Q&As

Should claims against the police be submitted through the claims portal?

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Published on LexisPSL on 27/06/2016

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • Should claims against the police be submitted through the claims portal?

Technically, police officers are not employees, but office-holders. However, under section 88 of the Police Act 1996 (PA 1996), the Chief Constable of the relevant police force (or the Commissioner of Police for the Metropolis in London) will be vicariously liable for ‘any unlawful conduct of constables under his direction and control in the performance or purported performance of their functions’ in the same manner as an employer.

As a public authority, the courts have attempted to limit the possible liability of public authorities in negligence on public policy grounds and the rights of the claimant have often been weighed up against the public interest as a whole. In certain cases, the court will assess the facts of each case and attempt to balance the social needs of the public authority to carry out its role effectively as against the injured claimant's needs for compensation.

When a member of the public is injured as a result of the acts/omissions of the police in the performance of their public duties, the key questi

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