Parliament aims to end police immunity for investigative failures

Lawmakers are advancing a parliamentary amendment to strip police officers of civil immunity for investigative failings following a controversial 2025 Court of Appeal ruling. Conservative Andrew Mitchell and Labour MP Jess Phillips introduced the measure next Tuesday, warning that the current legal shield leaves crime victims without recourse when investigations go wrong.

The court decision currently protects officers from civil lawsuits across England and Wales. The immunity covers both their actions as witnesses and their conduct during criminal investigations. Judges expanded existing witness protections to cover a wide range of investigative work, effectively blocking most civil claims. The ruling also removes exceptions for serious misconduct, data breaches, and human rights violations. Officers can still face criminal charges and internal disciplinary proceedings.

Legal experts trace the ruling to a domestic violence case that exposed serious procedural errors. Sussex Police shared a victim's secret refuge address with the Crown Prosecution Service without marking it confidential. A prosecutor later revealed the location during a court hearing, forcing the victim to flee her abuser once again. She suffered lost income, psychiatric injury, and lasting security fears. Her civil claims were rejected, reinstated on appeal, and struck out a second time under the new immunity rules.

Mitchell and Phillips drafted their amendment to close what they call a dangerous legal loophole. The proposal removes civil immunity for pre-trial police actions, except when officers testify in court. It specifically targets grave failings like evidence fabrication, dishonesty, negligence, and the reckless sharing of confidential victim information. The amendment faces debate on Tuesday.

Mitchell told reporters the ruling threatens public safety. If "we fail to close this legal loophole there will be devastating consequences for victims," he said. The legal shield now impacts high-profile cases like the lawsuit filed by Ali Kololo. Kololo spent 11 years in a Kenyan prison after a 2011 wrongful conviction linked to Metropolitan Police omissions. The Met plans to cite core immunity to defend against his civil claim, a strategy likely strengthened by the Court of Appeal decision.

Reactions to the ruling highlight a growing debate over police accountability. Kate Ellis from the Centre for Women's Justice warned that forces could now avoid responsibility for serious investigative mistakes. She said the decision creates an "accountability gap" where officers face no consequences for failing to properly investigate rapists, stalkers, or domestic abusers. A government spokesperson noted that officials have commissioned a review into police accountability and stated that any legal changes should align with the final report. Sussex Police and the National Police Chiefs Council declined to comment. The ruling also faces a potential Supreme Court challenge this month.