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UK Supreme Court Rules Police Can Be Sued for Negligence in Public Arrests

A 76-year-old's injury during a chaotic arrest changed UK law forever. How one woman's fight redefined police accountability—and why it still matters today.

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2 min read
The image shows a police car parked on the side of a street next to a building, with two people...
The image shows a police car parked on the side of a street next to a building, with two people wearing helmets standing nearby. There is a railing and a pole in the foreground, and a white cloth draped over the building in the background. The scene is likely the aftermath of a stabbing in London, as the police are investigating the incident.

UK Supreme Court Rules Police Can Be Sued for Negligence in Public Arrests

In a landmark ruling, the UK Supreme Court decided in 2018 that police officers can be held liable for negligence when their actions cause foreseeable harm to the public. The case centred on Mrs. Elizabeth Robinson, a 76-year-old woman injured during a police arrest on a busy Huddersfield street in 2008. The judgement clarified that officers owe a duty of care under ordinary negligence principles in such situations. The incident took place in July 2008 on Kirkgate, a shopping street in Huddersfield. Plain-clothed officers attempted to arrest a suspected drug dealer, leading to a struggle that resulted in Mrs. Robinson being knocked over and injured. She later brought a negligence claim against the Chief Constable of West Yorkshire Police, arguing that the officers had failed in their duty of care.

The case, *Robinson v Chief Constable of West Yorkshire Police*, reached the Supreme Court in 2018. The key questions before the Court were whether the police owed a duty of care, the extent of their liability, and whether their actions were positive or merely omissions. On 8 February 2018, Lord Reed delivered the judgement, with Lady Hale and Lord Hodge in agreement. The Supreme Court allowed Mrs. Robinson's appeal, ruling that the officers had breached their duty of care. It rejected the idea that police enjoy blanket immunity from negligence claims while performing core duties like crime prevention. The Court also restored the earlier finding that the officers' actions had directly caused Mrs. Robinson's injuries. Following the ruling, the case was sent back for the assessment of damages. The decision established a clear legal principle: police owe a duty of care when their positive acts create a foreseeable risk of physical harm to the public. Since this ruling, UK courts have consistently applied this standard in cases like *Watson v BBBC* and *Police Federation v UK*, reinforcing accountability for negligence during public arrests.

The Supreme Court's judgement set a precedent for future cases involving police negligence. It confirmed that officers can be held responsible when their actions lead to foreseeable harm, even in operational situations. The ruling has since shaped how courts assess liability in similar incidents across the UK.

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