Immunity granted to police complainants

Anyone reporting an alleged crime to police cannot now be sued for defamation by the person they accuse from the moment they make the complaint, following a Court of Appeal ruling.

The decision in Westcott v Westcott arose after Worcestershire magistrate, Richard Westcott, tried to sue his former daughter-in-law, Dr Sarah Westcott, for slander and libel over allegations that he assaulted her and his baby grandson.

Last October, the High Court rejected his claim, saying her oral and written complaints to the police were protected by absolute privilege. Mr Westcott appealed, but the appeal court upheld the original judgment.

Matthew Brandis, a partner at B P Collins, which represented Dr Westcott, says it’s a significant decision because until now a person was only protected from a defamation claim once the police had begun to investigate an allegation and not at the time of the initial complaint.

He says: “This is a very important ruling and a victory for freedom of speech. It is everybody’s right to be able to make a complaint to the police without fear of being sued in relation to that complaint and now the Court of Appeal has made it crystal clear where the law stands.”