On 28th and 29th July 2014, the national domestic violence charity Refuge intervened – alongside Liberty – in a landmark case in the Supreme Court brought by the family of Joanna Michael, a young woman who was brutally murdered by her ex-partner, Cyron Williams, in August 2009.

Joanna called 999 twice on the night she was killed, but when officers arrived she had already been stabbed to death. Her two young children were in the house at the time of the murder. The second time Joanna called she was heard screaming before the line went dead.

In 2010, the Independent Police Complaints Commission (IPCC) found that South Wales Police and Gwent Police both failed her. IPCC Commissioner Tom Davies said: “The simple fact is that at 2.29am when Joanna called 999 an immediate police response could have got to her house in five minutes. Because of all the various failings the emergency response did not arrive until 2.50am, when she had already been stabbed, probably at about 2.45am.”

Joanna’s family are claiming damages against Gwent Police and South Wales Police for their failings in relation to the killing, which they say contributed to Joanna’s death. The Court of Appeal has struck out their claim for negligence – essentially because the law as it currently stands gives the police immunity from negligence claims.

Joanna’s family is cross-appealing the Court of Appeal’s decision to strike out the negligence claim. Refuge and Liberty are intervening to argue against the immunity which protects the police from negligence claims, which we believe leaves the police unaccountable when they fail women and children – something that happens all too often. Two women are killed every week by current or former partners in England and Wales. In too many of these cases, women and their children are let down by the police and other state agencies prior to their deaths. Refuge believes that this is unacceptable, and it is calling for the Government to open a public inquiry into this issue.

The Supreme Court, where the hearing will be held (photograph courtesy of UK Supreme Court)The police are also appealing against the decision of the Court of Appeal to allow a claim under the Human Rights Act to proceed to trial. Refuge is supporting the family in arguing against the police’s appeal. We believe that this claim should proceed to trial and we are arguing that when the courts consider whether the police have violated Article 2 of the Human Rights Act (the right to life) in a domestic homicide case, they must take into account the gendered nature of violence against women, and the way that risk develops in domestic violence.

Article 2 of the Human Rights Act can impose positive obligations on the police and other state bodies to protect life. Liberty and Refuge will argue that the actions of the state agencies involved with Joanna’s family must be seen in the round, and that their obligation to protect Joanna arose because of all that they knew about her domestic situation. The police ought not to be able to hide extremely serious failings because of this immunity, as risks happening here.

Sarah Ricca, solicitor for Refuge and Liberty, says:

“For too long the police have failed victims of domestic violence – and for too long they’ve been protected by the law. The Human Rights Act has made inroads into that protection but this important piece of legislation is vulnerable to repeal by Parliament. This appeal is about strengthening police accountability in the UK, through the rights protected by the European Convention and through the English common law right not to be caused harm by negligence.”

Part of a longer press release at http://refuge.org.uk/2014/07/25/refuge-and-liberty-intervene-in-landmark-domestic-homicide-case-in-supreme-court-in-attempt-to-remove-immunity-which-protects-police-from-negligence-claims/

See also: https://storify.com/RefugeCharity/refuge-intervene-in-landmark-case-to-remove-immuni

July 30, 2014