Can you sue the police for failing to act?

Ravenlady_2

3.5 years ago a person who I am close to had a very nasty relationship break up, the police were called on many occasions due to domestic violence towards the end of the relationship but failed to act. At one point a police officer insinuated to her that she should stop calling the police as its common for this type of shenanigans to occur during a split.

The ex smashed up the house (then joint tennants)
made threats to kill
assaulted and injured his ex on many occasions
stole property
Cleared out all bank accounts either joint or in sole name of his ex
assaulted a pregnant friend of his ex by pushing her out of a moving car
stole his ex's car and sold it (stolen by force but log book mysteriously happened to be in his name when it was first in his ex partners name)
Is the prime suspect of smashing all the windows on her replacement car multiple times.
Entering ex's property at will or by force

Today my friend had another altercation with her ex over some property of her daughters that he had admitted taking but refused to give back, she phoned the non urgent police number to try and chase it up and after they had waded through 26 call out reports they concluded that it is a civil matter (this matter was reported earlier this year)

She is going to see a solicitor tomorrow as the police have washed their hands of it but is thinking about asking if anything can be done about the other events that the police have failed to act on, I know a lot of women do cry wolf which is the way the police saw it but it has really affected her. She is not the same person she used to be and is constantly on edge knowing that he has effectivly got away with everything.

They have a son together so she still has to see him and still ends up getting bullied and harassed on a weekly basis.

What I am really asking is does she have a cat in hells chance in getting any justice for what has happened to her or is she wasting her time.

Can the police really be held accountable for their failure??

belfastgirl23

I would say she should contact her local women's aid to ask for advice on this - at the least they'll be able to recommend a solicitor who can take things forward. I know in Northern Ireland they have a helpline and they might well have them in other parts of the country too. Many police services also have specialist officers re domestic violence and they may also be able to put her in touch with them. TBH I'd recommend her trying to find ways to work with the police rather than taking action against them since at the end of the day, they will be the people protecting her. Does she have a non-molestation order against him?

Ravenlady_2

belfastgirl23 wrote: »

I would say she should contact her local women's aid to ask for advice on this - at the least they'll be able to recommend a solicitor who can take things forward. I know in Northern Ireland they have a helpline and they might well have them in other parts of the country too. Many police services also have specialist officers re domestic violence and they may also be able to put her in touch with them. TBH I'd recommend her trying to find ways to work with the police rather than taking action against them since at the end of the day, they will be the people protecting her. Does she have a non-molestation order against him?

She had one in place to get him off the tenancy however even with the order in place they refused to act as he simply said he was not there and had witnesses to say so.

Tiddlywinks

Are you saying that the police apparently failed to act where assault and theft was alleged? If so, then escalate the issue with a senior officer.

Was the threat to kill reported to the Police? What did they do about it?

If after escalating the issue within the force / service area, you can ask for a review from the IPCC.

From the IPCC website:

"What can I do if I have reported a crime to the police but they refuse to record or investigate it?

If you believe the recording or investigation of a crime has been prevented due to the conduct of any police officer or members of police staff, then the IPCC can consider a complaint about those involved. However, this would not necessarily lead to the recording or investigation of the reported crime. In the majority of cases, the decision about whether a reported crime warrants an investigation is an operational decision made in accordance with guidelines set by the Home Office. If you believe that a police force is failing to adhere to these guidelines, you should raise it with the police force concerned."

DUTR

Ravenlady wrote: »

3.5 years ago a person who I am close to had a very nasty relationship break up, the police were called on many occasions due to domestic violence towards the end of the relationship but failed to act. At one point a police officer insinuated to her that she should stop calling the police as its common for this type of shenanigans to occur during a split.

The ex smashed up the house (then joint tennants)
made threats to kill
assaulted and injured his ex on many occasions
stole property
Cleared out all bank accounts either joint or in sole name of his ex
assaulted a pregnant friend of his ex by pushing her out of a moving car
stole his ex's car and sold it (stolen by force but log book mysteriously happened to be in his name when it was first in his ex partners name)
Is the prime suspect of smashing all the windows on her replacement car multiple times.
Entering ex's property at will or by force

Today my friend had another altercation with her ex over some property of her daughters that he had admitted taking but refused to give back, she phoned the non urgent police number to try and chase it up and after they had waded through 26 call out reports they concluded that it is a civil matter (this matter was reported earlier this year)

She is going to see a solicitor tomorrow as the police have washed their hands of it but is thinking about asking if anything can be done about the other events that the police have failed to act on, I know a lot of women do cry wolf which is the way the police saw it but it has really affected her. She is not the same person she used to be and is constantly on edge knowing that he has effectivly got away with everything.

They have a son together so she still has to see him and still ends up getting bullied and harassed on a weekly basis.

What I am really asking is does she have a cat in hells chance in getting any justice for what has happened to her or is she wasting her time.

Can the police really be held accountable for their failure??

Not at the minute, she has to wait until she is killed 1st, why don't she move out? As mentioned there is a the refuge, or she could even stop at your place beings as you are a good friend.
I'm surprised the Police have not taken the cases more seriously, but then it is CPS that decide if it is in the public interest to trial the accused. Guys don't become furious for no reason, especially if they have a son (or did he rape her?) anyways let us know the other half of the story, as it is obvious there is more to it than you have let on

Ravenlady_2

Everything I listed above and more was reported to the police.
He (at the time) was a special constable.

Ravenlady_2

DUTR wrote: »

Not at the minute, she has to wait until she is killed 1st, why don't she move out? As mentioned there is a the refuge, or she could even stop at your place beings as you are a good friend.
I'm surprised the Police have not taken the cases more seriously, but then it is CPS that decide if it is in the public interest to trial the accused. Guys don't become furious for no reason, especially if they have a son (or did he rape her?) anyways let us know the other half of the story, as it is obvious there is more to it than you have let on

She has moved 3 times.
Of course guys don't become furious for no reason, its usually due to a partner trying to move on in their lives and them losing control over them.

DUTR

Ravenlady wrote: »

Everything I listed above and more was reported to the police.
He (at the time) was a special constable.

It's got nothing to do with it, assault is assault, a JP got locked up today for manslaughter, as mentioned she fell for him for some reason and now the guy is a maniac, for no reason? And untouchable? Does not make sense to me, and I cannot buy into the theory that because he works for the law he is above the law.

Ravenlady_2

DUTR wrote: »

It's got nothing to do with it, assault is assault, a JP got locked up today for manslaughter, as mentioned she fell for him for some reason and now the guy is a maniac, for no reason? And untouchable? Does not make sense to me, and I cannot buy into the theory that because he works for the law he is above the law.

But if you work for the law you know your way around the law?
I dont think this guy is untouchable, I just think she had an unfortunate pair of bumbling dimwits that believed hook line and sinker that she threw herself through a glass window to try and frame him and taint his good nature.

It wouldn;t be the first time a police force have failed victims of domestic violence etc etc and made a huge catalogue of errors regarding evidence and failing to do their job properly.

Tiddlywinks

Ravenlady wrote: »

Everything I listed above and more was reported to the police.
He (at the time) was a special constable.

How were the reports made? If over the phone then calls are recorded and retained and call reference numbers automatically allocated.

A decision would then be made (and recorded) to refer out to the relevant team or take no further action - these decisions / systems cannot easily be influenced by someone else. It would take collusion on a grand scale of call centre staff, IT bods and the duty Inspector so I really don't think that his position as a Special would have any bearing on this percieved lack of action.

If reports were made in person then, again, CCTV recordings should be held, "paperwork" would be completed (and then entered onto the system and a crime reference allocated - does she have one of these?

I find it strange that a number of separate reports are said to have been made yet no action taken - why did the friend not insist on action? Write a letter of complaint? Ask to speak to a senior officer etc?

DUTR

Ravenlady wrote: »

But if you work for the law you know your way around the law?
I dont think this guy is untouchable, I just think she had an unfortunate pair of bumbling dimwits that believed hook line and sinker that she threw herself through a glass window to try and frame him and taint his good nature.

It wouldn;t be the first time a police force have failed victims of domestic violence etc etc and made a huge catalogue of errors regarding evidence and failing to do their job properly.

It still has nothing to do with it, just because someone works in a hospital, does not mean they are able to perform brain surgery, people have been arrested for much less, none of us here need to be a barrister to know that there is a large part of the story missing, he just threw her through a window for no reason?
Why don't she go to the media?
I had a GF once that the most amazing things would happen to her, but all the time it was when there was nobody else in the party to verify her stories.