One evening in February 2020, my client Mark Conway and his young son (then aged 7 years old) were staying overnight at a small hotel in Stockton-on-Tees, near Middlesbrough.
Later that same day, Cleveland Police received a call from the Manager of the hotel advising that certain residents (not Mark or his son) were being disruptive, and Police Officers attended.
The following morning, the Manager of the hotel again called Cleveland Police to report further concerns, about alcohol consumption and (non-specific) concerns that other drugs were on the premises. The Manager also reported that a 7-year-old boy was also staying at the Hotel, which heightened her concerns, but there was no suggestion that Mark himself was one of the disruptive/ drug-taking residents. Mark and his son were in fact asleep and knew nothing about this report.
PC Plumpton and PC Cave subsequently attended the Hotel. They found no evidence of illegal drug taking or any ongoing conflict or disturbances, but after asking whether there was a young child in the building, were directed by another resident to Mark’s room.
PC Plumpton knocked on the door of Mark’s room. My client awoke and went to the door.
Confused and disorientated, Mark opened the door. PC Plumpton asked if Mark was “Stopping here with [his] little boy”. Mark asked what time it was and PC Plumpton advised that it was 7.20 am. Given the early hour, Mark asked PC Plumpton to return later and then sought to close the door.
PC Plumpton prevented closure of the door and stepped forward, thereby crossing the threshold of the door and entering Mark’s room. PC Plumpton again asked Mark if a little boy was in the room and said that she needed to see him because of (non-specific) “concerns for his safety”.
Mark fully opened his door to show that his son was safe in bed in the room, and then again sought to close the door. PC Plumpton called for assistance and pushed Mark’s hand away from the door frame.
Mark, shocked and angered by this unexplained and unjustified Police intrusion into his life, told PC Plumpton to “Piss off”. PC Cave now appeared and PC Plumpton warned Mark that if he carried on as he was, he would be “getting locked up”, although she did not specify what offence this could possibly be for.
Mark again told PC Plumpton to “Piss off” and to “Get out”. PC Plumpton advised that she would not leave, and now forced the door wide open with her foot. PC Plumpton again prevented closure of the door and pushed Mark in the chest.
PC Cave advised that they “want[ed] to talk”. Mark, believing (correctly) that there was no lawful basis for the Officers to enter the room, again sought to close the door.
In response, PC Plumpton pushed Mark back and both PC Plumpton and PC Cave momentarily grabbed Mark around the neck.
PC Cave again insisted “We just want to talk, just want to ask you a question”.
Mark was distressed and angry and said to the Officers “You’re disgusting” and “I was asleep in bed.” PC Plumpton requested assistance over her radio, stating “This male’s being aggressive.”
Mark walked away and lay down on his bed; outraged by the officers’ actions in forcing their way into his room, he asked them “How dare you?” PC Cave replied “All we needed to do was check on the little one.”
Mark accused the Officers of acting unlawfully. PC Plumpton claimed that she had lawfully entered the room under Section 17 of PACE (The Police and Criminal Evidence Act 1984). Mark again directed the Officers to leave.
PC Cave also referred to Section 17 of PACE and specifically their “concerns for a child.”
At no point, however, did either officer explain any basis for a specific concern for Mark’s son’s safety. When challenged on this point by Mark, PC Cave replied, “My concern is…… your behaviour now ……. The fact that you have slammed the door on my colleague”.
Mark, frustrated, replied, “Go away you fool, you child, we’re asleep in bed in a hotel, you want concerns, you’re a fool. My son’s there asleep.” PC Cave replied “Yes, and we came for a chat.”
Multiple other Officers now attended.
PC Plumpton reported to her colleagues that she had been assaulted by Mark (by him slamming the door in her face and then elbowing her).
PC Plumpton further asserted to Mark that “I knocked very politely, I politely asked to come in and then you started screaming at me.” In fact, PC Plumpton had not at any point asked to enter the room. Mark replied, “I’m in a hotel, asleep in a room.”
Mark’s son was now taken from the room by Officers and a male Officer, believed to be PC Kell, said to Mark, “Right fella, assault police. You’re under arrest for assault police.” Mark replied, “What do you mean I’m under arrest for assaulting police?” The reply to Mark was “You assaulted my colleague.”
In a state of extreme distress, Mark was now handcuffed by the officers, forcibly escorted to a van and transported to Stockton Police Station.
The Custody Sergeant asked Mark if he was under the influence of alcohol and Mark replied “I was asleep in bed, don’t be stupid… and then the police come through my door. I’m asleep, that’s what I’m doing. I ain’t got a clue what’s gone on.”
The Custody Record stated that the circumstances of arrest were: “Police called to a concern for safety at an Air B&B where DP [Detained Person] has refused Police in the room and assaulted a Police Officer by elbowing her. Seven year old child has been in the bed crying and distressed.”
The Custody Record then records that en route to the cell, the Custody Sergeant asked PC Kell to confirm the relationship between Mark and the child. Because PC Kell could not confirm the relationship, the Custody Sergeant determined that “the DP could be a crime scene for sexual offences” and on that basis directed that Mark be stripped naked and his clothing be seized.
Mark was made to lie face down on a mat, whereupon officers forcibly stripped him.
When, hours later, he was finally released, Mark learned that his son had been taken to his maternal grandparent’s home, and was therefore safe and well, although still separated from his father.
In April 2020, Mark was charged by postal requisition with assaulting PC Plumpton and was obliged to attend Teeside Magistrates’ Court in July 2020.
There he pleaded not guilty, and at trial in September 2021 Mark was acquitted, though not until he had endured months of threatened criminalisation hanging over his head.
The entry into my client’s room by the Officers, and their continued presence thereafter was unlawful and constituted a trespass to land by the said Officers. Mark had refused entry into the room to the Defendant’s Officers, and they had no lawful power to enter the room contrary to his instructions.
When the Chief Constable of Cleveland Police denied liability, I issued Court proceedings against him and after several years of litigation, brought the Police to the negotiating table. After negotiation, I was able to secure a final settlement of £17,500 damages, for Mark together with his legal costs, to reflect the full extent of the physical and emotional harm, and interference with his personal rights and liberties, which these events had inflicted upon him.
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