We are proud to have secured justice for a vulnerable child who was unlawfully detained overnight in a case of police misconduct. The case concluded with the police agreeing to pay £13,500 in compensation for false imprisonment, assault, and breaches of the Data Protection Act and negligence.
This case highlights the importance of challenging police misconduct, especially when it involves the unlawful detention of children.
Case overview: Unlawful arrest and detention of a minor
Our client, was just 14 years old when she was arrested in July 2020. This was the first time she had ever been arrested, after being found with friends playing with a knife in an Asda car park during the early hours. She was arrested and taken into custody.
At the police station, she was represented by Gavin Kendall, who advised her to make admissions and directed the officer in the case to relevant CPS guidance. This clearly indicated that the appropriate course of action was either a Youth Caution or Youth Conditional Caution.
Despite this, our client was charged with possession of a bladed article and refused bail, allegedly on the basis that she was unlikely to surrender to court and that it was “in her best interests” to remain in custody overnight.
Unlawful detention ignored CPS guidance
The reasons given by the custody sergeant included claims that our client had missed a previous Youth Offending Team (YOT) appointment. However, CCTV footage captured our clients mother immediately correcting this information. In fact, she had attended the appointment; it was the police who failed to turn up. A rearranged meeting had to be missed due to Covid-related self-isolation and contact with YOT had been maintained throughout.
Gavin raised urgent and robust objections to the decision to detain our client overnight—challenging the legal basis of the decision and highlighting the officer’s reliance on irrelevant considerations, including his belief that she had “sucked her teeth” at him. Despite these objections, the police persisted with the detention.
The usual lip-service was paid to the obligation to seek Local Authority accommodation, but no meaningful attempt was made.
The outcome at court
When our client appeared at Bromley Youth Court the next morning, the District Judge expressed outrage that she had been kept in custody overnight. She was immediately released on unconditional bail, and the case was adjourned to enable her to receive the Youth Conditional Caution that should have been issued from the outset.
Legal action and settlement
We issued civil proceedings against the police for:
- Assault – including the unnecessary use of handcuffs and the drawing of a Taser during the arrest;
- False imprisonment – for the unlawful detention
- Negligence and Data Protection Act breaches – for mishandling and misrecording data which led to the unlawful decision-making.
After sustained litigation, the police have now agreed to pay £13,500 in damages to our client.
Recognition for excellent representation
Special credit is due to Gavin Kendall, whose early intervention, attention to detail, and thorough documentation—including preserving records of representations that failed to make it into the official custody record—played a crucial role in the outcome.
Commentary
This case stands as a stark reminder of the dangers of routine overreach by police when dealing with children, particularly in the absence of proper scrutiny. Despite guidance from the CPS and clear legal standards, our client was detained without lawful basis, on incorrect information, and without genuine efforts to seek alternative accommodation.
It should never take litigation to hold authorities accountable for the mistreatment of a child, but we are proud to have achieved justice in this case—and to have sent a clear message that unlawful detention will not go unchallenged.
If you or someone you know has been wrongfully detained or mistreated by the police, our team is here to help. Contact us for expert advice and representation.
