Recent Judicial Decisions
| Published date | 01 June 2013 |
| Date | 01 June 2013 |
| DOI | 10.1350/pojo.2013.86.2.620 |
| Author | Damian Carney |
| Subject Matter | Recent Judicial Decisions |
DAMIAN CARNEY
Legal Correspondent
Email: Damian.Carney@port.ac.uk
RECENT JUDICIAL DECISIONS
Legal obligations to 999 callers in circumstances when their
life is at risk
Michael v Chief Constable of South Wales Police [2012]
EWCA Civ 981
Queen’s Bench Division (Administrative Court)
20 June 2012
Appeal against decision of Jarman J to strike out claims of
negligence and permit a claim for breach of Article 2 of
Keywords: 999 call; threats of violence; threats to kill;
failure of police to respond quickly enough; negligence;
Article 2 European Convention on Human Rights; applica-
tion to strike out claim – r.3.4(2)(a) of the Civil Procedure
Rules 1998
The facts
In the early hours of the morning on a date in August 2009, a
young mother, the victim, made a 999 call to police. She claimed
an ex-partner had come to her home, found her with another man
and bitten her ear. She claimed that the ex-partner had taken
away the other man and had threatened to return to her home
later and hit her. Later in that conversation she alleged her ex-
partner had made a specific threat to kill her. The police operator
alleged she did not hear this part of the conversation, but had
passed onto the police the information about the threat of future
violence. By 2.30 a.m. the call was relayed to police and should
have been graded as requiring immediate response (even without
the threat to kill). At 2.43 the victim phoned the police again.
The operator heard screaming. Police arrived at the victim’s
address at 2.51, by which time her ex-partner had murdered her.
An IPCC investigation into the events found individual and
systematic failings in how the emergency call was dealt with.
182 The Police Journal, Volume 86 (2013)
DOI: 10.1350/pojo.2013.86.2.620
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