Assaulted - inadequate police reponse

[BMWBen]

This weekend my partner and I were victims of an assault. It was captured on nearby CCTV and by multiple passers-by, some of whom filmed what happened. My partner called the police while it was in progress and they appeared on the scene shortly after the assailant had left.

We were told that they would look at the CCTV, videos, talk to the bystanders and would be around shortly to take a statement and decide what they would do.

When they did come round, something very strange happened. They just said "well, this gentleman has assaulted you so we'll go round and talk to him, and we'll deal with it with a community resolution order". Then they left, and we realised that they hadn't mentioned the fact that my partner had also been assaulted by him, and that there was another person involved who had either also assaulted her, and had committed several road traffic offenses in the process (she was deliberately driven into with a car, and after the assault the car had driven on the pavement and through a red light).

When one of the officers came back later on having spoken to the perpetrators, we obviously challenged him on it. Apparently my partner appeared to be the aggressor, and the driver was "trying to get away" and was "very upset". This did not match my recollection, so I asked if we could watch the CCTV together. Surprise surprise, the very first thing that happens before anything else is that my partner is driven into, then the passenger gets out and starts his assault on both of us.

The officer eventually acknowledged that my partner had indeed been assaulted by this chap, and said he'd do another community resolution order for the assault on her, but he clearly hadn't really changed his opinion despite the CCTV plainly contradicting the chain of events he had in his head. I asked if there was another option and the answer was "no".

Nobody has taken a statement from either of us or any of the witnesses. The CCTV was filmed by the officer on his phone and so that hasn't been taken as evidence either.

My partner is obviously pretty distressed, not only because somebody assaulted her, but more importantly that it seems that because she didn't allow him to beat her and successfully intimidated him (by screaming at him) whenever he tried to push her around, and she didn't back down, that the police don't care and view her as the aggressor.

I'd obviously quite like to do something about this, but I'm not sure what I can!

[carinaman]

If you've got the video evidence you could seek advice from a solicitor specialising in actions against the police.

You could try your MP and your local Police & Crime Commissioner, but you'd get more joy from speaking to a solicitor.

[Bigends]

BMWBen said:

This weekend my partner and I were victims of an assault. It was captured on nearby CCTV and by multiple passers-by, some of whom filmed what happened. My partner called the police while it was in progress and they appeared on the scene shortly after the assailant had left.

We were told that they would look at the CCTV, videos, talk to the bystanders and would be around shortly to take a statement and decide what they would do.

When they did come round, something very strange happened. They just said "well, this gentleman has assaulted you so we'll go round and talk to him, and we'll deal with it with a community resolution order". Then they left, and we realised that they hadn't mentioned the fact that my partner had also been assaulted by him, and that there was another person involved who had either also assaulted her, and had committed several road traffic offenses in the process (she was deliberately driven into with a car, and after the assault the car had driven on the pavement and through a red light).

When one of the officers came back later on having spoken to the perpetrators, we obviously challenged him on it. Apparently my partner appeared to be the aggressor, and the driver was "trying to get away" and was "very upset". This did not match my recollection, so I asked if we could watch the CCTV together. Surprise surprise, the very first thing that happens before anything else is that my partner is driven into, then the passenger gets out and starts his assault on both of us.

The officer eventually acknowledged that my partner had indeed been assaulted by this chap, and said he'd do another community resolution order for the assault on her, but he clearly hadn't really changed his opinion despite the CCTV plainly contradicting the chain of events he had in his head. I asked if there was another option and the answer was "no".

Nobody has taken a statement from either of us or any of the witnesses. The CCTV was filmed by the officer on his phone and so that hasn't been taken as evidence either.

My partner is obviously pretty distressed, not only because somebody assaulted her, but more importantly that it seems that because she didn't allow him to beat her and successfully intimidated him (by screaming at him) whenever he tried to push her around, and she didn't back down, that the police don't care and view her as the aggressor.

I'd obviously quite like to do something about this, but I'm not sure what I can!

Were you consulted as to whether you considered community resolution a suitable disposal for the offenders. Police arent bound to act in accordance with your views but the matter should have been discusssed with you first. The driver must have admitted the assault(s) or they wouldnt be eligible for the Community resolution disposal

[Cyberprog]

At a minimum you'd hope for the red light offence to be dealt with via a fixed penalty, and for his insurance details to be obtained for you to make a claim on the drivers insurance for driving into your partner, for which there will likely be pain and distress involved.

Then there's leaving the scene of the accident without giving the details as well, which should also be followed up on.

[BMWBen]

Bigends said:

BMWBen said:

This weekend my partner and I were victims of an assault. It was captured on nearby CCTV and by multiple passers-by, some of whom filmed what happened. My partner called the police while it was in progress and they appeared on the scene shortly after the assailant had left.

We were told that they would look at the CCTV, videos, talk to the bystanders and would be around shortly to take a statement and decide what they would do.

When they did come round, something very strange happened. They just said "well, this gentleman has assaulted you so we'll go round and talk to him, and we'll deal with it with a community resolution order". Then they left, and we realised that they hadn't mentioned the fact that my partner had also been assaulted by him, and that there was another person involved who had either also assaulted her, and had committed several road traffic offenses in the process (she was deliberately driven into with a car, and after the assault the car had driven on the pavement and through a red light).

When one of the officers came back later on having spoken to the perpetrators, we obviously challenged him on it. Apparently my partner appeared to be the aggressor, and the driver was "trying to get away" and was "very upset". This did not match my recollection, so I asked if we could watch the CCTV together. Surprise surprise, the very first thing that happens before anything else is that my partner is driven into, then the passenger gets out and starts his assault on both of us.

The officer eventually acknowledged that my partner had indeed been assaulted by this chap, and said he'd do another community resolution order for the assault on her, but he clearly hadn't really changed his opinion despite the CCTV plainly contradicting the chain of events he had in his head. I asked if there was another option and the answer was "no".

Nobody has taken a statement from either of us or any of the witnesses. The CCTV was filmed by the officer on his phone and so that hasn't been taken as evidence either.

My partner is obviously pretty distressed, not only because somebody assaulted her, but more importantly that it seems that because she didn't allow him to beat her and successfully intimidated him (by screaming at him) whenever he tried to push her around, and she didn't back down, that the police don't care and view her as the aggressor.

I'd obviously quite like to do something about this, but I'm not sure what I can!

Were you consulted as to whether you considered community resolution a suitable disposal for the offenders. Police arent bound to act in accordance with your views but the matter should have been discusssed with you first. The driver must have admitted the assault(s) or they wouldnt be eligible for the Community resolution disposal

I guess that depends on your definition of "consulted" looks like. The officers had decided that's what they were going to do before they first came round, and told me that that is how it was going to be handled.

The conversation went like this (we hadn't been asked anything about the actual events or what had transpired or why at this point):

The gentleman doesn't have any previous offences, so we'll deal with it with a community resolution order. He'll have to admit the offense and apologise.
Do you agree?

I said: It's better than nothing I suppose (or something along those lines, and at this point I hadn't realised that they weren't even considering that my partner had been assaulted and what view they'd taken on that)

When the officer came round for the second time, he told me again that that's how they were going to deal with it and do I agree. I asked "what's the other option?" and he said "there isn't one".

At no point was the process of what they were doing explained to me properly and I had no input on it. I was told that this is what they were going to do, that there were no other options and that now I have to fill in this form.

I wrote my name and address on it, and then there's a space labelled "Complainant's view of resolution" in which I wrote "I'm willing to accept it".

I don't believe I signed the form and nor was I told to, but I may not be recalling this correctly.

Other than my writing the form was blank. I've now looked up some pictures to see what the rest of the form says, and there's an area for the offender where there should be some details about what they admit to and what they agree to do about it.

Myself or my partner have not been given a copy of anything. I realise I should have been much more on the ball, read everything that is written on the form, immediately done my own research on what they were telling me etc, but the reality is having just been the victim of a crime I was not on the ball and didn't realise I would have to be wary of the officers who were supposed to be helping us.


P.S. Just a point of clarification: It was the passenger (a "he") who got out of the vehicle and started throwing his weight around. The driver (I assume his wife) didn't leave the vehicle but did deliberately drive into my partner just before that happened. I would call that assault, but the officers called it "she just rolled forward a bit".

Edited by BMWBen on Wednesday 25th November 11:13

[Greendubber]

Have you got the officers contact details?

If so contact them and tell them you want to speak to them as you've got questions about the process and how it's been handled. They should give you the choice of how the matter is dealt with but with no previous convictions etc it was probably always going to be some kind of resolution.

However, there are 2 assaults so personally I dont think a resolution is the way to go. Couple of statements from you and your Mrs, CCTV, speak to some witnesses over the phone and get him in for a voluntary interview and take it from there. If you dont get anywhere with that then call 101 and ask for the station the officer is based at. When you get through ask to make a complaint about how the matter was dealt with and someone (probably a Sgt) will get back to you and be able to put a bit more meat on the bones around the process used or get the wheel back on with it.



Theres no need to go ballistic just yet and start speaking with solicitors as previously suggested by another poster.

[dudleybloke]

Sounds like the offender is ticking some victim boxes so police won't prosecute.

[carinaman]

Greendubber said:

Theres no need to go ballistic just yet and start speaking with solicitors as previously suggested by another poster.

Why is it going 'ballistic'?

If the OP contacts their MP and Police & Crime Commissioner that may also serve to gauge whether they're much cop or a waste of space and taxpayers' money.

Dubber mate, the thread isn't about me.

[Greendubber]

carinaman said:

Greendubber said:

Theres no need to go ballistic just yet and start speaking with solicitors as previously suggested by another poster.

Why is it going 'ballistic'?

If the OP contacts their MP and Police & Crime Commissioner that may also serve to gauge whether they're much cop or a waste of space and taxpayers' money.

Dubber mate, the thread isn't about me.

So it's best to waste the time and effort of an MP and PCC rather than just speak to the actual force? If anything, getting those involved will slow the situation down massively.

No one said its about you but you're suggesting a sledge hammer to crack a walnut

[carinaman]

They should consult a solicitor. If you're ill you visit your GP, unless Covid-19 ahem 'pandemic', if your car is broken you take it to a Mechanic.

A solicitor is likely to be more versed in the law and dealing with the police than the OP.

[carinaman]

Where does a police officer deciding that Community Resolution is suitable for a traffic offence and assault sit with Separation of Powers? The police are enforcing the law and passing judgment.

[BMWBen]

Greendubber said:

Have you got the officers contact details?

If so contact them and tell them you want to speak to them as you've got questions about the process and how it's been handled. They should give you the choice of how the matter is dealt with but with no previous convictions etc it was probably always going to be some kind of resolution.

However, there are 2 assaults so personally I dont think a resolution is the way to go. Couple of statements from you and your Mrs, CCTV, speak to some witnesses over the phone and get him in for a voluntary interview and take it from there. If you dont get anywhere with that then call 101 and ask for the station the officer is based at. When you get through ask to make a complaint about how the matter was dealt with and someone (probably a Sgt) will get back to you and be able to put a bit more meat on the bones around the process used or get the wheel back on with it.



Theres no need to go ballistic just yet and start speaking with solicitors as previously suggested by another poster.

I called the station and got the officer's name and a crime number yesterday night. I asked if they were going to contact me (I'm due an apology as the result of this resolution order after all!) and I was told that they'd put a note on the file that I'd called but that it was up to the officer whenever he saw fit.

I understand that with no previous offences and with him being "it was quite surprising really, not what I expected, he's actually a professional" (give me a fking break) that they're probably not going to take it any further. The real issue is with how my partner has been dealt with. Now that the adrenaline has worn off and she's reflecting on it in the cold light of day she's pretty distressed by the whole experience. She was told by the officer that she was actually quite lucky that there wasn't any damage to the car (she banged on the bonnet while the car had her trapped against her bike as I recall it) or it could have been criminal damage! It appears to her that if you're female and you stand your ground in the face of an assault that the police will treat you as the offender. She needed to fall over and let the car run her over and let this chap do whatever he wanted without any reaction or defence it seems.

[carinaman]

OP, I've spent some time with an officer that was dismissed for fobbing off a member of the public and his police line Manager over the same incident.

[BMWBen]

carinaman said:

Where does a police officer deciding that Community Resolution is suitable for a traffic offence and assault sit with Separation of Powers? The police are enforcing the law and passing judgment.

No idea, other officers on the scene (who were about to go off shift and therefore handed it to the ones who actually ended up dealing with it) seemed to be quite pleased about the list of driving offences with multiple witnesses to support and how easy it was going to be to bring to justice. They also spoke about how people ramming other people with cars is a real problem for them and they're trying to clamp down on it.

Another factor that led to us being completely blindsided by the way it's actually been dealt with. My guard was down.

[Greendubber]

BMWBen said:

Greendubber said:

Have you got the officers contact details?

If so contact them and tell them you want to speak to them as you've got questions about the process and how it's been handled. They should give you the choice of how the matter is dealt with but with no previous convictions etc it was probably always going to be some kind of resolution.

However, there are 2 assaults so personally I dont think a resolution is the way to go. Couple of statements from you and your Mrs, CCTV, speak to some witnesses over the phone and get him in for a voluntary interview and take it from there. If you dont get anywhere with that then call 101 and ask for the station the officer is based at. When you get through ask to make a complaint about how the matter was dealt with and someone (probably a Sgt) will get back to you and be able to put a bit more meat on the bones around the process used or get the wheel back on with it.



Theres no need to go ballistic just yet and start speaking with solicitors as previously suggested by another poster.

I called the station and got the officer's name and a crime number yesterday night. I asked if they were going to contact me (I'm due an apology as the result of this resolution order after all!) and I was told that they'd put a note on the file that I'd called but that it was up to the officer whenever he saw fit.

I understand that with no previous offences and with him being "it was quite surprising really, not what I expected, he's actually a professional" (give me a fking break) that they're probably not going to take it any further. The real issue is with how my partner has been dealt with. Now that the adrenaline has worn off and she's reflecting on it in the cold light of day she's pretty distressed by the whole experience. She was told by the officer that she was actually quite lucky that there wasn't any damage to the car (she banged on the bonnet while the car had her trapped against her bike as I recall it) or it could have been criminal damage! It appears to her that if you're female and you stand your ground in the face of an assault that the police will treat you as the offender. She needed to fall over and let the car run her over and let this chap do whatever he wanted without any reaction or defence it seems.

Escalate it then, dont wait for him to contact you. You need someone unrelated to the case to have a look at it and review it. Call the station, give them your crime no and make a quality of service complaint, that'll take it out of the original officers hands to get someone else to look over it.

[LetsTryAgain]

BMWBen said:

This weekend my partner and I were victims of an assault.

I'd obviously quite like to do something about this, but I'm not sure what I can!

Read what Peter Hitchens has to say on the police.

[FNG]

carinaman said:

They should consult a solicitor. If you're ill you visit your GP, unless Covid-19 ahem 'pandemic', if your car is broken you take it to a Mechanic.

A solicitor is likely to be more versed in the law and dealing with the police than the OP.

They're also only going to do anything on your coin. The police might not act quickly and they won't act solely in your best interests but in their interpretation of the best interests of all concerned. But at least they won't be taking your money to do so.

A solicitor is highly likely to act in their own best interests, and only when theirs and yours tally is that of benefit to you. If you're lucky that'll be most of the time. If you're unlucky you're just paying them to stir paper around and antagonise everyone in their vicinity.

Having just had the runaround from a solicitor who's taken 10 months to achieve precisely nothing but billed me religiously for it every month, engaging a solicitor before all other avenues are explored and exhausted feels like a great way to complicate matters, escalate every bloody thing to an adversarial conflict whether needed or otherwise, slow everything down, incur time and effort to chase for progress, head merrily down blind alleys that were never going to achieve what they were outlined to, and cost you a mint in the process.

Yes, rant over etc, they're not all bad etc, but for the love of dog don't engage a solicitor unless and until you need to.

[carinaman]

You'd think hitting a vehicle when you've just been rammed by it would be quite easy to defend in a court of law.

The police are taught 'I was in fear of my life.......

[Greendubber]

carinaman said:

They should consult a solicitor. If you're ill you visit your GP, unless Covid-19 ahem 'pandemic', if your car is broken you take it to a Mechanic.

A solicitor is likely to be more versed in the law and dealing with the police than the OP.

If I have a complaint about a plumbers work I'll speak to his employer to hopefully gain a successful resolution before paying for a solicitor.

If it needs to ultimately be escalated to that point eventually the so be it but at the moment the OP just needs to make a call and complain.

You're suggesting a not inconsequential amount of time and cost be thrown at it at the moment when it simply doesnt need to be. I suppose it's easy when its not your time and money.

[dudleybloke]

How old is the perp?