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Assault by supposed security guards - go legal?

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  • Assault by supposed security guards - go legal?

    Won't go into too many details as I'm just exploring this right now. But to cut a long story short, I was falsely accused of theft whilst exiting a supermarket. Persons unknown approached me, grabbed me and got physical. Thankfully I recorded the whole incident for my own safety. They tried to grab the phone out of my hand. I was physically held and photographed with a personal device by one of the individuals proporting to be security. Police have NFA'ed it as to be expected. Company closed ranks on complaint. Do solicitors take up such matters or does this come under 'reasonable force' which I'd argue is wrong as I made no effort to resist. Thanks
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  • #2


    If it were me I would complain to the supermarket. My aim would be to squeeze a few hundred pounds out of them. The photo that was taken should be available under a SAR, so request a copy. The security company may be contracted, so find out who they are. You could complain to the SIA, for what it's worth.

    I'd be looking at making them pay up or I make a claim in the County Court. Not sure exactly what for - damages due to negligence springs to mind, but you didn't suffer any financial loss, so maybe not. Civil claims will come under different headings to criminal cases, and I don't know what the equivalent civil offence would be for assault, as that is what it appears to be. I'd expect at least some form of offer to settle before court. You could make a joint claim against both the supermarket and the security company (if there is one).

    I'd start with the SAR just to set the ball rolling. Then I'd write a very nice letter, minus any legal terminology, requesting compensation, then LBC, then claim. I might also involve the SIA as a defendant if there were a way to do it. Security guards are required to display their SIA licences, and not doing so is an offence. Maybe you can try and make a big thing over that.
    Last edited by ULA; 7th September 2023, 09:11:AM. Reason: Removed reference to solicitor as we do not recommend law firms or solicitors

    Comment


    • #3
      Originally posted by samsmoot View Post

      If it were me I would complain to the supermarket. My aim would be to squeeze a few hundred pounds out of them. The photo that was taken should be available under a SAR, so request a copy. The security company may be contracted, so find out who they are. You could complain to the SIA, for what it's worth.

      I'd be looking at making them pay up or I make a claim in the County Court. Not sure exactly what for - damages due to negligence springs to mind, but you didn't suffer any financial loss, so maybe not. Civil claims will come under different headings to criminal cases, and I don't know what the equivalent civil offence would be for assault, as that is what it appears to be. I'd expect at least some form of offer to settle before court. You could make a joint claim against both the supermarket and the security company (if there is one).

      I'd start with the SAR just to set the ball rolling. Then I'd write a very nice letter, minus any legal terminology, requesting compensation, then LBC, then claim. I might also involve the SIA as a defendant if there were a way to do it. Security guards are required to display their SIA licences, and not doing so is an offence. Maybe you can try and make a big thing over that.
      Sorry for the VERY slow follow up on this. Two months is a long time but I'm still active (had to create a new username) and remain furious about being roughed up and publicly accused and humiliated in front of dozens of shoppers.

      So here's what's happened. I made a formal complaint to the supermarket, they went into full denial and victim blaming mode. Completely refused to even look at the video footage I had of being roughed up. Complained to SIA about lack of badges on display (this was very difficult and no response or acknowledgement) On to CCTV. I lodged an SAR. The SAR was insufficient / inadequate. Escalated this the ICO who carried out their own investigation. They concluded that the SAR was only partially fulfilled but were not willing to act against the supermarket more fully / told me to seek my own legal redress.

      On the SAR, I suspect that the refusal to comply was a tacit admission of wrong doing by the supermarket, they are effectively attempting to cover up wrong doing.

      So back to you earlier point - Legal Dept and LBC. Making the points above, would this be a wise move? I mean it wouldn't hurt but obviously making a LBC without any fangs to follow up seems futile.

      Many thanks

      Comment


      • #4
        Originally posted by GoatsGadget View Post

        Sorry for the VERY slow follow up on this. Two months is a long time but I'm still active (had to create a new username) and remain furious about being roughed up and publicly accused and humiliated in front of dozens of shoppers.

        So here's what's happened. I made a formal complaint to the supermarket, they went into full denial and victim blaming mode. Completely refused to even look at the video footage I had of being roughed up. Complained to SIA about lack of badges on display (this was very difficult and no response or acknowledgement) On to CCTV. I lodged an SAR. The SAR was insufficient / inadequate. Escalated this the ICO who carried out their own investigation. They concluded that the SAR was only partially fulfilled but were not willing to act against the supermarket more fully / told me to seek my own legal redress.

        On the SAR, I suspect that the refusal to comply was a tacit admission of wrong doing by the supermarket, they are effectively attempting to cover up wrong doing.

        So back to you earlier point - Legal Dept and LBC. Making the points above, would this be a wise move? I mean it wouldn't hurt but obviously making a LBC without any fangs to follow up seems futile.

        Many thanks
        Sorry myself - have not been on here for a while. I can respond if you are still about.

        Comment

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