Kerry was murdered at her home by her former partner. When she knew she was in danger, she dialled 999 and stayed silent on the call because she had been told to do this by a police officer in the past. However, officers did not respond to the call. The police later said that she should have pressed “5” twice so the police would know it was a genuine call – but Kerry had not been told this.
Kerry’s family began a case against the police for breaching their positive obligations to protect Kerry’s right to life. The police agreed to an out-of-court damage settlement, provided the family with a written apology and changed their communication plans.
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