Backbench legislators from both the Conservative and Labour parties are launching a bid to nullify a 2025 Court of Appeal decision that shields police officers from civil lawsuits regarding their investigative conduct. The ruling, which applies to England and Wales, established that officers enjoy immunity not only as court witnesses but also for statements and actions taken during criminal investigations.
Conservative MP Andrew Mitchell and Labour MP Jess Phillips have tabled an amendment to legislation scheduled for parliamentary debate next week. They argue that the current legal interpretation creates a dangerous accountability gap that could have “devastating consequences” for victims of crime, particularly in cases involving evidence fabrication, perjury, negligence, or the reckless disclosure of confidential victim information.
The judicial expansion of immunity originated from a case involving a survivor of severe domestic violence. After fleeing to a secure refuge, her address was included in a file sent to the Crown Prosecution Service (CPS) without adequate confidentiality warnings. A CPS lawyer subsequently revealed the location during a bail hearing, exposing her to her abuser and forcing her to flee once again. The woman initiated legal claims against both the police and the CPS, citing fear for her life, loss of earnings, and psychiatric injury, but her claims were eventually struck out.
Mitchell highlighted the case of Ali Kololo, a Kenyan national who spent eleven years in prison following a wrongful conviction in Kenya for a 2011 attack on British tourists. Kololo is currently suing the Metropolitan Police, which intends to rely on the principle of core immunity. Mitchell warned that without closing this legal loophole, police forces could evade responsibility for grave mistakes, such as failing to properly investigate cases of rape, stalking, or domestic abuse.
Kate Ellis of the Centre for Women’s Justice expressed concern that forces might now claim they cannot be held legally accountable for significant investigative failures. In response, a government spokesperson noted that the home secretary and lord chancellor have commissioned a review into police accountability, stating that any legislative changes would be considered alongside the wider findings of that review.
While the parliamentary amendment addresses the issue through legislation, the 2025 judgment may also be challenged through a Supreme Court appeal later this month. Sussex Police and the National Police Chiefs Council declined to provide comment on the matter.
A review? We’ve been hearing about reviews for years. When will actual legislative change happen?
The Ali Kololo case is heartbreaking. Eleven years lost because of investigative failure. This change is long overdue.
But what about defensive policing? Could this make officers afraid to take necessary risks during investigations?
Interesting that both major parties support this. Cross-party unity on accountability is rare but welcome here.
Finally, someone is holding the police accountable. Victims deserve justice, not immunity for serious errors.