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Common Ground News

Can you sue police for not investigating?

Author

Matthew Cannon

Updated on March 05, 2026

Can you sue police for not investigating?

In the Commissioner of Police of the Metropolis v DSD & another, the Supreme Court judge ruled that victims of a serious crime can sue the police and other state bodies for failing to fulfill their duty to investigate a crime.

Keeping this in consideration, what to do if police does not investigate?

Any person who has been refused the right to an FIR by the police officer in charge can send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offense, shall either investigate the case

Similarly, can I sue the police for emotional distress? If you have suffered emotionally and psychologically as a result of being involved in an act of Police misconduct or negligence, then you can make police negligence claims.

Likewise, what can you do if police don't take action?

File a Writ Petition in the High Court - With the help of a lawyer, you may also file a writ petition in the High Court of your state if the police officer refuses to take action or file your complaint. This will oblige the police officer(s) to show cause or reasons for not filing your complaint.

Can you sue the police for incompetence?

The law allows you to sue the police if they are negligent in the way they carry out their normal work. So, for example, you can sue the police if a police car knocks you down.

What will the police do about harassment?

What Can The Police Do About Harassment? If you feel as if you're being harassed or stalked, you can report it to the police or apply for an injunction through civil court. It is a criminal offence for someone to harass you or to put you in fear of violence.

How do I make a complaint about a police investigation?

How to make a complaint. To make a complaint (or to request a review of how your complaint was handled) please complete a document complaint form (124 KB) and email it to . You may ask to speak directly with a member of staff who will be able to talk you through the process.

How do I file a complaint against a local police department?

Complaints About Police Officers
  1. Contact the law enforcement agency involved.
  2. Submit your complaint in writing to the chief of police or the head of the law enforcement agency involved.
  3. Send a copy of your complaint to the Internal Affairs Division of the law enforcement agency. Be sure to keep a copy for yourself.

What can you do if police won't help UK?

In England and Wales, you can complain through the Independent Office for Police Conduct (IOPC for short), which will make sure your complaint gets to the right people. To do this you can: use the tool on the IOPC website to select the relevant local police force. This will take you directly to their complaints form.

Can NC convert into fir?

Police does not have the power to register FIR or conduct investigation in a non-cognizable (NC) offence. If you lodge a complaint about the commission of an NC offence with police, they will record this information in the NC Register and in the General Diary of the police station.

Is no further action a criminal record?

Recordable offences

I was arrested by the police but no further action was taken. Will this show on a criminal record check? It wouldn't appear on basic or standard DBS certificates but it may be disclosed on an enhanced DBS certificate if the police believe it to be relevant.

What does it mean when the police say no further action?

No Further Action (NFA) is where there is not enough evidence to send the case to the CPS for them to prosecute and therefore the decision has been made to not take the investigation further, i.e. lack of evidence to proceed with a charging decision.

Does no further action show on DBS?

+This includes information about allegations, arrests, matters that resulted in no further action or not guilty verdicts. This information is not automatically included on enhanced DBS certificates.

What are some types of police misconduct?

Examples of police misconduct include police brutality, dishonesty, fraud, coercion, torture to force confessions, abuse of authority, and sexual assault, including the demand for sexual favors in exchange for leniency. Any of these actions can increase the likelihood of a wrongful conviction.

How can police violate civil rights?

When law enforcement officers abuse their power or exceed the limits of their authority to deprive a person of his or her civil rights, that is police misconduct. Unlawful detention, false arrest, excessive use of force, and racial profiling are all forms of police misconduct.

What happens when you complain about a police officer?

Police complaints are internal disciplinary matters in which no civil claim for compensation can be made. Instead, if successful, the police complaint can result in advice being given to the police officer(s) concerned, additional training, formal warnings, or even dismissal.

Can I sue for mistaken identity?

For instance, when a person is arrested because they were mistaken for someone else (mistaken identity), their civil rights may have been violated if certain circumstances exist. In other words, even if you were both falsely arrested and falsely imprisoned, you can sue as if only one unlawful event occurred.

Do police repair damage?

If the police search an address in error, they must pay to repair any damage which is caused – including damage to a door. When the police leave, the officer in charge must make sure your premises are secure by arranging for the occupier or landlord to be present.
Any victim of police abuse : Can register a First Information Report(FIR) against the errant officer at any police station; If his complaint is not accepted (which is most often ) he can send complaint to the District Superintendent of police who will then look into the matter and order the registration of the FIR .

Should the police owe a duty of care?

Lord Reed stated that the Police generally do not owe a duty of care to individual members of the public in the performance of their investigative function, to protect them from harm caused by criminals. In other words, there is no "duty to protect" members of the public.

How long do police have to investigate a crime?

Effectively, this means the police must charge (or lay an information before a Magistrates' Clerk) within six months of the date of the offence (section 127(1) Magistrates' Courts Act 1980). For all other offences, there is no statutory time limit.

Can you sue if found not guilty?

According to Uscourts.gov, it is entirely possible that you were legitimately arrested but were still found not guilty, in which case you cannot sue for damages.

What police Cannot do in UK?

The police can only stop and search you if:
  • they have a search warrant.
  • they have reasonable grounds to suspect that you have committed a crime or are about to commit a crime.
  • you are a danger to yourself or others.
  • you are suspected of having weapons on school grounds.
  • you are suspected of terrorist activity.

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Can you sue police for not investigating?