconduct claim

The police play a vital role in keeping us safe and ensuring that those who break the law are brought to justice. Unfortunately, however, the police do not always meet the standards we should be able to expect of them.

Recent shocking cases, including the horrific actions of Wayne Couzens and David Carrick, have damaged public perception of the police. Coupled with ongoing claims of a culture of misogyny in the police, as well as recent admissions from high-ranking officers that the police is institutionally racist, trust in the police has been sorely damaged. In fact, only 37 percent of people think the police are doing a good job, and more than half think they are doing a worse job than thirty years ago.

In this situation, it’s important to know that you do not have to accept mistreatment at the hands of the police. If you have been a victim of police misconduct, you have the right to seek compensation through a police misconduct claim. In this post, we’ll explain in detail how to recognise police misconduct and how those affected can secure the compensation they deserve.

A photograph of a blue police light above a police station doorway.

What is police misconduct?

Police misconduct refers to situations where the behaviour of the police falls short of the standard expected of them. These standards are set out by the Standards of Professional Behaviour, as specified by the Police (Conduct) Regulations 2020. These standards are intended to clarify what the public can expect from police officers. As a result, they can help you to identify when their behaviour has fallen short.

The ten standards outlined in the Police (Conduct) Regulations 2020 are as follows:

Honesty and integrity
Authority, respect and courtesy
Equality and diversity
Use of force
Orders and instructions
Duties and responsibilities
Confidentiality
Fitness for duty
Discreditable conduct
Challenging and reporting improper conduct

As you can see, the standards cover a range of different types of behaviour, including the way police officers treat members of the public (“authority, respect and courtesy”) and how they make use of force in the line of duty (“use of force”).

Of course, given the range of standards outlined here, it may not be clear to you whether the behaviour you’ve experienced on the part of a police officer constitutes misconduct. Let’s look at some specific examples to guide you.

A picture of two police officers wearing white helmets and high-visibility jackets each riding a police motorbike at speed down the road.

Examples of police misconduct

Police misconduct can take many forms. However, there are some specific examples that can have a particularly negative impact on those affected, and which it is vital that you are able to recognise. This includes:

Excessive force. While the police are permitted to use force in some circumstances, this force must be reasonable. That means it must be necessary and proportionate to the situation. If it is not, then this may constitute excessive force.
Wrongful arrest. A lawful arrest can only be carried out with a warrant or if there is a reasonable suspicion and necessity to arrest – for instance, to prevent a crime from taking place. Otherwise, the arrest will not be legally justified.
False imprisonment. This refers to situations where you are detained without a lawful reason or for longer than is permitted by regulations. To learn more, read our blog post on how long the police can hold you in custody.
Unlawful stop and search. The police can only stop and search you if they have reason to believe you are carrying specific objects, including weapons, stolen property or drugs. Or if they suspect you to be a terrorist and feel you may have something on your possession which may constitute as evidence you are a terrorist. If they stop you without the proper justification, this may be unlawful.

As you can see, there are many different cases in which the police’s treatment of you may fall short of expectations – with potentially devastating consequences. Any of the above examples may result in physical injuries, mental health issues, and financial losses.

For more insight into the different forms police misconduct can take, read our post on examples of police misconduct cases. If you’d like to learn about more extreme examples of police misconduct, read our post on police gross misconduct.

What should I do if I experience police misconduct?

If you are a victim of police misconduct, this can be an extremely painful and distressing experience. That’s why it’s essential that you are aware of the steps you can take to seek redress.

In the first instance, you can make a complaint about your treatment to the police force responsible. The Independent Office for Police Conduct (IOPC) provides a useful template on their website you can use for writing your complaint. This will help you ensure you include all the necessary information. For more details, read our post on how to make a complaint against the police.

Making a police complaint can be a vital step to moving on from the incident. It can result in the police force acknowledging their wrongdoing and taking disciplinary action against those responsible. However, it will not lead to you receiving any compensation.

If you have suffered damages due to police misconduct, you should consider seeking compensation through a police misconduct claim, otherwise known as a civil action against the police. This compensation can help to support your recovery, including any ongoing medical costs, as well as to offset any financial losses you experienced if you were unable to work for any period. Most importantly, it also constitutes an acknowledgement of the harm you suffered.

How to make a police misconduct claim

In order to seek compensation through a police misconduct claim, you will need to take the police force responsible to court.

While this may sound like a difficult step, particularly if you are still struggling with the after-effects of the incident, it can be made simpler and smoother with the help of an experienced solicitor.

By working with a solicitor who has in-depth and extensive understanding of the relevant regulations, you’ll have the confidence that your police misconduct claim is being presented in the most effective way. Your solicitor will be able to gather the necessary evidence on your behalf and take care of the whole process while you focus on your recovery.

If the solicitor you choose has previous experience with civil actions against the police, they will also be able to provide a sensitive and thoughtful service built around an understanding of the suffering you’ve experienced. This can be particularly important in the aftermath of such a distressing incident.

An up-close image of a blue police light siren on top of a police car.

HNK Solicitors can support your police misconduct claim

Police misconduct covers a range of different situations, from wrongful arrest to excessive force and unlawful stop and search. But what unites these different examples is the devastating impact they can have on those affected. And that’s why it’s essential that victims consider pursuing compensation through a police misconduct claim.

Here at HNK Solicitors, we’ve helped many clients to successfully seek compensation through a police misconduct claim. Our highly experienced team have an extensive knowledge of the relevant regulations, as well as a commitment to ensuring that victims secure the full amount of compensation they are entitled to.

Our team provides free consultations for those who think they may have experienced police misconduct. They will discuss your case and help you decide if you may be entitled to compensation – all without any obligation to pursue a claim. If you do wish to pursue a claim, we can offer to take this up on a no-win, no-fee basis.

To arrange your free consultation, call us today on 0151 668 0809, or email us at enquiries@hnksolicitors.com.