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Bid to overturn ruling which stops police being sued for failings
The amendment would bar immunity for serious investigative failings and reckless disclosures, as MPs warn the ruling blocks most civil claims.
On Tuesday, Parliament will debate an amendment by Conservative Andrew Mitchell and Labour's Jess Phillips to restrict police immunity. Mitchell told BBC News that failing to close this loophole will have "devastating consequences" for victims.
The 2025 Court of Appeal judgment established that police are immune from civil litigation for statements made during criminal investigations, blocking claims regarding serious human rights abuses and data breaches. This immunity extends broadly across investigative conduct with no exemptions for unjustifiable actions.
Ali Kololo, a Kenyan woodcutter, spent 11 years in jail after a wrongful conviction involving the Metropolitan Police, while a domestic violence victim suffered after Sussex Police and the Crown Prosecution Service leaked her address to her abuser.
Kate Ellis, from the Centre for Women's Justice, warned the ruling creates an "accountability gap," noting that police forces may now avoid consequences for serious investigative mistakes, preventing victims from holding them legally responsible.
The Supreme Court could overturn the judgment at an appeal this month, while a government spokesperson noted that a commissioned review found the current system is not "fit for purpose." Officers can still face criminal prosecution and police misconduct processes.