How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70298
Experience:  Over 5 years in practice.
12826847
Type Your UK Law Question Here...
Jo C. is online now
A new question is answered every 9 seconds

Can i make a claim from local authority and police on the

Customer Question

can i make a claim for damages from local authority and police on the basis, they arrested me without an arrest warrant and detained me in the police station without any charge, on the allegation of housing benefit fraud claimed by my ex-wife. Later the news of my arrest, detention and alleged fraud was disclosed to media and published in the national newspaper, internet, local radio and television, which seriously damaged my private life, reputation and professional career as i was at the time a practicing solicitor. please reply to ***@******.***
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

On what basis would you claim? I presume they acted under Pace?

Customer: replied 1 year ago.
i am not the claimant and either not the receipent of the benefit payments..i was included in the proceedings just alledgely being a viable person to pay..i wish to claim for their neglegence of not performing their duty with due care as the arrest and detention was not necessary..the interview could be done in the council office..informing the media and publishing the news was also wrong and unlawful as i was never charged for the alleged crime...plz reply.
Expert:  Jo C. replied 1 year ago.

Thanks.

I'm really sorry but I'm afraid there is no claim on this basis. Come what may, there was an allegation that concerned you.

It could have been done in local council offices but they don't have to just because that is an option. The choice to perform an interview at the police station rather than the local council offices doesn't amount to negligence. It might amount to a complaint to the IPCC but they may well have an explanation. DNA and prints etc can only be taken at the police station.

Informing the media is something they are free to do. Some forces have a policy of not doing so until charge but that is only policy. Breach is not unlawful.

If they reported inaccurately then that might give you a claim against the relevant media source in defamation.

In terms of arrest warrants, they have power under PACE. They don't need a court warrant.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
thank you for your advice but the matter is that just on the basis of allegations ruining someone's reputation and career is not justified. Can i make a claim on the basis of Human Rights Act 1998 under article 5 and 8 of breching my rights of liberty and private life.
Expert:  Jo C. replied 1 year ago.

Not against the police easily.

It isn't justifiable to destroy a person's reputuation on the basis of unsubstantiated allegations. That is the whole complaint about allegations of sexual abuse.

In fairness though, the wrongdoer is the accuser not the police. They have to investigate.

Their justification for releasing identities is that they need to do so to encouarge other witnesses to come forward. I have to say that it rather appears to me that they could do that by using a description of the offence rather than naming literally every suspect.

There were sued in relation to ASBOs on the basis that it breached the right to private life but the facts were rather different. They had a policy at that time of naming and shaming and printing images literally all over the local area of anti social youths.

I suppose you could argue the point but you would effectively be asking a court to find that it is over bearing of the police ever to release the name of a person arrested to the media before charge and that is a big request. In your favour this isn't the type of case where there are likely to be other offences really.

Customer: replied 1 year ago.
I have already initiated protective proceeding in the high court at London as the time of six years was expiring..police first said their record is missing, in responce to my pre action protocol letter of claim, but later after liasing with the council they denied liability giving reason that i was unsuccessful in my appeals to upper tribunal and higher courts against the recovery decision and their action was lawful.the Council has not replied to my letter of claim at all..should i continue with the claim and submit my particular of claim or withdraw my claim in view of saving the costs..what are the chances of success if i continue.. plz advice.
Expert:  Jo C. replied 1 year ago.

It is never a strong chance. This is always going to be a protest action. It is an action that you take if you are prepared to write off the costs. You may succeed and that is great if you do but the chances are never strong.

Customer: replied 1 year ago.
I have made a claim against 2 defendents Police and Local Authority..Last date to serve particulars of claim is 7 December 2015. I am adamant to pursue the claim. Please let me know if you can help me to draft the Particulars of Claim, or if you can recomend someone to do this and what will be the likely costs for the draft...It would be a great help to me..please reply.
Expert:  Jo C. replied 1 year ago.

Tuckers have a solicitor that sues the police.

I think that McCormacks do as well.

Most criminal firms are in turmoil over the new changes at the moment though.