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MPs seek to overturn ruling stopping police lawsuits

Andrew Mitchell and Jess Phillips submit a parliamentary amendment following the 2025 Court of Appeal ruling granting police civil immunity.

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11 Oct 2026Source: BBC Politics3 min read (0 views)
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MPs seek to overturn ruling stopping police lawsuits

Stock photo for illustration only, not from the actual event

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  • The 2025 Court of Appeal ruling in England and Wales granted police officers immunity from civil litigation.
  • MPs Andrew Mitchell and Jess Phillips have introduced an amendment to challenge the ruling, debated on Tuesday.
  • The legal battle affects victims of domestic violence and Ali Kololo, wrongly jailed for 11 years in Kenya.

The 2025 Court of Appeal judgment for England and Wales established that police officers enjoy immunity from civil litigation, shielding them from lawsuits both as witnesses and for statements or conduct made during criminal investigations. This sweeping protection effectively blocks victims from seeking legal redress in numerous severe cases.

In response, Conservative MP Andrew Mitchell and Labour's Jess Phillips have submitted an amendment to a bill scheduled for parliamentary debate next week, aiming to counteract the court ruling. Separately, the judgment could still face an overturn at a Supreme Court appeal slated for this month.

The lawmakers' legislative push intends to strip away police immunity in instances involving grave failings, such as the fabrication of evidence, dishonesty, negligence, or the reckless disclosure of confidential victim information that places lives in jeopardy.

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The expansion of core immunity to cover a wide spectrum of police investigative duties highlights a tense national debate in the UK regarding state protection versus public accountability. The bipartisan push by MPs marks a critical legislative effort to redefine legal boundaries for law enforcement officers.

The ruling originated from a case where a domestic violence survivor fled to a secret refuge, but Sussex Police included her new address in a file sent to the Crown Prosecution Service (CPS) without sufficient confidentiality warnings. A CPS lawyer subsequently read out the address in open court during a bail hearing, forcing the survivor to relocate once again and suffer profound psychological distress.

British police officer uniform London street

Stock photo for illustration only, not from the actual event

The upcoming amendment by Mitchell and Phillips states that police officers will not be immune for actions taken while preparing for criminal proceedings, except when acting strictly as witnesses. Mitchell specifically highlighted the miscarriage of justice involving Ali Kololo, a Kenyan woodcutter who spent 11 years in prison after a wrongful conviction.

"His life was ruined by a wrongful conviction secured, in large part, by the Metropolitan Police."

Andrew Mitchell

Kololo, represented by human rights organization Reprieve, is currently suing the Metropolitan Police, though the force intends to rely on core immunity to defend its position. Meanwhile, a government spokesperson noted that a comprehensive review into police accountability has been commissioned by the home secretary and lord chancellor to address longstanding concerns from officers, leaders, and victims alike.

Source: BBC Politics

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