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Supreme Court Set to Review Police Immunity in Domestic-Abuse Case

By Drooid · · How we work

Supreme Court Review of Police Immunity in Domestic Abuse Case

The United Kingdom’s highest court will hear arguments later this week on whether a domestic-abuse survivor can sue Sussex Police and the Crown Prosecution Service (CPS) for disclosing her address to a violent ex-partner. The case stems from a magistrates’ hearing in which a CPS lawyer revealed the survivor’s location while seeking a restriction on the partner’s movements. The survivor, anonymised as XGY, subsequently moved home after the disclosure.

Legal Background and Recent Court of Appeal Ruling

Last year the Court of Appeal ruled that “core immunity”—traditionally limited to evidential matters—extends to a broad range of police activities, including investigative actions outside the courtroom.

Political Response and Proposed Legislative Amendment

Labour MP Jess Phillips, a former minister for safeguarding and violence against women and girls, said she hopes the Supreme Court will overturn the appellate ruling, arguing that civil actions are essential for driving systemic change in domestic-abuse and sexual-violence cases. Phillips, together with Conservative MPs David Davis and Andrew Mitchell, has tabled an amendment to a pending bill that would counteract the Court of Appeal’s effect if it remains unaltered.

Survivor Perspective and Calls for Accountability

XGY testified that, more than six years after the incident, she continues to live with the consequences of the address breach. She emphasized that survivors must be able to trust that personal information shared with authorities remains confidential, and that breaches should trigger accountability.

Potential Implications for Police and CPS Accountability

If the Supreme Court overturns the appellate decision, police and the CPS could once again face civil liability for failures in handling domestic-abuse cases. Phillips warned that granting a broad exemption from civil action could undermine public confidence in law-enforcement agencies, especially in the wake of multiple inquiries into police conduct involving violence against women. Conversely, maintaining the immunity could limit victims’ recourse, potentially stalling reforms aimed at improving police responses to domestic abuse.