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MPs Andrew Mitchell and Jess Phillips propose amendment to sue police.

Backbench MPs Andrew Mitchell and Jess Phillips are proposing an amendment to a bill that aims to overturn a 2025 ruling protecting police from civil lawsuits related to misconduct. If successful, thโ€ฆ

MPs seek to overturn ruling that stops police being sued for failings
BBC Politics โ€” 10 October 2026
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Backbench MPs Andrew Mitchell and Jess Phillips have filed an amendment to a pending bill that seeks to undo a 2025 Court of Appeal ruling that shields police officers from civil lawsuits. The amendment will be debated in Parliament next week, and the ruling could also be challenged in the Supreme Court this month. The MPs argue that the immunity prevents victims of police misconduct from seeking redress, even when officers have fabricated evidence, acted dishonestly or negligently, or recklessly released confidential information.

The Court of Appeal decision expanded the traditional โ€œcore immunityโ€ that protects witnesses and lawyers from being sued for statements made in court. The court held that this immunity now covers a broad range of police activity, including conduct and statements made during investigations that could lead to prosecution. The ruling followed a case involving a domesticโ€‘violence victim who fled her abuser to a secret refuge. Sussex Police failed to flag her new address as confidential, sending it to the Crown Prosecution Service. A CPS lawyer later disclosed the address in court, exposing the victim to her abuser. The woman suffered loss of earnings and a psychiatric injury, and her civil claims against the police and CPS were repeatedly struck out.

Mitchell and Phillipsโ€™ amendment would remove immunity for police actions taken in preparation for criminal proceedings, except when the officer is acting as a witness. The MPs say the current law blocks claims about serious humanโ€‘rights abuses, data breaches and other grave failings. They argue that victims should be able to hold officers accountable in civil court, even though officers can still face criminal charges and internal misconduct investigations. The amendment would allow victims to pursue claims for loss of earnings, psychiatric injury and other harms caused by police misconduct.

If the amendment passes, it will change the legal landscape for police accountability in England and Wales. It would give victims a new avenue for justice and could pressure police forces to tighten procedures around confidential information. The debate on Tuesday will decide whether the MPsโ€™ proposal can override the Court of Appeal ruling. The outcome will determine whether police officers remain immune from civil suits or whether victims can now seek compensation for the harm caused by police failings.

Read Full Story at BBC Politics โ†’
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