Assault by security guard in co-op store

[wazir]

My husband was grabbed from behind, and his fleece ripped, in a local Co-op store last month. The assault was reported online when we got home. A crime reference number was issued. 

 

I emailed the CEO of Co-op, who said security was subcontracted to Mitie. Mitie have said they and the guard are registered with the SIA, but an investigation by 'co-op team members' found nothing. They also said the  cctv belongs to co-op. I can't find the guard on the SIA register, I did take a photo of him before we left the store, and got his name badge for another place where he works as security (a hospital!).

 

Police have yet to take a statement, but have said the cctv shows his arm being grabbed. Although they said it's at the store entrance, actually he was well inside, and in any case, the security guard didn't identify himself.

 

Police seem reluctant to push the charges of assault and criminal damage (my husband had a bruised rib, and the sleeve of his fleece was half ripped off. So clearly he was pulled verty hard). Would my husband have to get a solicitor to access the cctv and potentially ask for a settlement prior to a private action against Mitie and their employee?

 

He's offered to go to the police station to make a statement and hand in his ripped fleece as evidence, he's awaiting a response. Mitie haven't responded after being informed last week that there is cctv footage, and sent a picture of the fleece.

 

I'm concerned the cctv will 'go missing' if we can't get hold of it soon. Had that happen years ago, when my then boyfriend was assaulted in a club by the bouncer. Police encouraged him  to make a statement, had the cctv - and then lost it. 

[dx100uk]

SAR 

 

dx

 

[BankFodder]

Potentially your husband has a claim for trespass either against the supermarket or the security company.

You don't say when this has happened but he would certainly need to get a doctor to have a look at the injury that he has suffered and also he should have photographs of the bruising.

Obviously keep the coat untouched.

I think we need to know the entire story because you have simply talked about the injury and you have not talked about the circumstances leading up to it.

[wazir]

So we walked in to see if there was anything worth getting for dinner, as we had 15 minutes before our train. Nothing in the reduced section, so we walked out. He was behind me, and had a half drunk water bottle in his pocket (the pockets are on the front of the fleece) both as we went in, and as we left.

 

Obviously, the security guard hadn't clocked this as we went in, but instead of stopping my husband, grabbed his arm from behind after he'd gone past, and nearly pulled him to the floor. My husband resisted, so didn’t quite fall over. That's probably when his fleece ripped. The guard then reached around into his pocket and found the M&S water bottle.

 

He did go to the doctor, but internal bruising isn't visible. This happened four weeks ago today, in S London, near my mum's, in the evening. We'd taken her, in her wheelchair, on the bus to a hospital appointment, and were heading home after taking her back to hers.

[BankFodder]

Please can you tell us something about the ethnicity of the security person and also your own ethnicity.

How soon after the incident did you go to the doctor?

What is the value of the damaged fleece?

[BankFodder]

Also I find it very difficult to believe that there was no verbal exchange – although you haven't refer to one.

Please can you post up the dialogue which occurred

[wazir]

Only dialogue was well after he'd grabbed my husband. I think it was my husband calling out to me, then he said what do you think you're doing? After the guy was holding the (half empty) M&S water bottle, he said he'd made a mistake. There was no dialogue before the assault. 

Edited November 16, 2022 by wazir

[BankFodder]

Who said that they had made a mistake – was it the security person or your husband?

Also, you have enhanced the ethnicity and I can certainly understand if this was deliberate – but it would be helpful to have a sense of whether there was some stereotyping or profiling involved

[stu007]

Hi

 

Could I also just add the Coop saying the security guard is employed by mitie they are sort of telling you the truth but not.

 

Yes the Security Guard is Employed by Mitie but it is the Coop that has Employed/Contracted the Services of Mitie to provide Security in that store so the Coop are responsible for the actions of the Security Company they Employed Mitie to carry out this Service on there behalf.                       

(them passing you to Mitie is wrong as the buck stops with Coop as they Employed them to carry out this Security Service in that store)

 

You don't need a solicitor to request CCTV you simply send the Coop/that specific Coop store a Subject Access Request (SAR) requesting copies of the CCTV on XX/XX/2022 from time approx. Start Time to approx. Finish time and that this footage must be kept and not destroyed and that you also require "ALL DATA". Make sure those involved in this incident i.e your husband and yourself are named in the SAR request. ( they may ask you to provide photo ID to identify you from the CCTV Footage which you could just send with your SAR Request)

 

 

[wazir]

Thank you all for your advice. Will SAR the Co-op, and point out they are legally responsible. 

 

My husband is white, the security guard is Asian, presumably Muslim, as the name on his NHS badge translates as 'gentle servant'! You gotta laugh. 

[BankFodder]

 suggest that you post a draft of any letters that you are thinking of sending here before you you post it off

[wazir]

OkThank you all for your advice. Will SAR the Co-op, and point out they are legally responsible. 

 

My husband is white, the security guard is Asian,

[BankFodder]

I've edited some of the works out of your post .

 

You have made the point without needing to go on to make additional comments.

 

Thanks 

 

 

[wazir]

Well, the police ace have said they won't prosecute as 'it's a security guard doing his job'. On the phone. Asked them to put it in writing. Chasing that separately. 

 

Mitie are delaying responding to the SAR. They still haven't given the SIA number of the security guard.

 

Co-op have responded. I've got a cctv still of the guard grabbing my husband. Also a statement from Co-op staff saying my husband was assaulted, but 'that's a matter for Mitie'.

 

Given I have a statement from a Mitie director directly claiming the Co-op staff didn't say there was an assault (which was untrue), is it time to go to the Mitie CEO again, with the cctv still, with a notice prior to action? Or go to a solicitor and start formal proceedings?

 

Or wait until the police confirm in writing what they said on the phone. Not only did they say there was an assault but they wouldn't prosecute as it was only 'a security guard doing his job',but he wasn't wearing his SIA badge, as he must do when working.

 

Mitie haven't yet given his SIA number either, and I can't find him on the SIA Register using any combination of the names on his NHS security badge (presumably from his other job, he was wearing that, and I got a picture of it at the time).

 

There's also the question of Co-ops liability for their contracted out security. 

 

Thanks in advance for any advice.