Legal claim arising from being locked out of house

[legalvictim]

I appreciate that this issue is partly linked to civil issue and also complaint about Police actions, but hopefully somebody may know the answer.

I have recently separated from my wife of 13 years. There were never any issues of domestic violence or anything like that, however after I left my wife made a complaint to the Police who then decided to arrest me. Despite there being no allegation of me causing issues at our jointly owned home, or any allegation of threats and it being a minor allegation she claims they advised that she change the locks. She had no legal power to do so and subsequently having nothing that prevents me from accessing my house I have had to embark on an expensive journey to get back in, as all of my belongings are inside and she refuses me access to them. I dare not exercise my lawful right to enter for fear of further allegations and arguing through solicitors including threatening to get a judges order has cost me several thousand pounds thus far. Somebody told me that this wasn't something the police get involved in any more, due to the legal issues.

Setting aside any suggestions of what I could do to get in (as I am aware of my rights in that sense), my main questions are these.

1. Bearing in mind my wife was not legally entitled to change the locks and that the police have cost me a considerable amount of money, can I make a claim against them to reimburse me the legal costs and stress this has caused me?

2. Are there any stated cases around such a situation? As I have looked and cant find any.

[ostell]

So you contact your solicitor for advice which will probably be that you are entitled to recover your goods. So you enter by breaking the lock and when the police turn up you point them to your solicitor and they go away

[legalvictim]

So you contact your solicitor for advice which will probably be that you are entitled to recover your goods. So you enter by breaking the lock and when the police turn up you point them to your solicitor and they go away

Thanks. But bearing in mind the Police had advised her to do something and that advice was a)unlawful and b) has subsequently cost me a great deal of money, I am keen to know if i can make a civil claim against the police to cover the costs incurred as a result of advice contrary to civil law.

[des8]

What has cost you is the changing of the locks, not the police advice.
I doubt you have cause of action to sue the police

[legalvictim]

What has cost you is the changing of the locks, not the police advice.
I doubt you have cause of action to sue the police

Not even if they arranged it for her by sending people from a partner charity round? Surely they have stepped well outside their legal remit?

[des8]

IMO your action should be against your wife.
If that costs her she might have an action against the police

But that is just my view... I have no case law or such to base it on.

[islandgirl]

I agree - no case against the Police. They were acting on what they were told, even if it was wrong.

[legalvictim]

It's annoying as I feel they shouldn't be advising people incorrectly on points of Law that aren't criminal Law and which they aren't qualified in. Surely it would be sensible to advise her to seek legal advice before doing that.

[ostell]

In my previous post that's exactly what happened to me.