A domestic abuse survivor should be allowed to sue Sussex police and the Crown Prosecution Service (CPS) after her address was disclosed to her violent ex-partner, Labour MP Jess Phillips has said ahead of a Supreme Court hearing scheduled for Thursday.

The case involves a woman, anonymised as XGY in court, whose address was revealed during a magistrates’ court hearing by a CPS lawyer. The hearing concerned a proposed restraining condition aimed at preventing her former partner, accused of rape, death threats, and acid attack threats, from entering her residential street. Sussex police had failed to mark her address as confidential when sharing it with the CPS. As a result of the disclosure, XGY was forced to move home.

Last year, the Court of Appeal ruled that XGY could not bring a civil claim against Sussex police and the CPS, applying "core immunity" which traditionally protects witnesses and lawyers from being sued based on court evidence. The court extended this immunity to cover investigative activities by the police outside the courtroom. This ruling is now under review by the Supreme Court.

Phillips, a former minister responsible for safeguarding and violence against women and girls, criticized the Court of Appeal decision, calling it “chilling” and expressing concern that it would prevent victims from holding authorities accountable for failures in protecting them. She said such accountability is not only about financial remedies but also about driving systemic change for victims of violence, citing earlier cases where police and CPS errors had led to broader reforms.

Alongside fellow Conservative MPs David Davis and Andrew Mitchell, Phillips has proposed a legislative amendment to reverse the effect of the Court of Appeal ruling should the Supreme Court uphold it. She argued that the ruling set an unintended precedent that could insulate police and prosecutors from civil liability, further eroding trust in the criminal justice system by victims of domestic abuse.

“Women’s faith in the police is already fragile, as seen in multiple inquiries including those related to the Sarah Everard case and incidents at Charing Cross police station involving racist and misogynistic conduct,” Phillips said. She added that allowing a broad immunity from civil action does not serve the interests of justice or public confidence.

XGY stated that more than six years after the incident, she continues to feel the impact of the disclosure and the loss of security she had sought. She emphasized the importance of confidentiality and accountability, saying survivors must trust authorities to protect sensitive information.

The CPS and Sussex police have been contacted but declined to comment at this time. The Supreme Court is expected to hear arguments on the case imminently.