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Excessive Force & Human Rights Law in the UK

Explore legal precedents, the Human Rights Act, and Seni's Law regarding excessive force, duty of care failures, and police accountability in the UK.

#uk-law#human-rights-act#police-accountability#senis-law#legal-precedent#duty-of-care
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EXCESSIVE FORCE
Law, Rights & Accountability
Legal Case Precedence, Human Rights Act Breaches, Duty of Care & UK Legislation


OMOTAYO AKINLAJA
Academic Law Presentation | 2026
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OVERVIEW
01.
Defining Excessive Force
02.
Human Rights Act Breaches (Articles 2 & 3)
03.
Duty of Care Failures
04.
Key Legal Cases & Precedents
05.
UK Legislation: Changes & New Laws
CONTENTS / AGENDA
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AIMS & OBJECTIVES
AIMS
To examine how excessive force by authorities constitutes a breach of fundamental human rights
To analyse key legal case precedents and their impact on policy and practice
To evaluate recent and proposed UK legislative changes governing the use of force
OBJECTIVES
01.
Define excessive force within a UK legal and human rights framework
02.
Identify breaches under the Human Rights Act 1998 (Articles 2, 3 & 8)
03.
Examine the duty of care obligations owed by public authorities
04.
Review landmark case studies including David Bennett, Gareth Myatt, and Seni Lewis
05.
Assess the effectiveness of Seni's Law, the PCSC Act 2022, and PACE reforms
PRESENTATION GOALS & STRUCTURE
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DEFINING EXCESSIVE FORCE
"Excessive force occurs when the level of force used exceeds what is necessary, proportionate, and reasonable given the circumstances."
•
Must be necessary, proportionate, and reasonable
•
Judged against the circumstances at the time
•
Can occur in policing, custody, mental health, secure training contexts.
Legal Standard: R v Clegg [1995] — force must be proportionate and necessary
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HUMAN RIGHTS ACT BREACHES
2
ARTICLE 2 | RIGHT TO LIFE
The state has a positive duty to protect life. Excessive force that causes death = potential Article 2 breach.
Key Case
Rabone v Pennine Care NHS [2012]
— extended operational duty to voluntary mental health patients.
3
ARTICLE 3 | PROHIBITION OF TORTURE
Inhuman or degrading treatment is absolutely prohibited. Disproportionate restraint, positional asphyxia, or dehumanising treatment can breach Article 3.
Key Case
Price v UK [2001]
— highlights absolute nature of bodily dignity protection.
8
ARTICLE 8 | RIGHT TO PRIVATE LIFE
Unlawful use of force can infringe bodily integrity and dignity. Relevant in cases of strip searches, chemical restraint, and seclusion.
Citation: Human Rights Act 1998, European Convention on Human Rights
SEC 03.1
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DUTY OF CARE FAILURES
THE LEGAL DUTY
Public authorities (police, NHS, secure training centres) owe a duty of care to individuals in their custody or care.
BREACH
A breach occurs when the standard of care falls below what is reasonable — including failing to de-escalate, using excessive physical restraint, or ignoring cries of distress.
CAUSATION & HARM
The breach must cause foreseeable harm — death, injury, or psychological damage.
KEY PRINCIPLE: Caparo Industries v Dickman [1990] — three-part test: foreseeability, proximity, fair just and reasonable.
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CASE 01

DAVID 'ROCKY' BENNETT

Death in Psychiatric Custody | 1998

■
Black British man, aged 38, detained under the Mental Health Act at Norvic Clinic, Norwich.
■
Died 31 October 1998 following prolonged prone restraint after an altercation with a white patient.
■
Held face-down for over 25 minutes — positional asphyxia.

LEGAL OUTCOMES

■
Inquest verdict: Accidental Death aggravated by Neglect (2001)
■
Independent Inquiry (2003): Institutional racism within NHS mental health services identified
■
Article 2 HRA engaged — state's failure to protect life
■
Calls for national restraint standards
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CASE 02
 MYATT
Death in Youth Custody | 2004
  • • Gareth Myatt, aged 15, died 19 April 2004 at Rainsbrook Secure Training Centre.
  • • Restrained using a 'seated double embrace' by three G4S staff — triggered after refusing to clean a toaster.
  • • Cried 'I can't breathe', choked on vomit, lost consciousness, and was pronounced dead in hospital.
  • • Restraint had been used 369 times in the prior 12 months at the centre.
LEGAL & POLICY OUTCOMES
  • • No prosecutions brought against staff or G4S.
  • • Inquest exposed severe shortcomings in restraint training and oversight.
  • • Article 3 HRA — inhuman and degrading treatment.
  • • Duty of care breach — failure to respond to clear signs of distress.
  • • Catalysed debate on restraint in youth custody settings.
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CASE 03
OLASENI (SENI) LEWIS
Mental Health Restraint & Legislative Change | 2010–2018
  • Seni Lewis, 23, was a voluntary patient at Bethlem Royal Hospital, South London.
  • Died in 2010 following restraint by up to 11 police officers called to the ward.
  • Family's 8-year campaign led directly to landmark legislation.
SENI'S LAW — MENTAL HEALTH UNITS (USE OF FORCE) ACT 2018
  • Royal Assent: 1 November 2018 | In force: 31 March 2022
  • Requires all NHS mental health units to appoint a responsible person
  • Mandates recording of ALL use-of-force incidents (type, duration, reason)
  • Staff must receive training on de-escalation and trauma-informed care
  • Aims to end disproportionate use of force on those with protected characteristics (race, sex, age, disability).
Named after Olaseni Lewis — a landmark in UK mental health law.
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UK LEGISLATION
Changes & Reforms
MENTAL HEALTH UNITS (USE OF FORCE) ACT 2018 | SENI'S LAW
Mandatory recording of restraint, staff training requirements, responsible person appointment. Applies to all NHS mental health units in England.
POLICE, CRIME, SENTENCING & COURTS ACT 2022
Strengthened accountability for police use of force. Increased scrutiny on restraint practices in custody and public order contexts. Broadened powers AND accountability mechanisms.
PACE REFORMS 2025 (Crime & Policing Bill)
Revised legal test for police use of force — officers judged on honest belief at the time, not in hindsight. Force must remain necessary, proportionate, and reasonable. Aims to balance officer confidence with accountability.
Overarching principle across all legislation: Force must always be a LAST RESORT.
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KEY TAKEAWAYS
1
Excessive force is a serious breach of fundamental human rights — engaging Articles 2, 3 & 8 of the HRA.
2
Cases like David Bennett, Gareth Myatt, and Seni Lewis demonstrate systemic failures in duty of care across NHS and custodial settings.
3
Seni's Law (2018) was a direct legislative response to these failures — requiring transparency and accountability.
4
The 2025 PACE reforms seek to balance officer confidence with proportionality — the legal test now focuses on honest belief at the time of the incident.
5
Legislation alone is insufficient — cultural change within institutions is essential to prevent future deaths.
Force must always be the last resort — not the first response.
Academic Law Presentation | 2026
Made byBobr AI
ASSESSMENT QUESTIONS
Q1
Which three Articles of the Human Rights Act 1998 are most commonly breached in cases of excessive force — and what rights does each one protect?
Q2
David Bennett died in 1998 following prolonged prone restraint. Name TWO legal/institutional failings identified after his death and explain which Article of the HRA was engaged.
Q3
State the THREE parts of the Caparo test (1990) used to establish a duty of care, and explain how each applies to a public authority using excessive restraint.
Q4
What is Seni's Law, when was it passed, and what specific obligation does it place on mental health units in relation to the use of force?
Q5
Identify ONE change introduced by the Police, Crime, Sentencing and Courts Act 2022 and explain how it affects accountability for excessive force by officers.
Use evidence from the case studies and legislation covered in this presentation to support your answers.
Assessment | Academic Law Presentation | 2026
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Excessive Force & Human Rights Law in the UK

Explore legal precedents, the Human Rights Act, and Seni's Law regarding excessive force, duty of care failures, and police accountability in the UK.

EXCESSIVE FORCE

Law, Rights & Accountability

Legal Case Precedence, Human Rights Act Breaches, Duty of Care & UK Legislation<br/><br/><br/>OMOTAYO AKINLAJA<br/>

Academic Law Presentation | 2026

OVERVIEW

Defining Excessive Force

Human Rights Act Breaches (Articles 2 & 3)

Duty of Care Failures

Key Legal Cases & Precedents

UK Legislation: Changes & New Laws

CONTENTS / AGENDA

AIMS & OBJECTIVES

AIMS

To examine how excessive force by authorities constitutes a breach of fundamental human rights

To analyse key legal case precedents and their impact on policy and practice

To evaluate recent and proposed UK legislative changes governing the use of force

OBJECTIVES

Define excessive force within a UK legal and human rights framework

Identify breaches under the Human Rights Act 1998 (Articles 2, 3 & 8)

Examine the duty of care obligations owed by public authorities

Review landmark case studies including David Bennett, Gareth Myatt, and Seni Lewis

Assess the effectiveness of Seni's Law, the PCSC Act 2022, and PACE reforms

PRESENTATION GOALS & STRUCTURE

DEFINING EXCESSIVE FORCE

Excessive force occurs when the level of force used exceeds what is necessary, proportionate, and reasonable given the circumstances.

Must be necessary, proportionate, and reasonable

Judged against the circumstances at the time

Can occur in policing, custody, mental health, secure training contexts.

Legal Standard: R v Clegg [1995] — force must be proportionate and necessary

HUMAN RIGHTS ACT BREACHES

<div style="font-size:26px; line-height:1.45; color:#cccccc;">The state has a positive duty to protect life. Excessive force that causes death = potential Article 2 breach.</div><div style="margin-top:35px; border-left: 3px solid #e31818; padding-left: 20px; background: rgba(255,255,255,0.01); padding-top: 10px; padding-bottom: 10px;"><div style="color:#e31818; font-weight:700; font-size:18px; letter-spacing:2px; text-transform:uppercase; margin-bottom:5px;">Key Case</div><div style="font-size:24px; line-height:1.4;"><span style="color:#ffffff; font-weight:700;">Rabone v Pennine Care NHS [2012]</span><br><span style="color:#999999;">— extended operational duty to voluntary mental health patients.</span></div></div>

<div style="font-size:26px; line-height:1.45; color:#cccccc;">Inhuman or degrading treatment is absolutely prohibited. Disproportionate restraint, positional asphyxia, or dehumanising treatment can breach Article 3.</div><div style="margin-top:35px; border-left: 3px solid #e31818; padding-left: 20px; background: rgba(255,255,255,0.01); padding-top: 10px; padding-bottom: 10px;"><div style="color:#e31818; font-weight:700; font-size:18px; letter-spacing:2px; text-transform:uppercase; margin-bottom:5px;">Key Case</div><div style="font-size:24px; line-height:1.4;"><span style="color:#ffffff; font-weight:700;">Price v UK [2001]</span><br><span style="color:#999999;">— highlights absolute nature of bodily dignity protection.</span></div></div>

<div style="font-size:26px; line-height:1.45; color:#cccccc;">Unlawful use of force can infringe bodily integrity and dignity. Relevant in cases of strip searches, chemical restraint, and seclusion.</div>

Citation: Human Rights Act 1998, European Convention on Human Rights

DUTY OF CARE FAILURES

THE LEGAL DUTY

Public authorities (police, NHS, secure training centres) owe a duty of care to individuals in their custody or care.

BREACH

A breach occurs when the standard of care falls below what is reasonable — including failing to de-escalate, using excessive physical restraint, or ignoring cries of distress.

CAUSATION & HARM

The breach must cause foreseeable harm — death, injury, or psychological damage.

three-part test: foreseeability, proximity, fair just and reasonable.

CASE 01

DAVID 'ROCKY' BENNETT

Death in Psychiatric Custody | 1998

Black British man, aged 38, detained under the Mental Health Act at Norvic Clinic, Norwich.

Died 31 October 1998 following prolonged prone restraint after an altercation with a white patient.

Held face-down for over 25 minutes — positional asphyxia.

LEGAL OUTCOMES

Inquest verdict: Accidental Death aggravated by Neglect (2001)

Independent Inquiry (2003): Institutional racism within NHS mental health services identified

Article 2 HRA engaged — state's failure to protect life

Calls for national restraint standards

CASE 02

 MYATT

Death in Youth Custody | 2004

Gareth Myatt, aged 15, died 19 April 2004 at Rainsbrook Secure Training Centre.

Restrained using a 'seated double embrace' by three G4S staff — triggered after refusing to clean a toaster.

Cried 'I can't breathe', choked on vomit, lost consciousness, and was pronounced dead in hospital.

Restraint had been used 369 times in the prior 12 months at the centre.

LEGAL & POLICY OUTCOMES

No prosecutions brought against staff or G4S.

Inquest exposed severe shortcomings in restraint training and oversight.

Article 3 HRA — inhuman and degrading treatment.

Duty of care breach — failure to respond to clear signs of distress.

Catalysed debate on restraint in youth custody settings.

CASE 03

OLASENI (SENI) LEWIS

Mental Health Restraint & Legislative Change | 2010–2018

Seni Lewis, 23, was a voluntary patient at Bethlem Royal Hospital, South London.

Died in 2010 following restraint by up to 11 police officers called to the ward.

Family's 8-year campaign led directly to landmark legislation.

SENI'S LAW — MENTAL HEALTH UNITS (USE OF FORCE) ACT 2018

Royal Assent: 1 November 2018 | In force: 31 March 2022

Requires all NHS mental health units to appoint a responsible person

Mandates recording of ALL use-of-force incidents (type, duration, reason)

Staff must receive training on de-escalation and trauma-informed care

Aims to end disproportionate use of force on those with protected characteristics (race, sex, age, disability).

Named after Olaseni Lewis — a landmark in UK mental health law.

UK LEGISLATION

Changes & Reforms

MENTAL HEALTH UNITS (USE OF FORCE) ACT 2018 | SENI'S LAW

Mandatory recording of restraint, staff training requirements, responsible person appointment. Applies to all NHS mental health units in England.

POLICE, CRIME, SENTENCING & COURTS ACT 2022

Strengthened accountability for police use of force. Increased scrutiny on restraint practices in custody and public order contexts. Broadened powers AND accountability mechanisms.

PACE REFORMS 2025 (Crime & Policing Bill)

Revised legal test for police use of force — officers judged on honest belief at the time, not in hindsight. Force must remain necessary, proportionate, and reasonable. Aims to balance officer confidence with accountability.

Overarching principle across all legislation: Force must always be a LAST RESORT.

KEY TAKEAWAYS

1

Excessive force is a serious breach of fundamental human rights — engaging Articles 2, 3 & 8 of the HRA.

2

Cases like David Bennett, Gareth Myatt, and Seni Lewis demonstrate systemic failures in duty of care across NHS and custodial settings.

3

Seni's Law (2018) was a direct legislative response to these failures — requiring transparency and accountability.

4

The 2025 PACE reforms seek to balance officer confidence with proportionality — the legal test now focuses on honest belief at the time of the incident.

5

Legislation alone is insufficient — cultural change within institutions is essential to prevent future deaths.

Force must always be the last resort — not the first response.

Academic Law Presentation | 2026

ASSESSMENT QUESTIONS

Q1

Which three Articles of the Human Rights Act 1998 are most commonly breached in cases of excessive force — and what rights does each one protect?

Q2

David Bennett died in 1998 following prolonged prone restraint. Name TWO legal/institutional failings identified after his death and explain which Article of the HRA was engaged.

Q3

State the THREE parts of the Caparo test (1990) used to establish a duty of care, and explain how each applies to a public authority using excessive restraint.

Q4

What is Seni's Law, when was it passed, and what specific obligation does it place on mental health units in relation to the use of force?

Q5

Identify ONE change introduced by the Police, Crime, Sentencing and Courts Act 2022 and explain how it affects accountability for excessive force by officers.

Use evidence from the case studies and legislation covered in this presentation to support your answers.

Assessment | Academic Law Presentation | 2026