Posts Tagged ‘Attacker’

The Tories have recently said they will turn around the law and allow people to look after there property and families safe in the knowledge that they wont be arrested as long as the act reasonably.

How nice of the Tories. Its a play on words and means absolutely nothing. The Criminal Law Act 1967 says in part Any person may use such Force as is reasonable in the circumstances.

Reasonable can be further broken down into necessary and proportionate. If you use force inside or outside your home which is necessary and proportionate then you have acted lawfully. If, as in so many cases you use force legitimately and the attacker runs off and you pursue him/her and carry on the attack then this would be unlawful as the threat has gone and the use of force becomes Retaliation Retribution Revenge and Teaching the person a lesson.

This is also backed up by Section 2 (2) of the Human Rights Act 19998. The hype that the press give to this is nothing short of scaremongering and plants the seed of doubt in the minds of the ordinary law abiding Citizen. This use of force stands whether the attacker is a child, adult, old, young, male or female.

A security guard who was severely traumatised in an assault has received £180,000 in compensation. GMB member, James Maher, 56, from East London was attacked while working as a security guard for the London Borough of Waltham Forest at the Low Hall Depot in Walthamstow. He has been left unable to work as a result of the incident, which saw him hit repeatedly across the head by the partner of a council worker. He suffered bruising to his head and needed an operation on his knee. Although not seriously injured, he has been left with psychological trauma which at times means he cannot leave his home.

Mr Maher worked for the council for 18 years and was licensed by the police to work with the public but never returned to work following the assault. On the day of the incident a misunderstanding by a council workers partner led to the attack.

Mr Maher had warned his bosses on several occasions that the entrance to the security office should be made safer to prevent members of the public gaining access. He had also not been equipped with lone worker or customer care training.

The council admitted liability for the accident and settled for £180,000 just two days before the case was due to be heard in court. No criminal charges have been brought against the attacker.
Natalie Shelley from Thompsons Solicitors, representing Mr Maher, said:

“Had the council carried out a thorough risk assessment of staff security before the assault the assailant would not have been able to gain access to the premises. Employers should do all they can to provide their staff with a safe working environment”

A recent Unison survey highlighted concerns that lone council workers are increasingly vulnerable to assaults. The survey showed a 43% increase in assaults on council staff in Scotland in 2008.