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Analysis: Why can’t we sue the police for negligence? Analysis: Why can’t we sue the police for negligence?
(35 minutes later)
You call the police in your moment of need and they don't turn up until it's too late.You call the police in your moment of need and they don't turn up until it's too late.
But while you may want to be drag them through the courts, your chances of winning are probably nil.But while you may want to be drag them through the courts, your chances of winning are probably nil.
That's the result of an important Supreme Court judgement which has underlined the long-standing legal principle that police cannot be sued for negligence - and it reinforces their special position in the law. That's the result of an important Supreme Court judgement which has underlined the long-standing legal principle that police cannot be sued for negligence because they have a special position in public service and under the law.
If a barrister bungles your case, you can sue. If a firefighter turns off a building's sprinklers amid an inferno, you might have a case for damages.If a barrister bungles your case, you can sue. If a firefighter turns off a building's sprinklers amid an inferno, you might have a case for damages.
But you can't take the police to court if they were negligent - which is just what the family of Joanna Michael have tried and failed to do. But you can't take the police to the cleaners in the same way - which is just what the family of Joanna Michael have tried and failed to do.
Ms Michael was 25 when she was murdered by her former boyfriend in her home in St Mellons, Cardiff.Ms Michael was 25 when she was murdered by her former boyfriend in her home in St Mellons, Cardiff.
In August 2009, Cyron Williams broke into her home after learning she had a new man in her life. Williams bit her ear, threatened to kill her and took the other man into his car.In August 2009, Cyron Williams broke into her home after learning she had a new man in her life. Williams bit her ear, threatened to kill her and took the other man into his car.
She dialled 999 from her mobile - but her call went through to the wrong control room - Gwent rather than South Wales Police.She dialled 999 from her mobile - but her call went through to the wrong control room - Gwent rather than South Wales Police.
She said Williams had threatened to kill her - but by the time patrolling officers from South Wales Police were on the case, the call had been downgraded, giving them an hour to get to the scene.She said Williams had threatened to kill her - but by the time patrolling officers from South Wales Police were on the case, the call had been downgraded, giving them an hour to get to the scene.
Around 15 minutes later, Joanna Michael was dead. As Williams had arrived back at her home, she made a second 999 call and Gwent's control room heard her screams as Williams stabbed the mother-of-two to death. He is now serving a life sentence for murder.Around 15 minutes later, Joanna Michael was dead. As Williams had arrived back at her home, she made a second 999 call and Gwent's control room heard her screams as Williams stabbed the mother-of-two to death. He is now serving a life sentence for murder.
Legal shieldLegal shield
Since then, the two police forces have apologised for their mistakes - but that doesn't mean they admitted they were negligent - nor could they be sued if they did.Since then, the two police forces have apologised for their mistakes - but that doesn't mean they admitted they were negligent - nor could they be sued if they did.
And it all comes down to a long-standing legal shield that was created for the police in the wake of allegations of blunders and bungling by detectives on the hunt for the Yorkshire Ripper.And it all comes down to a long-standing legal shield that was created for the police in the wake of allegations of blunders and bungling by detectives on the hunt for the Yorkshire Ripper.
The last woman to be killed by Peter Sutcliffe before his 1981 arrest was Jacqueline Hill, a student at Leeds University.The last woman to be killed by Peter Sutcliffe before his 1981 arrest was Jacqueline Hill, a student at Leeds University.
Her mother sued West Yorkshire Police, arguing that her daughter would have still been alive had the investigation had followed up the existing clues leading to the serial killer.Her mother sued West Yorkshire Police, arguing that her daughter would have still been alive had the investigation had followed up the existing clues leading to the serial killer.
But in a 1988 ruling, the Law Lords said that the police could not be held liable because the public interest lay in protecting the police from negligence claims.But in a 1988 ruling, the Law Lords said that the police could not be held liable because the public interest lay in protecting the police from negligence claims.
Why? Because, quite simply, they wouldn't be able to police properly if they were constantly looking over their shoulder waiting for the next writ to be thrown at them.Why? Because, quite simply, they wouldn't be able to police properly if they were constantly looking over their shoulder waiting for the next writ to be thrown at them.
Chief constables would shift all of their resources into tactics designed to avoid ending up in court, rather than trying the best for the whole of the community.Chief constables would shift all of their resources into tactics designed to avoid ending up in court, rather than trying the best for the whole of the community.
The principle that the police owe no duty of care to specific people remained largely untouched until 1998, when the European Court of Human Rights intervened in a case called Osman.The principle that the police owe no duty of care to specific people remained largely untouched until 1998, when the European Court of Human Rights intervened in a case called Osman.
An obsessive teacher had stalked his former pupil, Ahmet Osman, and eventually killed his father, Ali.An obsessive teacher had stalked his former pupil, Ahmet Osman, and eventually killed his father, Ali.
The family argued successfully that the Metropolitan Police had breached Mr Osman's right to life because the force had all the information it could ever have needed to deal with the threat.The family argued successfully that the Metropolitan Police had breached Mr Osman's right to life because the force had all the information it could ever have needed to deal with the threat.
That ruling had a profound impact on the police. Chiefs have since developed a complex methodology for assessing risks. They even send formal letters known as "Osman warnings" to people who they suspect may face a risk to their life. Here's a model Osman letter.That ruling had a profound impact on the police. Chiefs have since developed a complex methodology for assessing risks. They even send formal letters known as "Osman warnings" to people who they suspect may face a risk to their life. Here's a model Osman letter.
Stephen Lennon, the former leader of the English Defence League, is one such recent recipient.Stephen Lennon, the former leader of the English Defence League, is one such recent recipient.
Blame gameBlame game
But the law around Osman only goes so far - and Wednesday's Supreme Court judgement underlines that.But the law around Osman only goes so far - and Wednesday's Supreme Court judgement underlines that.
In the lead judgement, Lord Toulson said the law is clear that the only person who is to blame for harm is the person who caused it.In the lead judgement, Lord Toulson said the law is clear that the only person who is to blame for harm is the person who caused it.
He ruled that even if the police could be reasonably aware of a threat to life, that does not mean they have an immediate duty of care to that specific individual which overrides everything else they must do.He ruled that even if the police could be reasonably aware of a threat to life, that does not mean they have an immediate duty of care to that specific individual which overrides everything else they must do.
Does the door remain open for another challenge? Two of the seven Supreme Court judges ruled in the family's favour. Lord Kerr and Lady Hale said that if any case crossed a high bar for suing the police for negligence, then it would be the death of Joanna Michael.Does the door remain open for another challenge? Two of the seven Supreme Court judges ruled in the family's favour. Lord Kerr and Lady Hale said that if any case crossed a high bar for suing the police for negligence, then it would be the death of Joanna Michael.
That means that in the past decade three of our most senior judges - the other being the late Lord Bingham - have argued that the police should, sometimes, face the music. That means that in the past decade three of our most senior judges - the other being the late Lord Bingham - have argued that the police should, sometimes, face the music. So the pendulum may be on the turn towards making the police liable.
The silver lining for Joanna Michael's family is that the Supreme Court says they can sue under human rights law for a breach of a right to life. That won't lead to a great deal of compensation - that's not how our system works. But it may lead to a form of justice. The silver lining for Joanna Michael's family is that the Supreme Court says they can still sue under human rights law for a breach of a right to life. That won't lead to a great deal of compensation - that's not how our system works. But it may lead to a form of justice.
But for anyone else who thinks the police have bungled their case and utterly let them down, for now, it remains impossible to sue for negligence. But for now, anyone else who thinks the police have bungled their case and utterly let them down should know this: police negligence is the legal line that still can't be crossed.