Making a Death in Custody Compensation Claim
Whenever there is a death in custody, the family which is left behind usually want to obtain as much information as possible about the circumstances surrounding it so that they can try to find some closure.
Sometimes, this can prove to be extremely difficult – especially if the death of a loved one could have been caused by negligence, violence, racism, inhumane treatment, systematic failures or the abuse of their human rights.
Despite the number of deaths in police custody, at prisons or other detention centres in England and Wales in the past 16 years, there is still no process for monitoring, auditing or publishing the subsequent investigations and inquest findings which follow. There is also no statutory legal requirement to act on the findings of these investigations.
How Do I Make a Death in Custody Claim?
At Hudgells, our team boasts extensive knowledge and experience of handling cases relating to deaths in custody. Having worked on a high number of cases involving actions against the police and other public authorities, our death in custody solicitors are some of the most experienced in the country – and boast a strong track record of achieving the best possible outcomes for our clients.
Our team work with people throughout England and Wales and will be happy to arrange a free initial consultation at a time which is convenient to you. By working with our civil liberties team, the families we represent can feel reassured that we’ll make sure the death is properly investigated.
Specialists in Death in Custody Claims
Here at Hudgell Solicitors, our death in custody experts always aim to discover the full circumstances leading up to the death to ensure that the person or people responsible can be held to account. We are known for being a Legal 500 ranked law firm, so when a death in custody occurs, the families which are left behind can rely on our experts to hold those who are responsible to account.
- In cases where an Inquest is needed, our Inquest solicitors can challenge a Coroner’s decisions in the Administrative Court. This may be necessary if you feel the death was not investigated properly.
- It is our mission to ensure that your questions are answered and lessons learnt by the relevant authorities.
- Whilst we know that the loss of a loved one is extremely hard to take, we fight on behalf of the families who are left behind in a bid to secure admissions of errors and the maximum possible compensation settlement.
- We offer free legal advice and promise to make the claims process as simple and stress-free as possible.
Civil Liberties department head, Vicky Richardson, worked with our client to achieve a damages for his father who was found dead in his cell after prison staff missed 18 scheduled observations despite knowing he was a ‘self-harm risk’.
Our Death in Custody Experts
- The following circumstances are all examples of situations where the ‘death in custody’ definition applies:
- When detained for the purposes of a search
- Under arrest at a police station
- Held as a prisoner in a police station or prison
- Under arrest by a police officer, regardless of where you are
- In any other lawful detention centre, such as an immigration or detention centre
- As a result of being shot by a police officer, regardless of where it happened
- Whilst a child or young person is being held in custody for their own protection
- The death happened after any ‘contact with the police’ where the death may be linked to the contact which took place
- A suicide or a death following a fight between prisoners can be a ‘death in custody’ if there is an indication that a prison officer or other person with state authority has been negligent and failed to prevent the death
- In all of these incidents, except fatal police shootings, the identity or employment of the person who caused the death does not matter. So, if a person dies because a police doctor is negligent when issuing medical treatment whilst in custody, that is still classed as a ‘death in custody’.
- Because this is a complex subject area, there are also a couple of exceptions to the rule. In these cases, a ‘death in custody’ still applies if:
- If a death happens in a road traffic incident whilst under arrest it is not a death in custody – even if they were heading to a police station in a police car.
- A death in custody cannot be declared when the victim is compulsorily detained under the Mental Health Act 1983 – unless they are still in police custody and waiting to be transferred to a medical facility.
Under article 2 of the Human Rights Act, everyone should be afforded the ‘right to life’ at all times – along with the right to be treated fairly, equally and with dignity.
This means every UK police force and detention authority is required to take reasonable steps to protect an individual if they know, or ought to know, that there is a real and immediate risk to their life.
Unfortunately, these safeguards are not always followed and police forces can often face criticism and investigation by the Independent Police Complaints Commission for failing in their duty.
Timescales to make claims vary dependent upon the type of claim. As a general rule, a damages claim arising from a death in custody will be pursued under the Human Rights Act which provides a 12 months limitation period. However, there are circumstances in civil liberties cases where time limits can be extended, so we’d advise calling a member of our team as soon as possible.
Here at Hudgell Solicitors, we are known for being a Legal 500 ranked law firm, so when a death in custody occurs, the families which are left behind can rely on our experts to hold those who are responsible to account.
Having worked on countless cases involving actions against the police and other public authorities, our death in custody solicitors are some of the most experienced in the country – and boast a strong track record of achieving the best possible outcomes for our clients.
If you’d like to discuss how we would pursue a case on your behalf, please get in touch and talk to us in complete confidence. Call 0808 2316071 or enter your details on our contact form now.
How much will my claim cost?
There’s no financial risk to you in pursuing a claim whatever the outcome of your case, you won’t have to pay a penny (provided that you fully assist us with your claim), other than an agreed percentage of your damages. Legal aid assistance is available in some circumstancesFind out more