Why choose, you can do both.
You can bring a civil claim against the police while a police complaint is still being investigated. The police complaints process and civil litigation are separate legal avenues, and one does not necessarily prevent the other. However, there are some key points to consider:
- A police complaint (via the Professional Standards Department or IOPC) deals with officer conduct and discipline.
- A civil claim seeks compensation for damages caused by police misconduct, such as unlawful arrest, wrongful imprisonment, or breach of privacy.
Impact on Each Other
- A civil claim does not need to wait for the outcome of a complaint, but evidence from a complaint investigation could support a claim.
- The police cannot delay a civil claim as time limits are imposed. Their failure to engage would be to their prejudice.
- The police can, and often do delay complaints.
- If the complaint upholds misconduct, this may strengthen your civil case.
- If the complaint is rejected, it does not prevent a successful civil claim, as the legal thresholds differ.
Legal Precedents
There have been cases where claimants have successfully sued the police while a police complaint was ongoing, particularly in claims for:
- Breach of Human Rights (Article 8 ECHR – Right to Privacy)
- Misfeasance in Public Office
- Negligence
- Unlawful arrest & detention
Practical Considerations
- Time Limits: Civil claims have strict deadlines (e.g., six years for negligence, one year for Human Rights Act claims).
- Evidence Gathering: A complaint might help secure key documents, but civil claims often require legal action or civil applications for disclosure requests.
HNK Solicitors in Liverpool are a firm that actually refuses to act for you if you are making a complaint against the police, raising concerns why they would do this?
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