Backbench MPs in England and Wales are pushing to overturn a 2025 Court of Appeal ruling that grants police officers broad immunity from civil lawsuits, citing risks of devastating consequences
for crime victims.
The legal challenge centers on a 2025 Court of Appeal decision that extended police immunity to nearly all investigative actions, including cases involving fabricated evidence, negligence, or reckless disclosure of confidential information. Conservative Andrew Mitchell and Labour’s Jess Phillips have proposed an amendment to a parliamentary bill to counteract the ruling, which they argue creates an accountability gap
for victims of policing failures.
The Case That Sparked the Legal Challenge
The ruling stemmed from a domestic violence case where a woman fled her abuser to a secret refuge, but Sussex Police included her new address in a file sent to the Crown Prosecution Service (CPS) without proper confidentiality flags. A CPS lawyer later disclosed her address in court during a bail hearing, exposing her to her abuser. The woman, who was forced to flee again, described the breach as making her safe place… no longer felt safe at all.
The court’s decision expanded “core immunity”—a principle that protects witnesses and lawyers from legal action for statements made in court—to cover a wide range of police activities, including investigative conduct. This has raised concerns that victims of police misconduct could face legal barriers to redress, even in cases of serious negligence or misconduct.
MPs Push to Close the ‘Accountability Gap’
Andrew Mitchell, a Conservative MP, warned that the ruling risks devastating consequences for victims
if not addressed, citing the case of Ali Kololo, a Kenyan woodcutter wrongfully convicted in 2011 due to a Met Police witness omitting key evidence. Kololo, who spent 11 years in jail, is now suing the Metropolitan Police, but the force plans to rely on the Court of Appeal’s immunity principle to defend the claim.
The proposed amendment would strip police of immunity except when acting as witnesses, aiming to hold officers accountable for grave failings. Kate Ellis of the Centre for Women’s Justice warned that the ruling could allow police to face no consequences for their failings
in cases involving domestic abuse, stalking, or rape investigations.
Broader Implications and Ongoing Debates
The government has deferred to a review of police accountability launched after concerns from policing leaders, victims, and families about the current system’s adequacy. Sussex Police and the National Police Chiefs Council declined to comment on the specific legal challenges, while the Metropolitan Police stated it would not comment on the ongoing civil claim against it.
The debate highlights tensions between protecting free speech in legal proceedings and ensuring accountability for policing errors. Critics argue that the immunity ruling could deter victims from seeking justice, while defenders emphasize the need to prevent litigation from undermining investigative work.
The outcome could hinge on a separate Supreme Court appeal scheduled for this month, which may overturn or uphold the 2025 ruling. Meanwhile, the parliamentary amendment faces scrutiny as lawmakers weigh the risks of eroding police independence against the need to protect vulnerable individuals from systemic failures.