Police: Commissioner Of Police Of The Metropolis v DSD And Another (Supreme Court)

Case alert - Commissioner of Police of the Metropolis (Appellant) v DSD and another (Respondents) [2018] UKSC 11

The Supreme Court has held Article 3 of the European Convention on Human Rights (ECHR) imposes an operational duty on the police force to conduct a proper investigation into allegations of ill-treatment. As a consequence of this ruling, it is expected that there will be an increase in claims against police forces alleging 'serious failings in investigations', which could be impacted by ongoing cuts to policing budgets and resources.

The Facts

The Claimants, DSD and NBV, were victims of serial rapist, John Worboys. DSD was attacked in 2003 and NBV was attacked in 2007. Both Claimants reported their assaults to the police. Worboys was arrested and charged with the assaults in 2008. The Claimants each received compensation from Worboys and an award from the Criminal Injuries Compensation Authority (CICA).

Both claimants issued proceedings for the alleged failure of the police to conduct effective investigations into Worboys.

The claims were brought under section 7 and 8 of the Human Rights Act 1998. These provisions allow a person to bring a claim against a public authority for acting in a way which breached their rights under the European Convention on Human Rights (ECHR).

At first instance the Judge found that there had been failures by the Metropolitan Police in their investigation into the sexual assaults committed against the Claimants. These failures constituted a breach of the Claimants' Article 3 rights (prohibition on torture, and inhuman or degrading treatment or punishment).

The Police appealed on the basis that the duty to investigate under Article 3 arose only in respect of cases where the state was complicit in the breach of Article 3.

The Court of Appeal

The Court of Appeal found there was a positive duty under Article 3 to investigate crimes committed by non-state persons in order to ensure that individuals are protected against ill-treatment of the seriousness envisaged by Article 3.

It found that there is a sliding scale, ranging from deliberate torture by state officials at the top, to negligence of non-state officials at the bottom. There is a wider margin of appreciation at the bottom than the top; however, violent crime such as that experienced by DSD and NBV was higher up the scale and a proper criminal investigation was required.

The Court also stated that not every failure to investigate will lead to...