Accused of shoplifting after mistake. Should I complain?

In my opinion you were wrong. Your lucky they didn't take it further

Excuses, excuses, excuses!

You were shoplifting.

You shoplifted and you want to complain? You were in the wrong it's not the shops fault.

@YourAzureEagle

You are advocating to get someone sacked for doing his job? Someone who works long hours on the minimum wage. Nice.

Its little wonder no one wants to work these days.

oops!

Tonight I went to Lidl which I go occasionally to (I'm not a regular shopper there and prefer Tesco, but I was shopping near it and popped into get a few items)

Only on Mumsnet would someone with a dramatic account of a false shoplifting allegation take time to clarify first that, of course, they don't regularly shop in Lidl!

She was in Lid!

@YourAzureEagle

you wrote,
’Whilst technically not a profession under the old definition of such’

imagine then that I was referring to what you called ‘the old definition of such’

Every job, however lowly and unskilled, has an umbrella organisation overseeing it.

You may be right.

But there are also a number of posters, like this one, who want more than sympathy. They come across as entitled.

Let's look at the facts here as opposed to the emotion.

OP made a mistake. She's tired and dispiriting and got humiliated in public because of HER mistake. She wants an apology which is a bit princess.

The store sees numerous cases like this every day. Everyone caught claims they've made a mistake. Not everyone is telling the truth. Some even go and steal milk as a first attempt and to see if they get away with it.

The security guards may be taught to humiliate shoplifters. For serial shoplifters it's justified, for first timers it's humiliating and shaming and might persuade them not to do it again.

The proximate cause of the incident was her actions, whether accidental or not. All else arises from that.

How would you respond to a post where a tired mum drove, knocked down a kid, and got screamed at by that kids mother and arrested by the police?
This is different only in degree inasmuch as no-one, not even the OP, got hurt

The guard's conduct was totally unacceptable. Complain. He probably broke the code of conduct for his security licence. Ask Aldi if he has one and if so report him to the SIA unless Aldi profusely apologise and reassure you he will get extra training.

It was a pint of milk. Surely if you were a genuine thief, you wouldn't risk prosecution for a pint of milk? He knew it was a mistake I imagine and decided to bully a vulnerable woman with a baby.

You need to call an ambulance, that could be very damaging to your retinas. Or get someone else to, because you can't see the numbers

I would just report it to the SIA, they can pull the guys licence and that's it sorted.

You can’t reasonably be charged with shoplifting until you have left the shop although a security guard can say he thought you intended to conceal with the intent to steal there is no way of proving this until you've stepped out

So Yes I would complain as

• you were still in the shop
• he humiliated you in front of other customers
• his methods were inappropriate

I wouldn’t go back to the shop though, I’d complain to headquarters

OP, report to the SIA here

https://www.gov.uk/report-security-staff-or-companies

Thanks. This is helpful.

I would have got a basket and put it in the crook of my arm and still pushed the buggy with two hands. Or just pushed the buggy with one hand. I would normally sympathise but putting an item in a carrier bag before going through the checkout? That’s just a no no. I would have hooked the milk around a finger and carried on pushing a buggy, uncomfortable yes, but you don’t just pop stuff in carrier bags as you go round.

I’d just leave it. Complain about what? The security guard doing his job? Yes you are a knackered mum, but he thought you were stealing (kind of did!). He can’t just stop the the junkies and homeless. You’d be surprised. Nice, middle-class Mums swipe stuff deliberately too.

Whilst technically not a profession under the old definition of such, security guards do have to be registered with and licensed by the SIA, the SIA itself describes "professional standards" and "cPd".

So in this context the term professional is in correct usage.

Even if you had quite intentionally tried to steal the milk, there was no need for his ridiculous behaviour.

He could simply have asked you if you intend to pay for the milk you had in your bag.

Totally pointless tirade on his part.

If he just mentioned it and prompted you to pay you would have done, no need for all that nonsense.

As said, we can argue it’s about intent til the cows come home but it isn’t going to change what happened or make the embarrassment go away. The time for that argument is when you’re still in the store being confronted and that moment has passed. It’s not as if they are going to do anything if you start reminding them it’s about intent days after the event.

Then she has the requisite mens rea to commit theft however if you intend to pay you do not. I’m in Scotland I’m not sure if there is that mental element in other jurisdictions.

You haven't stolen anything until you've left the shop so you haven't been caught shop lifting.
I'd be complaining

@MummyJ36you say the security guard was ‘unprofessional’. Being a security guard is not a ‘profession’. It’s long hours on your feet, with not much happening a lot of the time, on the minimum wage.

The law is really clear on this in all respects.

1/. An act of theft is one with the INTENT to permanently deprive a party of their property. Until you proceed to leave a shop you still have the scope to pay and therefore proof of intent is impossible, security guards generally won't tackle an offender until they are approaching the exit for this reason.

2/. Security guards have no more, or less powers than any other member of the public, they can search you and your bags ONLY with your consent. They can detain you under the powers of citizens arrest, however they must have reasonable grounds and must call the police immediately. They can only use reasonable force in this detention.

I got a major telling off years ago from the police after a known thief was in our shop. we saw her put a £1K gold bracelet in her bag, so we locked the doors and phoned the police. I was reprimanded by the police officer, because, until she left the shop she technically hadn't stolen the goods, and technically I had wrongfully detained her. In that instance she decided not to pay for the bracelet and left it with us but was allowed to go!

If she security guard searched the OP without her consent he broke the law, and the code of his controlling body, the SIA - I would get his name and report to the SIA.

I suppose with places like that they see it all the time and don’t differentiate between someone who was a genuine shop lifter and someone who just forgot. It’s rife though now. I saw an obvious drug addict filling a rucksack up with jars of coffee in farm foods being held down by security recently. I suppose there’s nowhere else to challenge what they thought was theft in a store other than in front of other people in store. Detaining people is a very grey area and they don’t tend to take you off to a side room discreetly these days because the police aren’t going to come anyway. Hugely embarrassing but I’d just put it down as a mistake and forget it. We can argue the toss that it’s about intent but it doesn’t take the embarrassment away or change what happened whatever you do. They will probably side with the security guard anyway and say he was doing his job. They have shoplifters all the time saying but I forgot, but I have a receipt, but but but… hence why he wouldn’t listen.

Sorry this happened to you. Just an accident. He should have been respectful and listened to you.
In Australia, or where I am, Security Guards can do nothing for an actual shop lifter.
Just stand there and watch them walk out. Yes, even full shopping trolleys.