Backbench MPs in the UK are pushing to overturn a 2025 Court of Appeal ruling that grants police officers broad immunity from civil lawsuits, citing devastating consequences
for victims of police failings. The decision, which applies to England and Wales, shields officers from legal action in investigations, including cases involving fabricated evidence or negligent disclosures.
The Case That Sparked the Debate
The ruling stemmed from a case involving a woman who fled a domestic abuser to a secret refuge, only for Sussex Police to include her new address in a file sent to the Crown Prosecution Service (CPS) without adequate confidentiality measures. A CPS lawyer later disclosed her address in court, exposing her to her abuser. The woman, who sought compensation for the trauma and loss of safety, argued she was no longer felt safe at all
and faced long-term psychological harm. Her claims were initially rejected, then reinstated, and finally struck out again.
MPs’ Amendment and the Path Forward
Conservative Andrew Mitchell and Labour’s Jess Phillips have introduced an amendment to a parliamentary bill aiming to strip police of this immunity, except when acting as witnesses. The amendment, set for debate on Tuesday, seeks to address cases where police have engaged in grave failings,
such as fabricating evidence or mishandling sensitive data. Separately, the ruling could be challenged at the Supreme Court this month. Mitchell warned that failing to close this “legal loophole” would have devastating consequences for victims.
The amendment also references the case of Ali Kololo, a Kenyan woodcutter wrongfully convicted in 2011 due to a senior Metropolitan Police officer’s omission of key evidence. Kololo, who spent 11 years in prison, is suing the Met, which plans to invoke the same immunity principle underpinning the 2025 ruling. A Met spokesperson declined to comment on the civil claim but expressed support for Kololo and the victims’ families.
Reactions and Concerns
Kate Ellis of the Centre for Women’s Justice warned that the ruling could allow police forces to face no consequences for their failings
in cases involving domestic abuse, stalking, or sexual assault. A government spokesperson noted that a review of police accountability, commissioned after years of concerns, would inform any changes to how police are treated legally. Sussex Police and the National Police Chiefs Council did not respond to requests for comment.
The debate highlights a broader tension between protecting police from excessive litigation and ensuring accountability for misconduct. While officers can still face criminal charges or internal disciplinary actions, civil immunity has left many victims without legal redress. The upcoming parliamentary vote and Supreme Court appeal will determine whether the current framework remains in place or is revised to address these concerns.