A well check, also known as a welfare check, is a request made to law enforcement to check on the well-being of an individual who may be in distress or at risk. Many people assume that when they call law enforcement for a well check, it will automatically be performed. However, what many do not realize is that law enforcement agencies can, and often do, deny these requests for various reasons.
Case Study: A Well Check Denied
Recently, a well check request was made to the Kershaw County Sheriff’s Office. The dispatcher took down the necessary information and asked the caller if they wanted a follow-up call. The caller confirmed they did. However, three hours passed with no response from an officer. The caller followed up with dispatch, only to be reassured that the officer would call back. After another hour with no response, the caller made a third attempt and was transferred to a sergeant.
At this point, the sergeant informed the caller that the well check had been declined due to the history between the caller and the individual they were inquiring about. The sergeant also stated that the mother of the individual kept them well informed about both the caller and the person the well check was requested for. This decision was particularly surprising because the mother had a history of filing false reports against both the caller and the subject of the well check request. This includes a false report to Kershaw County Sheriff’s Department stating her daughter had been kidnapped by the caller. Despite these circumstances, law enforcement took the mother’s word into account, effectively overriding the caller’s concerns for the individual’s safety.
Why Are Well Checks Denied?
Law enforcement agencies may refuse to conduct a well check for several reasons. One of the most common reasons is the potential for misuse—some individuals use well checks as a tool for harassment, repeatedly calling the police to check on someone as a form of intimidation. Other reasons may include:
- The individual’s known history with law enforcement
- A belief that the request is not made in good faith
- Previous false reports related to the individuals involved
However, the denial of a well check also comes with risks for law enforcement agencies. If an individual comes to harm after a well check is refused, departments and officers can face civil lawsuits or even criminal liability for failing to ensure a person’s safety.
The Legal Implications of Denied Well Checks
There have been numerous instances where law enforcement agencies were sued due to their failure to perform well checks that could have prevented harm. Courts have occasionally ruled against departments that failed to take reasonable steps to ensure an individual’s safety, especially when there were clear indications of potential danger.
In this particular case, the concern is whether an officer’s opinion should override legitimate concerns for an individual’s safety. Law enforcement has the difficult job of balancing resources, policy, and judgment calls, but the question remains: How difficult is it to conduct a simple well check and document the findings rather than risk being wrong and allowing harm to come to someone?
Conclusion
Well checks are a valuable tool in ensuring public safety, but their discretionary nature can lead to situations where legitimate concerns go unaddressed. While law enforcement must safeguard against abuse of this service, there should also be accountability when a refusal to check on someone’s welfare leads to serious consequences. More transparency in how these decisions are made and clear guidelines on when and why well checks are denied could help strike the right balance between preventing harassment and protecting those in genuine need.