action against police/council

[CLL1]

Re: action against police/council

The guide comes from the statute..so it's not a statutory breach anyway. I agree it's not going to be easy to sue the council or the police, either or could be the tort-feasors. Public authorities have so many defences, ie lack of resources being one...however, the compensation and or the court action normally has positive effect, ie a deterrent so that others are not hurt by lack of not well maintained CCTV systems. The other defence is the floodgate argument, ie one claim will lead to many etc.

Yep, would fail on the last Caparo test (public policy)

- - - Updated - - -

You say 'could' create crim. liability, but not here. In your view, why not?

My comment was more of a statement, saying omission can be a criminal offence (an extreme example being manslaughter), but not here to my knowledge (I'm not a criminal lawyer!)

[Openlaw15]

Re: action against police/council

Yep, would fail on the last Caparo test (public policy)

- - - Updated - - -



My comment was more of a statement, saying omission can be a criminal offence (an extreme example being manslaughter), but not here to my knowledge (I'm not a criminal lawyer!)

I was not thinking of a criminal law omission for exacerbating matters although it does exist at common law, I was instead contemplating a tortious omission for making matters worse. The different between civil tort and criminal tort is that the latter is a breach so serious that it justifies criminal liability, one such example as you say is a form of manslaughter by omission.

[CLL1]

Re: action against police/council

Though no liability in tort due to failure of public policy test. Can you imagine how many people would sue the council if their friend got beaten up? Talk about flood gates.

[hollsm]

Re: action against police/council

Thankyou for your reply, we have contacted the government compensation scheme however the compensation we will be entitled to is minimal compared to the cost we will have to pay out for his injurys. The police have admitted to negligence of investigating the case properly,failing to arrest,collect evidence. -leading to the culprit getting away with it..The list is endless..However after speaking to many many law firms no body is interested as the police cannot be sued for negligence,so my next port of call was the council to see if they could be held liable for not fixing the cctv which ultimately would have a) lead to prosecution of the culprit but also b) enabled the police to get an understanding of the incident sooner. As far as I'm aware it is a talking cctv however this didn't happen in our local town/county so am unsure.

- - - Updated - - -

Iv only asked this as something similar happened to a collegues nephew and he claimed against guildford council for something very very similar

[wales01man]

Re: action against police/council

Even if the Police had done their job and the alleged attacker went to court there is no guarantee they would be convicted with or without video evidence.
Can I politely ask if you are trying for some compo from the Council?

[Openlaw15]

Re: action against police/council

Thankyou for your reply, we have contacted the government compensation scheme however the compensation we will be entitled to is minimal compared to the cost we will have to pay out for his injurys. The police have admitted to negligence of investigating the case properly,failing to arrest,collect evidence. -leading to the culprit getting away with it..The list is endless..However after speaking to many many law firms no body is interested as the police cannot be sued for negligence,so my next port of call was the council to see if they could be held liable for not fixing the cctv which ultimately would have a) lead to prosecution of the culprit but also b) enabled the police to get an understanding of the incident sooner. As far as I'm aware it is a talking cctv however this didn't happen in our local town/county so am unsure.

- - - Updated - - -

Iv only asked this as something similar happened to a collegues nephew and he claimed against guildford council for something very very similar

What type of damage has been done to him. You say GBH - but a broken jaw could be GBH by itself. What reasons did the lawyers give for not wanting to sue the police?

[des8]

Re: action against police/council

https://www.supremecourt.uk/decided-...3_Judgment.pdf

The above case confirms the police remain immune from claims arising from failings in the course of investigation.
In other words they might be liable for carelessly causing an accident but not for failing to arrest a suspect.
That is they cannot be sued for negligence

[hollsm]

Re: action against police/council

He had a broken jaw in 2 places and now has metal plates in his jaw..lost 4 teeth and have had to have several repairs and root canals to the remaining teeth that are on the right side of his face..We are looking at getting implants for him but due to the force the teeth were knocked out (his face was kicked and stamped on) he has to have a bone graft

- - - Updated - - -

Because they cannot be sued for negligence

[Openlaw15]

Re: action against police/council

The negligence that I was contemplating was not failure of investigation against police, it was omission by the police for CCTV not working, which creates problems for safety of the public, especially at night.

[des8]

Re: action against police/council

It seems unclear that CCTV has much effect on the incidence of violent crime, so it is difficult to envisage a case against the police on the basis that their failure to maintain coverage creates any problems.http://library.college.police.uk/docs/what-works/What-works-briefing-effects-of-CCTV-2013.pdf
:http://journalistsresource.org/studi...ras-and-crime:
https://www.cctvusergroup.com/downloads/file/Martin%20gill.pdf
I feel that trying to shift the blame onto the police is in a perverse way trying to excuse the perpetrators of violence.
Rather like domestic abusers blaming the victim.
I know this isn't what is meant, but I'm just a tad uneasy about this

[CLL1]

Re: action against police/council

The negligence that I was contemplating was not failure of investigation against police, it was omission by the police for CCTV not working, which creates problems for safety of the public, especially at night.

The police has no duty to maintain CCTV?

[hollsm]

Re: action against police/council

I think there may be some crossed wires..I'm not trying to take action against the police for the camera not working. The police have done myself and my family an incredible about of mis justice which they have held there hands up too. The police have told me the council are responsible for maintaining the cctv and if it had been fixed evidence ect would have been there. And I'm not trying to 'shift the blame' the police have admitted they royaly screwed up..contaminated evidence,didn't act on information..The list is endless..

[wales01man]

Re: action against police/council

Im reading it as you want compo from the Council others are saying no chance as for the Police we all know at times they can be useless and cock things up

[Openlaw15]

Re: action against police/council

The police has no duty to maintain CCTV?

The police (public authority), like the council (public authority) do not have owe duties for omissions generally except in some circumstances. The question one needs to ask is where were the CCTV systems located and operated by whom, also why, on the night in question, were not the CCTV cameras not working/ being maintained.

"The police have told me the council are responsible for maintaining the cctv and if it had been fixed evidence ect would have been there."

Whose premises was the CCTV on, whose employees were responsible for its operation. What are the facts here? Why wasn't the CCTV camera working that night, was it broken, was it being repaired..ie waiting for parts. Was there an alternative camera to use in absentia, if not why not?