Mohammad Al Fayed Abuse Allegations and the Metropolitan Police’s Failure to Investigate

The Metropolitan Police Service has voluntarily referred itself to the Independent Office for Police Conduct (IOPC) after receiving complaints from two women regarding prior police investigations into allegations of sexual assault against Mohamed Al Fayed.

Mohammad Al-Fayed, former businessman and owner of Harrods department store, has been accused by multiple women of sexual harassment and assault. In September 2024, BBC News reported that more than 20 women who used to work at Harrods had made allegations of sexual assault against Al-Fayed, with five of these women accusing him of rape. Al-Fayed died in August 2023 and these investigations are being conducted posthumously. The Metropolitan Police now anticipate the number of individuals who report having been subjected to sexual assault and abuse by Al Fayed is likely to exceed 100.

Between 2005 and 2023, the Metropolitan Police have confirmed that they received 21 separate allegations against Al Fayed. Despite the number of allegations made, none of these reports resulted in a formal charge against Al Fayed. Following recent media coverage and the Metropolitan Police’s public appeals for people to come forward and disclose abuse by Al Fayed, officers have now been contacted by 60 people reporting their experiences.

The Metropolitan Police had previously said that the first report they received about Al-Fayed’s conduct was in 2005. However, it has been revealed that allegations had in fact been reported to them as early as 1995. This raises significant concerns about how the Metropolitan Police handled these reports when they were received, whether / how they recorded those disclosures, and whether all allegations have been sufficiently investigated. Based on the fact that 21 separate allegations had been made between 2005 and 2023, and potentially more, it is reasonable to conclude that this was perhaps not the case.

There have been calls for a public inquiry into the abuse carried out by Al-Fayed and the role of those who facilitated the abuse at Harrods. The scope of such an inquiry is anticipated to include the Metropolitan Police’s failure to investigate earlier disclosures of abuse by Al Fayed, made over many years, and to take any substantive action to properly investigate Al Fayed and ensure that he was held to account.

Failure to investigate – Claims under Article 3

There are various legal options open to survivors of abuse and sexual assault. One is to pursue a civil claim directly against the abuser, or the organisation responsible for the abuser’s actions.

With regards to the Metropolitan Police’s apparent failure to properly investigate the abuse disclosed to them prior to Al Fayed’s death, one further option for those individuals who did report – but for whom no proper investigation took place – is to pursue a civil claim against the Metropolitan Police for a breach of their rights under Article 3 of the European Convention on Human Rights (ECHR), implemented into domestic law by the Human Rights Act 1998.

Article 3 of the ECHR stipulates that no one shall be subject to torture or to inhuman or degrading treatment or punishment. Article 3 not only prevents state bodies (such as the Metropolitan Police) from inflicting such treatment themselves (a ‘negative obligation’), it also places an obligation on state bodies (i.e. the Metropolitan Police) to take reasonable steps to prevent individuals having their Article 3 rights breached by others (a ‘positive obligation’).

It is established case law that serious abuse, sexual assault and rape can constitute a breach of an individual’s Article 3 rights. Where an individual makes a credible disclosure that they have suffered treatment infringing Article 3, whether at the hands of state agents or private individuals, then this triggers a procedural obligation on the state (in this case, the Metropolitan Police) to conduct a prompt, effective investigation and independent investigation into the allegations. The purpose of such an investigation is to ensure the effective implementation of domestic laws prohibiting torture and inhuman or degrading treatment, and to ensure accountability for ill treatment occurring under their jurisdiction.

In order to be Article 3 compliant, investigative measures must be adequate and the victim must be adequately involved. An investigation must be capable of leading to the establishment of the facts and of identifying and, if appropriate, punishing those responsible. The investigation must be thorough, with investigating bodies making a serious attempt to find out what happened and not relying on hasty or ill-founded conclusions to close their investigation or rely on hasty or ill-founded conclusions as the basis for their decisions. A victim must be able to participate effectively in an investigation.

The nature and degree of scrutiny required to satisfy the minimum threshold of the investigation’s effectiveness depends on the circumstances of the particular case and must be assessed on the basis of all relevant facts, and with regard to the practical realities of investigation work.

Where police have failed to meet their obligations under Article 3, you may be able to recover compensation as well as a declaration that your convention rights have been breached.

Based on reports that there were 21 disclosures of sexual assault and rape by Al Fayed, between 2005 and 2023 (as well as much earlier in 1995), it is certainly possible that the Metropolitan Police have breached a number of individuals’ Article 3 rights. Further, in the event those earlier reports were more thoroughly investigated and Al Fayed held to account at that time, is reasonable to conclude that other women may not have been subjected to similar, subsequent abuse.

Other options

You may also be able to apply to Criminal Injuries Compensation Authority. This is a government body that pays compensation to people who experience physical or mental injuries as a result of violent crime.

In addition, if a suspect has been identified in your case but the police have made a decision not to charge them, you may be able to use the Victims’ Right to Review Scheme to have the charging decision reconsidered.

Finally, you may also have a claim against the perpetrator of the abuse and/or their employer, particularly if it occurred within a work setting.

Time limits

There are specific timeframes (or limitation periods) to pursue the above courses of action, though in some circumstances the court may allow an extension to that limitation period should a claim be started outside of that timeframe or limitation period. Should you wish to bring a claim, you should seek legal advice as soon as possible.

Our Civil Liberties & Human Rights team, ranked Tier 1 in Chambers UK, is committed to supporting survivors of sexual abuse in their pursuit of justice. We understand the profound impact of abuse and work tirelessly to hold individuals and institutions accountable for their failures. Our experienced team provides compassionate legal advice, helping survivors explore their options, from Article 3 human rights claims to compensation through civil actions, ensuring their voices are heard and their rights protected. Please call 0808 296 7694 to speak to one of our experts or request  callback.