Source · Select Committees · Human Rights (Joint Committee)

Recommendation 17

17 Paragraph: 96

It is understandable that it should principally be the Government that is responsible, in a...

Conclusion
It is understandable that it should principally be the Government that is responsible, in a civil claim, for the actions of its officers, rather than the officers being personally liable. This is borne out through the usual operation of vicarious liability. Similarly, it would be the Government that would be responsible in any human rights claim for a breach of human rights caused by the actions of its officers. However, this clause could risk neither being liable for harm caused, even killing a person (where that was done as a consequence of immigration enforcement action). It would be better if this clause made it clear that this wasn’t an attempt by the Home Office to absolve itself of civil liability, but rather specifically for the officers not to be liable personally.
Paragraph Reference: 96