Police raid: how do I get compensation?

ml00jms

Sorry this isnt quite the right forum but i just wanted some advice... thanks!

A couple of months ago the police carried out a drugs raid on our house. They had a warrant but based on previous occupants: we moved in 3months previously. We changed all of the utilities, council tax, land registers etc as soon as we moved, we had also contacted the police about a month before the raid leaving our name and address complaining about a noise nuisance.

The police caused quite a bit of damage: smashed in the front door, took chunks of plaster out of the walls and when wrestling my terrified boyfriend to the floor broke his tooth and got his blood on a new footstool. All in all it has cost us 2k to put right.

At the time once officers realised their mistake they said we could claim for damages and would be compensated. We spoke to the senior officer in charge of the investigation and she reassured us that we'd get paid as we were innocent, it now transpires she was just trying to pacify us, I don't think she had any authority to say this.

When we filed our claim it was rejected because we also had filed a complaint against the Met for negligence and assault and apparently they wont even look at compensation if you have an ongoing misconduct complaint with them. In the rejection they also said that if our complaint did not prove that the police had acted negligently then we get no money. Basically reading between the lines they are saying that because they had warrant they don't need to pay out.

The lawyers we have contacted have basically said it isn't worth engaging a solicitor for such a small amount (although 2k is very significant to us!) and if we go to court we risk paying the polices legal fees. As they had a warrant it isn't guaranteed that we would win in court.

Any one out there had a similar experience? What was your outcome? Also any lawyers out there with advice?

antrobus

Constituents sometimes ask whether they can get compensation for damage (for example to a front door) following forced entry by the police. Police forces do sometimes make ex gratia payments or pay compensation following such damage, for example where the raid was at the wrong premises. However, statutory guidance states that compensation for such damage is “unlikely to be appropriate if the search was lawful, and the force used can be shown to be reasonable, proportionate and necessary to effect entry.” Where a police force refuses to make such a payment, then a constituent wishing to pursue the matter further would need to obtain specialist legal advice.

http://www.parliament.uk/business/publications/research/briefing-papers/SN06627/damage-to-property-by-police-forcing-entry

patanne

I would have thought that not to have noticed a change in occupancy three months previously could be considered negligent. Particularly in these circumstances. But that is from a totally layman's point of view

[Deleted User]

You'll have to await the result of the "negligence and assault" complaint you have filed against them, just as you have already been told.

Why you thought Money saving Expert forums were the most appropriate place for your query I know not.

It's telling that lawyers you have already approached have told you it's not worth pursuing.