Woman Brings Legal Case Against Sussex Police And Crown Prosecution Service After Her Address Disclosed At Court With Abuser Present

A woman forced to flee after her new address was shared with her violent ex-partner is urging police and prosecutors to ensure the safety of domestic abuse survivors. 

The woman, originally from West Sussex, had spent four months in a women’s refuge and had only lived in her new home for a few weeks when the Crown Prosecution Service named it as part of a bail application involving her ex-partner. 

Sussex Police had prepared a file for the CPS but failed to effectively communicate that it was confidential. 

Two addresses for woman shared with ex-partner

The incident, described as a “muck up” by a detective, was the second time an address the woman was living at after leaving her partner had been shared with him, the High Court heard.

Sussex Police had previously arrested him on suspicion of physical, sexual and mental abuse, including threats to kill her and throw acid in her face. 

The woman, who was left traumatised and fearing for her safety, brought a claim against the force and CPS in the county court. 

Sussex Police and CPS tried to claim immunity from legal action

A county court judge approved an application by the force and CPS to have the case thrown out. They claimed “immunity” because the woman’s new address was disclosed in open court as part of legal proceedings.

However, a High Court judge has now quashed the original decision to ‘strike out’ the case. It means the woman, who is in her 20s but who cannot be named for legal reasons, will now be able to pursue her claim for damages. 

The woman, who now lives in another area, is calling for lessons to be learned to protect other survivors of domestic abuse. 

Woman's lawyer speaks out after High Court judgment

Juliet Spender is the human rights lawyer at Irwin Mitchell representing the woman.

Expert Opinion

“It’s difficult to underestimate how difficult the last few years have been for our client. The police and CPS had a duty to help protect her but sadly they compounded the situation.

“She believes, and the High Court judge agreed, that there was no public interest in disclosing her new address in court. In fact, the public interest was in protecting her as a victim of crime and a potential key prosecution witness in future legal proceedings.

“However, the CPS and Sussex Police argued that they were immune from any claim brought by victims of crime in respect of anything done or said in court.

“If they had succeeded in establishing the legal immunity, this would have set a dangerous precedent, leaving such victims without legal redress when the police or CPS disclose their confidential information without obtaining their consent to do so.

“Whilst nothing can undo what she’s been through, our client is pleased that the High Court has vindicated her argument that the public interest decisively favours protecting victims of domestic violence from repeated traumatisation.

“The outcome of the High Court’s judgment is that our client can now proceed with her claim, obtain evidence about what really happened and what went wrong, and seek remedies for that.” Juliet Spender

Background to the case

In November 2019 the woman told Sussex Police that she had moved to Surrey for her own safety after her relationship ended. The man was aware his ex-partner knew people in the area but did not know she had moved there.

When officers bailed him the following day, they included a condition for him not to enter the area, alerting him to her location, the High Court heard.

The woman fled to a women’s refuge before moving to another location in March 2020. She told Sussex Police of her new address and emphasised it should be kept confidential. In April 2020, the man was arrested again in connection with allegations connected to his ex-partner. 

When discussing with police what bail conditions she may want, the woman made clear that the man did not know her new address. 

When preparing a court file, the force provided the CPS with her new address but did not flag the woman’s request for confidentiality. No warning was communicated about the confidentiality and the need to protect her. The CPS had no instruction to include her address in bail conditions, but did so of its own volition.

After the address was read out in court police advised the woman not to return to it. In December 2020, the man, who had previous convictions, was convicted of six counts of assault on his former partner. 

On behalf of the woman, Irwin Mitchell argued that Sussex Police’s and the CPS’ actions breached her human rights and there was no public interest in disclosing her new address in court.  

Woman reveals impact of domestic abuse as she urges police and prosecutors to protect survivors

The woman said: “As a domestic abuse survivor, I had to leave my life behind for my safety. Against the odds I started to rebuild my career and move on, but the fear and disruption caused by the disclosure of my address, not once, but twice, set me back again and I’ve have struggled to repair that damage.

“What’s made things even worse is how after such a mistake, the police and CPS wouldn’t accept fault and tried to fight this.

“Their stance has just added to the hurt and pain I’ve had to go through. The police and CPS argued that I shouldn’t even be able to bring my case in the courts, which would mean I’ve no right to a court fully considering my claim. I’ve had to fight to get to this position just to be able to bring a case. 

“I know I still face many challenges but I want to try and put this behind me and focus on the future. This decision is the next step in being able to do so. I just hope that by speaking out I can raise awareness of what happened to me so others don’t have to go through what I have because of such an avoidable mistake.”

Fiona Murphy KC and Frederick Powell, both of Doughty Street Chambers, were instructed by Irwin Mitchell to represent the woman.

Find out more about Irwin Mitchell's expertise in supporting people who have suffered breaches of their human rights at our dedicated protecting your rights section. Alternatively, to speak to an expert contact us or call 0370 1500 100.