MISFEASANCE IN PUBLIC OFFICE
Police officers are granted extraordinary powers to protect the community. When an officer knowingly abuses that authority—or acts with reckless indifference to the limits of their power—it is a betrayal of the public trust. This is known as Misfeasance in Public Office.
Proving misfeasance is a complex legal challenge, as it requires proving the officer’s state of mind. As a specialist in police misconduct with over 30 years of experience, I have the forensic expertise to uncover these abuses and secure justice for those harmed by official corruption or exploitation.
What is Misfeasance?
Misfeasance occurs when a public officer (such as a policeman) intentionally or recklessly causes harm by:
- Knowingly Overstepping Power: Performing an act they know they have no legal right to do.
- Targeted Malice: Acting with the specific intent to injure an individual or group.
- Reckless Indifference: Acting without regard for the legality of their actions or the welfare of the public.
High-Stakes Justice
Because misfeasance involves a fundamental abuse of the state’s power, the courts can award significant damages. While there are no fixed limits, my clients have successfully achieved settlements exceeding £25,000.
Proven Results: In a landmark case, I represented a client known as “Harriet,” who was a victim of sexual exploitation by a West Midlands police officer, Colin Noble. Following his dismissal, I brought a claim for misfeasance against the force and secured £25,000 in compensation plus costs for the trauma she endured.
Proving Misfeasance in Public Office
To win a claim for misfeasance, we must establish four key elements:
- Public Officer Status: The individual must be a public official acting in their official capacity.
- Act or Omission: The officer must have done something (or failed to do something) during the course of their duties.
- The Element of “Bad Faith”: We must prove the officer intended to cause injury or knew they were acting unlawfully (or were recklessly indifferent).
- Foreseeable Damage: You must have suffered a loss or injury as a direct and predictable result of their conduct.
Holding the System to Account
Taking legal action for misfeasance does more than secure compensation—it exposes systemic rot and forces the police to improve their standards. If you have been the victim of an officer who threw their weight around or exploited their position, I am here to help you fight back.
Frequently Asked Questions
Both fall under the umbrella of Misconduct in Public Office.
- Misfeasance:
Typically refers to a situation where an officer performs a duty in an unlawful or improper manner. - Malfeasance:
Refers to an act that is inherently illegal or wrongful.
In civil claims against the police, we generally pursue a "Tort" of Misfeasance to secure financial compensation for the victim.
Under the principle of Vicarious Liability, the Chief Constable of the relevant police force is usually held responsible for the actions of their officers. This ensures that even if an individual officer is dismissed, the force as an institution is held financially accountable to you.
Evidence of intent is key. This includes electronic communications (emails, texts, or social media messages), radio logs, witness statements, and any records that show the officer was acting outside of official policy or for personal gain.
You can still claim if we can prove Reckless Indifference. This means the officer didn't necessarily "target" you, but they acted with a total disregard for whether they had the power to do what they did or whether it would cause you harm.