Background
Miss Olivia Kilgallon, Solicitor within Irvings Law’s Actions Against the Police Department, has successfully represented a client in a claim for compensation against Greater Manchester Police (GMP) after reporting that he had been assaulted by his partner, but Officers pre-emptively decided that the client was the perpetrator and unlawfully detained and assaulted him on 2 January 2021. The said client wishes to remain unnamed for the purposes of this case report so will be referred to as ‘Mr X’.
The Case
On 1 January 2021 during the early hours of the morning, Mr X was assaulted by his then partner and called 999 to report the same. Mr X had faith that the Police would attend and help, owing to the fact that he is a Police Officer himself. Whilst calling 999, Mr X’s partner had calmed slightly and was about to leave the property. Because of this, 999 operators advised that no one would be in attendance to help Mr X.
Having been left with injuries, that Mr X photographed, he called 101 four times later in the day to request assistance in reporting the assault he had suffered. No one assisted Mr X and so on 2 January 2021, he attended work as a serving Police Officer. Mr X informed 101 operators that he would be attending work and advised as to what time he would be home, hoping that someone would be willing to assist him with his report of assault.
Whilst at work, Officers from GMP attended and arrested Mr X for assault on his partner owing to a counter allegation she had made. This is despite the fact that Mr X had visible injuries on his face and body, and the fact that he had been calling 999 and 101 to report the assault he had suffered. Mr X was unlawfully detained for approximately 12 hours before being released.
Representation
Mr X approached Irvings Law for assistance with the above and Miss Kilgallon immediately identified that what happened to Mr X and how he was treated in regard to pre-emptive assumptions that he was the perpetrator was completely wrong. Miss Kilgallon offered to act for Mr X without hesitation and sent a letter of claim to GMP alleging that the Officers unlawfully detained and arrested Mr X, having no reasonable suspicion or necessity to do so, and assaulted him thereafter as any touching such as taking DNA or fingerprints was unlawful touching.
Resolution
Despite the above, GMP denied liability and made no offers of settlement, therefore a Barrister was instructed to settle Particulars of Claim in readiness for the issue of proceedings. GMP thereafter instigated without prejudice correspondence and settlement was achieved by Mr X accepting an offer of £4,000.00 plus his legal costs without the need to issue and serve proceedings.
