We represented a client who had concerns raised about their mental health.

Background

Police officers attended our client AA's home address to carry out a welfare check after concerns had been raised about AA's mental health.

Following discussions with the officers, AA voluntarily agreed to attend hospital. However, when AA later attempted to leave the hospital, officers prevented them from doing so, physically restraining and arresting them.

No mental health assessment ultimately took place at the hospital, and AA was deemed fit for discharge. AA was subsequently taken into police custody and remained there until the following afternoon. Any charges brought against AA were later discontinued.

Our Involvement

We assisted AA in bringing a claim against the police arising from false imprisonment, assault and battery, and breaches of the Human Rights Act 1998.

Our case was that AA had attended the hospital voluntarily and had not been lawfully detained. We therefore argued that preventing AA from leaving, and the subsequent use of force, where unlawful.

We conducted a detailed review of the available evidence and entered into pre-action correspondence with the police force. We were able to secure a settlement of £30,000 on AA's behalf before court proceedings were issued.

Our client was represented by Solicitor Keiu Kikas and Paralegal Navjot Kahlon of GT Stewart Solicitors & Advocates, with Harry Harris from Garden Court Chambers instructed as Counsel.

FAQs

Can the police detain someone experiencing a mental health crisis?

The police have certain legal powers to detain a person experiencing a mental health crisis. However, these powers can only be exercised where the relevant statutory requirements are met.

Can i make a claim if the police used force against me?

Potentially. Police officers have legal powers to use reasonable and proportionate force in certain circumstances, but force may be unlawful where the underlying detention or other exercise of police powers was unlawful, or where excessive force was used.

How can a solicitor help with a claim against the police?

A solicitor can review the available evidence, identify the legal basis for a claim, obtain further evidence where necessary and negotiate with the police force on the client's behalf. In certain cases, a claim may be resolved without the need for court proceedings.