Desmond v The Chief Constable Of Nottinghamshhire Police: QBD 1 Oct 2009

The claimant appealed against the striking out of parts of his claim alleging negligence and misfeasance. He had been arrested on suspicion of indecent assault, but then was fully cleared by a third officer. When he later applied for an enhanced CRB check the arrest was disclosed, but not that he was cleared. The officer failed to obtain access to the note which had cleared him. He suffered substantial losses.
Held: Police officers were not liable in negligence in the execution of tasks which were central to their duties as policemen. It was at least arguable that though the provision of information for CRB checks was a statutory one under the 1997 Act, a police force might be responsible in negligence when providing information. Nevertheless in this case all but one allegation was unsustainable. In respect of the response to the subsequent request, the appeal succeeded, and the case could proceed.
Wyn Williams J
[2009] EWHC 2362 (QB)
Police Act 1997 115
England and Wales
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No General ty of Care Owed by Police
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Cited by:
Appeal FromDesmond v The Chief Constable of Nottinghamshire Police CA 12-Jan-2011
The claimant appealed from the rejection of his claim in negligence against the police. He had been arrested on suspicion of a sexual assault, but the investigating officer concluded that he was not responsible for the crime. Despite this, several . .

Lists of cited by and citing cases may be incomplete.
Updated: 23 October 2021; Ref: scu.375578