Excessive Use Of Force On Children – Do I Have A Claim Against The Police?

An investigation has been launched into Police Scotland’s use of force against children, after data from the Scottish Police Authority (SPA) shows that children in Scotland are more than twice as likely to experience use of force by the police than adults.

What is Use of Force?

‘Use of force’ can be any police tactic involving an element of physical force, no matter how small. For example:

• Handcuffing
• Body restraints
• Lifting you off the ground
• Physically escorting you by pulling your arm or pushing your back
• Using pressure points and joint locks
• Use of equipment – such as a baton, spray, spit and bite guard, or shield
• Use of firearms or non-lethal weapons – such as Tasers or projectiles
• Use of police dogs

Is Use of Force lawful?

Sometimes the police may be required to use lawful force when carrying out their duties. For example, where a person is resisting arrest or threatening harm to themselves or others, an officer may be required to use some force in order to protect anybody at risk in that situation or to safely carry out the arrest.

However, in order for the use of force to be lawful, it must be necessary, proportionate and reasonable in all the circumstances.

Even in situations where some force is justified, the level of force used must be suited to the specific circumstances. This will involve weighing up factors such as the nature of the threat involved, the harm that may be caused by the use of force, and the specific characteristics of the person the force is being used against. These characteristics will often include age, height and/or whether they have a disability.

Excessive force used on children

When interacting with children, police should use no or reduced levels of force. This is particularly important when the child is very young and small. However, even where a child might look to be more physically imposing – due to their height or strength – they still possess a psychological vulnerability that should be carefully considered by any police officer when determining whether to use force against them. Notably, the ‘adultification’ of children, and in particular children from black and ethnic minority backgrounds, is becoming increasingly prevalent in policing and other public sectors.

The way the police manage confrontation involving children is a sensitive issue. The National Police Chiefs’ Council (NPCC) strategy on child-centred policing states that officers and staff should:

• treat people who are under the age of 18 as children
• have regard their safety, welfare and wellbeing, which is required under sections 10 and 11 of the Children Act 2004 and the United Nations Convention on the Rights of the Child

The College of Policing notes that ‘children will have vulnerabilities because of their physical, emotional and cognitive development. This could mean they behave differently to adults in response to distress or trauma. Some children and young people who come into contact with the police will also have physical and mental illness, reduced mental capacity or neurological differences (e.g. autism spectrum disorder).’ The guidance recommends methods of interacting with children and that reasonable force should be used as a last resort, only where other methods have failed.

Police Scotland’s recent quarterly report shows that in 2023/24 there were 1,115 uses of force against children. Although directly comparative figures are not available in England and Wales, annual statistics record that in the year ending 31 March 2023, 11% of all uses of force involved children under aged 17 and under (which amounted to 74,470 incidents). Of these, 763 uses of force involved children under the age of 11.

This new investigation into Use of Force in Scotland will be aimed at identifying problems and making recommendations to better protect children’s rights.

The announcement comes in the context of wider issues, all pointing to a systemic mistreatment of children by public bodies; recent reports have raised concerns with the high level of strip searches being conducted on children and excessive physical restraint being used in schools for children with special educational needs and disabilities.

A careful and thorough review of the current police practices and safeguards in place to protect children, particularly those who are vulnerable and come into contact with the criminal justice system, is much needed.

What should I do?

If you or your child have been subject to the use of unlawful force by police, you should seek legal assistance.

The infliction of unlawful force by a police officer is an assault. The officer responsible could be subject to a criminal investigation and/or disciplinary proceedings through their employment with the police. It is possible for you to make a complaint about the officer directly to the police force involved, or to the Independent Office for Police Conduct (IOPC).

In addition, you or your child may be able to bring a civil claim for compensation. The level of force and injuries suffered will impact the amount of compensation awarded, and it may be that you or your child have a claim in relation to any psychiatric injuries caused by the assault.

It may also be the case there has been a breach of your human rights – such as your rights under Article 3 (the right to freedom from torture or inhuman and degrading treatment), Article 5 (right to liberty), Article 8 (right to privacy and family life, including bodily integrity), of the European Convention on Human Rights (which is implemented by the Human Rights Act 1998).

Our Civil Liberties solicitors have a wealth of experience in representing individuals, including children and young adults, in cases arising from assaults or other improper conduct by police officers. If you wish to seek legal advice, you can contact our legal experts by calling 0330 822 3451 or request a callback via our website.