Can I get police negligence compensation?

Police negligence compensation is available to those who have suffered at the hands of police due to their negligent actions. Police negligence is not something to be ignored or brushed off, as it can result in serious, long-term, and even life-changing consequences for individuals who are harmed due to their negligence.

The police have a duty to serve and protect the general public. In order to successfully carry out their role, they are awarded certain powers, and there are strict guidelines in place that they must follow to ensure they are carrying these out legally and are protecting individuals from harm. If the police do not follow these guidelines or uphold their duty of care to the public, this can be classed as police negligence.

Read on to find out more about what constitutes police negligence and how you can claim police negligence compensation.

What is police negligence?

Police negligence involves the police failing to follow procedures or carrying out police misconduct, which results in someone being harmed, either physically or emotionally.

You can claim police negligence compensation if the police have been negligent towards you, which has caused you harm. The police must follow the professional standards of behaviour, set out in the Police (Conduct) Regulations and the guidance set out in the Police and Criminal Evidence Act (PACE). In order to make a police negligence claim, you must be able to prove that negligence has occurred.

Examples of police negligence

The police have a duty of care to individuals who:

• Are detained in police detention or custody
• They have created a danger or assumed a specific responsibility for that persons safety

If the police do not uphold this duty of care, they could be committing negligence. There are many incidents that could be classed as police negligence, for which you could be entitled to make a claim. Some of these examples include:

• Failure to investigate a crime.
• Misusing a weapon during an arrest that leads to injury.
• Police officers use unnecessary physical violence during an interaction.
• If you were falsely arrested due to a mistake on the police’s part, such as arresting the wrong person on a warrant. The police should make every effort to ensure they are arresting the correct individual before they restrain or detain you; if they don’t, this could be classed as negligence.
• Someone who has been arrested or detained, who is showing signs of self-harm and is not adequately monitored while in custody, which leads to them harming themselves or committing suicide.

• failing to allow you access to medical help if needed, see the police ‘Codes of Practice’, and see a written notice about your rights.
• Mishandling of evidence.

How much compensation can I get for police negligence?

There is a range of factors that determine how much compensation you are awarded for police negligence. Some of these factors include:

• Injuries sustained: If you sustained injury due to police negligence, the severity of the injury can change the amount of compensation you are awarded. Compensation for physical injuries will differ from that for psychological or emotional distress.
• Financial losses: You may be able to claim for loss of earnings if the police negligence caused you to miss out on work, you could also claim for the cost of damaged property or specific expenses that occur due to the incident.
• Impact on your life: Police negligence can have a long-term impact on your life, which could affect your ability to work, your social life, and your long-term mental health.
• The degree of negligence: The severity of the actions and negligence by the police will affect the amount of compensation you receive.

The different circumstances of your individual case will determine the value of your claim, so it is hard to provide a precise value for your claim. To read more about what kind of police negligence compensation you can expect, read our police compensation payouts guide.

How to make a police negligence compensation claim

If you have suffered because of police negligence, you could be entitled to claim compensation. It is advisable to instruct a specialist police claims solicitor when taking any civil action against the police, as these cases are highly contested by the police. A specialist action against the police solicitor will be able to effectively assess your claim and navigate the complexities of the law and regulations to get you the highest amount of compensation you deserve.

Get in touch with HNK Solicitors today to arrange a free consultation to discuss the details of your case. We’ll be able to provide you with advice on next steps and an idea of how much compensation we think you’re entitled to. Our team of specialist actions against the police solicitors will then take on the claim on your behalf, fighting to get you the compensation and justice you deserve. We’ll handle all communications with the relevant police force on your behalf, gather evidence, present your claim, and even represent you in court if need be.

We are proud to offer a no-win, no-fee service, depending on the facts of your case, and an initial assessment, so you don’t have to pay a penny upfront to start your claim. To start your claim, call us today on 0151 668 0818, email us at enquiries@hnksolicitors.com, or fill in our online claim form.