Can You Sue the Police If You’ve Been Falsely Accused?

By Michael Thompson, Founder of the Falsely Accused Network

At the Falsely Accused Network, one of the most common things we hear on our helpline is: “I want to sue the police.”

For many people falsely accused of domestic abuse or another serious crime, the sense of injustice is overwhelming. Understandably, they want accountability. But the reality of suing the police in England and Wales is complicated – and it’s important to know what the law actually allows.

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What Grounds Exist to Sue the Police?

There are a few potential civil causes of action where someone may be able to sue:

1. Malicious Prosecution

To succeed, you must prove:

The police (or CPS) prosecuted you.

The case ended in your favour (acquittal, dropped charges, NFA).

The police had no reasonable or probable cause to prosecute.

They acted with malice (improper motive, such as spite or to cover their own errors).

This is a high bar. Courts are reluctant to second-guess prosecutorial discretion unless there is clear evidence of bad faith.

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2. Misfeasance in Public Office

Here, you must show that:

A police officer knowingly abused their public power.

They acted unlawfully, with malice, or in bad faith.

You suffered loss as a result.

Again, proving deliberate abuse of power is very difficult. Mistakes or negligence are not enough.

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3. False Imprisonment / Unlawful Arrest

If you were arrested without proper legal grounds, you might have a claim. The test is whether the officer had reasonable suspicion that you had committed an offence. If they did, even if the allegations later turn out false, the arrest may still be lawful.

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4. Negligence

In limited circumstances, you might argue that the police owed you a duty of care and breached it. However, English courts generally restrict negligence claims against the police, especially in operational matters (Hill v Chief Constable of West Yorkshire [1989]).

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5. Human Rights Act Claims

If your rights under the European Convention on Human Rights (ECHR) were breached – such as your right to liberty (Article 5) or right to private and family life (Article 8) – you may be able to sue the police under the Human Rights Act 1998. But again, success is rare and requires clear breaches.

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The Difficulties in Practice

Even if a case appears strong, there are significant hurdles:

Immunity and Public Policy: The courts are very cautious about undermining police discretion. They don’t want officers to fear litigation every time they make a decision.

Evidential Burden: You need strong, objective evidence (documents, recordings, admissions) to prove malice or lack of reasonable grounds. Your word alone is rarely enough.

Costs: Civil actions against the police are expensive and risky. Legal aid is limited, and if you lose, you may have to pay the other side’s costs.

Time Limits: Strict limitation periods apply (e.g., one year for Human Rights Act claims, six years for most tort claims). Delay can bar your claim completely.

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What Does This Mean for the Falsely Accused?

The truth is this: very few people succeed in suing the police. The law is designed to give the police wide protection, even when mistakes are made. Most false allegations do not automatically create a civil claim.

That doesn’t mean there’s no accountability. Complaints can be made through the police’s Professional Standards Department or the Independent Office for Police Conduct (IOPC). In some cases, an experienced solicitor may advise that civil action is possible – but only in exceptional circumstances.

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Final Thoughts

At the Falsely Accused Network, we always tell callers the hard truth: wanting to sue the police and being able to sue the police are very different things.

Civil claims require exceptional evidence and often years of legal battles. For many falsely accused, the more practical route is to focus on clearing their name in court, rebuilding their lives, and pursuing formal complaints rather than lengthy lawsuits.

That’s not easy to hear when you’ve been wronged. But understanding the reality of the legal system helps people make informed decisions – and that’s what we’re here for.

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📞 Falsely Accused Network – Support • Awareness • Justice

Website: www.falselyaccusednetwork.co.uk

Email: support@falselyaccusednetwork.co.uk

Helpline: 0204 538 8788

Linktree: https://linktr.ee/FalselyAccusedNet

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⚠️ Disclaimer:

This article is for general information only and must not be taken as legal advice. The Falsely Accused Network does not provide legal assistance in suing the police. If you are considering taking action against the police, you must seek independent legal advice from a qualified solicitor or barrister experienced in this specialist area.