Members of Parliament in the United Kingdom are seeking to amend legislation to prevent police officers from using legal immunity to block lawsuits involving investigative failings. The proposed amendment, submitted by Andrew Mitchell (Conservative) and Jess Phillips (Labour), follows a 2025 Court of Appeal ruling that expanded "core immunity" for officers in England and Wales. This ruling currently protects police from civil litigation regarding conduct or statements made during criminal investigations, as well as their roles as witnesses.
The 2025 judgment originated from a case involving a domestic violence survivor whose secret refuge address was disclosed to her abuser after Sussex Police included the information in a file sent to the Crown Prosecution Service. Although the woman argued the breach caused psychiatric injury and loss of earnings, the Court of Appeal held that immunity extends to a broad range of investigative activities, blocking most legal claims, including those involving data breaches or human rights matters.
The proposed amendment, scheduled for debate on Tuesday, October 13, 2026, specifies that immunity would not apply to police actions in preparation for criminal proceedings, particularly in cases of fabricated evidence, dishonesty, or negligence. Separately, the U.K. Supreme Court is scheduled to hear an appeal this month that could also overturn the 2025 ruling. Meanwhile, in the United States, the U.S. Supreme Court issued an unsigned opinion on March 23, 2026, reversing a lower court's decision that had denied qualified immunity for a Vermont detective accused of using excessive force during a 2015 protest.
The scale of the impact is highlighted by cases like that of Ali Kololo, a Kenyan man who spent 11 years in prison after a wrongful conviction. Kololo is currently suing the Metropolitan Police, who have stated they will rely on the core immunity principle in their defense. For a claimant, the current immunity rule means that even if a data breach or negligent investigation leads to physical harm or loss of employment, they cannot recover the costs of those damages from the police department responsible. In the U.S. context, the March 2026 Supreme Court decision reinforced that officers are shielded from personal liability unless their specific conduct was clearly established as a violation by prior case law.
Knock-on effects include the potential for increased pressure on internal police misconduct processes and the criminal courts, which remain avenues for holding officers accountable under current immunity standards. If the Parliament amendment passes or the Supreme Court overturns the ruling, it would allow for broader oversight of police conduct through the civil justice system. A government review into police accountability, commissioned by the Home Secretary and Lord Chancellor, is currently underway. The U.K. Parliament begins debating the amendment on Tuesday, October 13, 2026.