Satchell Moran Wins High Court Appeal For Unlawfully Arrested Police Officers

Overview

Satchell Moran Solicitors and our clients, two well respected Police officers, have won a High Court appeal after being unlawfully arrested for ‘smacking’ their teenage son.

Background

In March 2019, our client gave her son a “light smack on the left cheek” following his misbehaviour. The Defendant, Surrey Police, later arrested and detained both parents for over seven hours, although they were told soon after that no further action would be taken against them. The couple later contacted Satchell Moran Solicitors and initiated a claim against The Chief Constable of Surrey Police, who responded with a full denial of liability. Although their claims were dismissed at trial last year, we advised the parent officers to appeal to the High Court.

The Challenge

Unhappy with the findings of the original trial Judge, the lawyer representing the Claimant’s, Miss Joanne Phillips, and Counsel, Mr George Murray, both agreed this case had merit for appeal in the High Court.

The initial trial judge dismissed the claims, accepting the police’s view that the arrests were necessary to protect the children.
Our legal team appealed on the basis that the officers failed to consider a more appropriate alternative, such as voluntary interviews, which both parents had already consented and offered to complete prior to their arrest.

Results Achieved

In a decision delivered on Monday, 28th of July 2025, Mr Justice Bourne overturned the initial ruling.

He found that based on the evidence presented by Claimants and the legal arguments made by Satchell Moran Solicitors and Counsel, the Defendant had failed to demonstrate there was a valid reason for believing it was necessary to attest either of the claimants. Justice Bourne noted that the parents had offered to co-operate with the Police, and no evidence explained why a voluntary interview was not pursued instead of an arrest.

“Merely referring to the need to protect children and to protect the integrity of the investigation was not and is not enough.”

Mr Justice Bourne, ALK & Anor v The Chief Constable of Surrey Police [2025] EWHC 1964 (KB)
The appeal Judge also highlighted that the Claimant’s son, who reported the incident at a youth centre, had a history of challenging behaviour and was already receiving mental health support. After reviewing all the circumstances, including the fact that the children were not deemed at risk and were permitted to return home the following day, Mr Justice Bourne concluded that the arrests were unjustified and therefore unlawful, overturning the original Trial Judge’s decision. As a result, the Claimant’s claim against The Chief Constable of Surrey Police succeeded.

Following the High Court victory, Miss Phillips, a specialist civil liberties lawyer, who is Head of our Actions Against Public Authorities Department, has expressed how important it is to continue to hold public authorities to account.

Miss Phillips added:

“This case was extremely important to my clients, for whom this has been a devastating ordeal. They are thrilled with the result of the High Court Appeal. It is of paramount importance that the relationship between the public and authorities, such as the Police, is one of mutual respect and co-operation. The result emphasises that where members of the public are willing to engage and co-operate with the Police without the need for arrest and detention, this should be a primary consideration for officers. I am delighted Mr Justice Bourne concluded that Surrey Police offered no reason to explain why voluntary interviews were not suitable in this case, in turn deeming the arrests unlawful.”

Joanne Phillips, Solicitor and Department Head (Actions Against Public Authorities team)

Why Choose Satchell Moran for Actions Against the Police

• Experts in Actions Against the Police – We specialise in unlawful arrest, police misconduct, false imprisonment, and civil claims against public authorities.
• Proven Success in Complex Appeals – Our legal arguments secured a total reversal of a lower court judgment, reaffirming citizens’ rights.
• Trusted by Professionals – In this case, we successfully defended two senior police officers—trusted professionals themselves—against an unlawful process.
• National recognition — Our work is regularly covered in prominent media and has contributed to legal precedent.

Contact Us

Satchell Moran Solicitors are committed to holding public bodies to account and safeguarding your liberty. If you or a loved one has been arrested or criminally recorded in an unlawful situation please get in touch:

Email: policeclaims@satchellmoransolicitors.com
Telephone: 0151 268 8282

Location: Liverpool (serving clients UK-wide)

Satchell Moran Solicitors stands ready to hold authorities to account, defend your rights, and secure fair outcomes.

Related coverage: BBC and The Telegraph spotlighted this case, reinforcing the serious flaws in the existing PACE act and how Satchell Moran successfully challenged it. Let us help you do the same.