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EUROPE: European Court: Police lose blanket immunity

01 November 1998

The European Court of Human Rights has ruled that the absolute immunity to being sued for negligence enjoyed by the police is in breach of article 6(1) of the European Convention on Human Rights (entitlement to an independent tribunal in determination of civil rights). The negligence case, struck out by the UK Court of Appeal on the grounds of police immunity, concerned the failure of the police to provide adequate protection to the Osman family from school teacher, Paul Paget-Lewis. Both the family and the school had reported to the police a series of incidents relating to Paget-Lewis' increasingly psychotic obsession with 15-year-old pupil Ahmet Osman. This had included following Ahmet, harassing and threatening him and his family, vandalism, writing offensive graffiti about Ahmed and ramming a van in which his friend was a passenger.

In March 1988, Paget Lewis broke into the Osmans' home with a shotgun, wounding Ahmet and killing his father Ali. He then went to the home of the deputy-head of the school, wounding him and killing his teenage son. Earlier, the police had taken the decision to arrest Paget-Lewis for the driving offence, but unable to find him at work, they did not follow the arrest up. On his arrest, Paget-Lewis asked the police "Why didn't you stop me before I did it? I gave you all the warning signs".

While the ruling is encouraging, particularly in the light of two recent decisions relating to police trespass and unlawful detention in a public order case, the Osman's solicitor Louise Christian believes it will still be "extremely difficult" to bring a negligence claim against the police to court. The decision will not help the families of Stephen lawrence, Michael Menson or Ricky reel in challenging police failure to investigate a racist attack. However, it may provide redress for victims of serial harassment where police protection has been sought.

Legal Action, December 1988