Background
Mr Matthew McConville, Head of Irvings Law’s specialist Actions Against the Police, has successfully represented a client in a claim for compensation against Northumbria Police. Due to confidentiality, the client will be referred to as Mr M.
Following an altercation, Police Officers from Northumbria Police attended a situation where Mr M was situated. Whilst Mr M was explaining events and without being arrested, he was aggressively taken to the floor and roughly placed in handcuffs thereafter being informed that he was being arrested on suspicion of common assault. Mr M was then escorted to a local Police Station where he was then processed before being interviewed and afterwards released on conditional bail that later resulted in no further action being taken against him. Given the treatment that Mr M received, he lodged a complaint to the IOPC regarding what happened which was later re-directed to Northumbria Police to investigate. In response to Mr M’s said complaint, Northumbria Police’s Specialist Operational Trainer confirmed that the grabbing of Mr M’s throat was not an approved technique nor was it taught by Northumbria Police as a method of restraint. In addition to this, it was found that the involved Police Officers did not have the power to use any force upon Mr M, never mind the excessive force used, because at that time Mr M was not actually arrested. As such, the involved Police Officers were found to have a case to answer for misconduct and at their said misconduct hearing, it was accepted that the restraint technique used was not approved meaning that such conduct fell below the professional standards whereupon an eighteen-month written warning for such conduct was given.
Representation
After this, Mr M approached specialist Actions Against the Police Solicitors, Irvings Law, for assistance. Mr McConville immediately acknowledged that what happened was completely wrong and without hesitation, offered to act for Mr M by way of “no win, no fee” presenting a claim to Northumbria Police on the basis of assault/battery.
Resolution
Without the need to serve Court proceedings, Northumbria Police entered into settlement negotiations that resulted in Mr M settling his claim on a full and final basis for an amount just shy of £20,000.00 including the payment of his legal costs.
