Police officers win High Court appeal over claims of smacking child in Surrey
The couple sued the police force after being told they would face no further action
Last updated 28th Jul 2025
Two married police officers have won their appeal case after being arrested after one allegedly smacked their teenage son.
The couple, who worked for the Metropolitan Police, claimed they were unlawfully detained following the incident in March 2019.
During the altercation, the female police officer gave her son what she described as a "light smack on the left cheek" after he had misbehaved.
Surrey Police arrived shortly afterwards and arrested the couple, but after being told they would face no further action - the parents sued, claiming they were unnecessarily detained.
Bringing their case to the courts, the parents - who have three children - initially lost their legal action after the case was dismissed last year at Guildford Crown Court.
Since then, the couple has appealed the decision, taking the case to the High Court during a trial earlier this month.
In a ruling made on Monday (July 28th), presiding judge Mr Justice Bourne officially overturned the initial ruling.
In his judgment, Mr Justice Bourne said: "In my judgment, on a proper analysis of the evidence at trial, the police did not show that there was an objective basis for the belief that it was necessary to arrest either claimant."
He added: "None of this means that police officers are entitled to special treatment when they find themselves suspected of an offence.
"But the police must assess the circumstances and make rational decisions as to whether coercive measures are needed or not."