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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Tesco searching my 12 year olds bag!

71 replies

mumwithovertime · 19/07/2011 17:45

just a quick question,my daughter got stopped leaving tesco after school with her large school bag and blazer over arm,the lady searched her bag and her blazer and finding nothing let her leave,problem I have is assuming that she is allowed to search a 12 year old surely as my daughter was completely innocent the least she deserved was an apology!it's the least I would expect if they did the same to me.

OP posts:
kingbeat23 · 19/07/2011 19:03

If there is reasonable cause to think that your daughter had concealed an item and intended to leave the store without paying for said item, then, yes Tesco are within thier right to stop and search your DDs bag and jacket. As the guard/employee was a female and so was your child there was no need to have another member of staff present.

They could have taken your DD to a place that wasn't visible to ensure prying eyes didn't rubberneck the whole fiasco, but they didn't. They could have apologised, but they didn't. They didn't have to do those, but it might have been nice to do so.

YANBU to expect an apology

onagar · 19/07/2011 19:04

Just because they always do it and it suits them to do it that way doesn't make it right or legal.

They should have called the police if they felt they had reasonable grounds. They didn't because it's only kids and kids don't have rights.

Muckyhighchair · 19/07/2011 19:29

My DP is head of loss prevention in a large chain of stores.

Just asked him what the gaurd should of done

Without any evience of her taking her anything, nothing. The guard has to see
Selection of a product
Conselment (? Hiding)
Taking the product out of the store/ or strongly going to ie. Walking towards the doors
And they must have proof ie cctv.

If they break any of these rules esp the first one then it could be be a sackable offence, at least a written warning.

I would complain heavily to tescos. And ask to the grounds on which she was stopped, you can do this!

At the end of the you are inorsent until proven guilty.

I dont think they have any grounds to stop her, which should of been a police officer due to age. And parents called before a seach. A big fat no no the way she was stopped.

Did they seach her on the shop floor or take her to a back room, as you shouldnt be seached on the floor either

AmazingBouncingFerret · 19/07/2011 19:34

What Mucky said. You can't stop someone until you see Concealment and intent to leave store.

thederkinsdame · 19/07/2011 20:57

When I was younger I was accosted by a male plain clothes detective. I was aware I was being followed by some odd aguy in a mac and he had given me the creeps, but I didn't realise he was a store detective. he was unsettling me so much that I just wanted to get what I'd come in for and shake him off. In the end, although I looked at several things, I left without buying anything.

Even so, he stopped me on the way out and loudly accused me of shoplifting, but didn't ask me to go back into the store. Of course, to many of the people who were walking past and heard it, they would have no idea I had done nothing wrong, so in my eyes he had slandered me. He had no evidence at all of any wrongdoing. I challenged him as to his evidence - what were his suspicions and what were his grounds for stopping me. He shrugged and went back inside, no apology or anything.

I went postal, and eventually, after me louldy pointing out the procedures store detectives should follow, I eventually got an apology from the manager and head office.

Original poster
mumwithovertime · 25/08/2011 12:16

Quick update,after my husband visited the store on 2 occasions the manager agrees with us,apology to follow and staff retraining,my daughter has been promised gift vouchers to compensate!
One of the comments I found odd was the comparison to having bags searched at a museum,this is not the same as everyone is treated the same and we all know it will happen!my daughter was singled out and treated as guilty,in a museum everyone knows it is a precaution not an accusation,
Thanks for all supportive comments,when something is done which is wrong we shouldn't make excuses for it.

OP posts:
frownieface · 25/08/2011 12:43

Er security guards have absolutely no power to search anyone, or hold anyone unless there is absolute proof that a theft has happened (and that is only to hold someone in a clean room until the police arrive). If this person 'searching' your dd's bag physically went through it, they had no power to, only the police have the power to search someone, and because your dd is only 12 would have to have parent/guardian present.

Seriously go postal at Tesco this is not on.

Honeypie80 · 25/08/2011 13:01

If you check on the daily mail website (yes i know its crap but i read the showbizzy bits) there is a woman saying the same thing as this, she was smelling shampoo with her 2 young children, once she'd paid for all her shopping she was marched through the store and searched infront of her 2 crying kids, labelled a shoplifter of shampoo of all things.

I personally hate tesco so am glad to see more hate stories about them, they treat customers like morons and as theyre currently trying to take over every bit of the high street as possible, i hate them even more!!

chill1243 · 25/08/2011 13:58

On the face of it, it needs looking into.

atosilis · 25/08/2011 14:08

I didn't read the title properly, thought this was about a 12 yr old bag and wondered if Tesco had introduced a policy regarding the age of your bag.

Laquitar · 25/08/2011 14:09

I thought they can search if they suspect something Confused

Do you really get gift vouchers if proven non guilty?

SardineQueen · 25/08/2011 14:23

They got gift vouchers as they didn't follow their own procedures and handled the situation incorrectly, laquitar.

I also think you did the right thing OP. It is potentially very scary for a 12yo to be stopped, accused and searched like that. I would be a bit taken aback if it happened now, at 12 I would have been very upset I think.

YoungishBag · 25/08/2011 14:23

If you have not stolen anything and do not wish your bag to be searched or to be detained you can simply walk off and tell the security guard they have made a mistake. Unless there are signs up as you enter a store saying that you can be searched - entering the store then implies that you accept the conditions of entry.

If they then (foolishly) try to detain you by compulsion or force then you are allowed to resist reasonably. If they then perform a (citizens) arrest on you until an officer turns up then you can of course sue them for unlawful detention.

They need to actually see you conceal something with the intent to deprive the store of goods before they would be stupid enough to detain or arrest you.

MoominsAreScary · 25/08/2011 14:39

What would they have done if they had found unopened crisps/ chocolate in her bag? Acused her of stealing them? I don't think they should search children without police/parent there.

Original poster
mumwithovertime · 25/08/2011 18:12

We also thought about food already in the bag,as she had been at school she could easily have had unopened food or drink in her bag,grateful my husband has worked in retail in the past so knows what can be done.

OP posts:
caughtinanet · 25/08/2011 18:26

I think honeypie is right - Tesco have had a really bad press today

www.dailymail.co.uk/femail/article-2029808/Tesco-branded-shoplifter--happen-YOU.html

and I'm sure I've read another similar thread in the last week or so.

ThePosieParker · 25/08/2011 23:30

I can't imagine an adult in a shop would be allowed to search a minor.

Original poster
mumwithovertime · 02/09/2011 12:22

My daughter returned to tesco with her dad,they apologised and gave her £5,they said they lost our original complaint and so did not know who was responsible,glad to say we don't use tesco much!

OP posts:
Birdsgottafly · 02/09/2011 12:34

It was worth complaining about, so that they could get their procedures clear, in everyone's mind.

The guard would be open to accusation, if they searched your DD without another staff member present, and really they shouldn't do that, if they are SIA badged.

They can ask you to step into a room, but you don't have to and you will be barred from the chain of stores, if you don't. If they are part of 'Stop theif', you would be barred from every shop that participates, in the area.

I suppose what was done was easier than phoning you or the police. You should have had an explaination as to why they thought she was shoplifting.

TheMonster · 02/09/2011 12:39

£5? That's awful.

Pendeen · 02/09/2011 13:13

mumwithovertime

I can't see anywhere in the thread if you had said if the lady / guard / store detective / whatever asked to search your DD's bag and blazer?

carpwidow · 02/09/2011 13:23

I have had a similar experience with TESCO and the heavy-handed approach they adopted when my 18 year old son attempted to buy just SIX cans of lager to take to a BBQ which his friend's family had arranged as an A level results celebration. He had his driving licence with him, was accused of forging this ID and selling alcohol on to minors. Appalling.

OhdearNigel · 02/09/2011 13:30

"For example do you go to museums or sporting events or places like that? As you enter the building / venue a security guard will always view what is in your bag. I've encountered that plenty of times here. In that case it's checking what you take in obviously, but the premise is the same they are checking because anyone really could be breaking the rules"

There is no legal power for them to do this. The only way that they are able to essentially make bag checks compulsory is that they refuse you entrance if you will not sumbit to your bag being searched.

This is NOT the same as the OPs daughter's situation. If Tesco said "every shopper must submit to their bag being searched as a condition of being allowed to enter our store" they would be able to do so.

The only person that has a legal right to search your bag, without your consent, is a police officer under the powers of stop and search or s32 PACE.

weblette · 02/09/2011 13:39

Hmmm so if they've 'lost the complaint' does that mean no action/retraining has taken place with the guard in question?
I'd be taking a complaint to Head Office tbh.
£5 is just insulting.

tyra · 11/11/2014 16:21

Sorry to hear
Will call at 430 5

Sent from my iPhone

On 11 Nov 2014, at 15:07, [email address removed by MNHQ] wrote:

This happened today... Sent an email to head office...

Sent from my iPhone

Begin forwarded message:
Hi All,

I havd been through this experience and have sent the following email to tesco head office:

Dear Terry,

I am so shaken by my shopping experience in Tesco Amersham today ( 12 - 1:30 pm)
I shop at this store regularly after school drop off and use the scanner to shop as its faster...
I started as usual and was going about my work and suddenly I spotted a young man in his 20's wearing a leather jacket at first he seemed like a shopper,then I started to realise he is following me everywhere... Thought it can't be possible, then I walked about into Aisles I never wanted to go....to see if he was following..

I went to the pharmacy and was talking the pharmacist and spotted the mystery man in the bakery behind me,he was quite casually following me... I grew nervous and told the pharmacist that the man in black leather jacket is following me everywhere, the pharmacist replied "please carry on with your shopping and if you think he is a
trouble,comeback to the pharmacy and I will call the security"

I hurriedly checked out and was trying to load the car and I saw this man approaching ..... I was so scared at this point ....
Thoughts like what if he is armed ...I was helpless because my phone was out of charge...
The man came up to me an said ; Mam,I am store detective and I think you have not paid for something....
I said : you have been following me everywhere I will talk to the store Manager...not you... I went back to the pharmacy and told the pharmacist that this man says he is a store detective!!
The Manager came along, I told him: "I am scared, this man has been following me everywhere and says I have not paid ... Here is the bill"

Manager said "he is suppose to be under cover he is a store detective"

The manger checked my bill and the trolley which had £57 worth of goods he found that I had not paid for the £3.35 Fish!!!! Kudooos !!!

Honestly was a big mistake... Did not even occur to me.. I missed it as I found the odd experience of someone following at the fish counter... my mind was struggling with the thought that someone is following !!!

I told the Manager I don't want the Fish!!! I will leave...

After a terrifying experience of stalking and proving me to be shoplifter !! I may not come back to Tesco.

I request you to review the way your store detectives work / dress and if the scanner system is causing you problems put an end to it.... Or have the Tesco uniformed people cross check the shopping trolley at the end of shopping.

I certainly think that this is not the way to do your job!!you don't have people following you all around and scare you... Be intrusive!!! Understand the fact that he is a detective but he could be in shirt and tie not dressed in leather jacket... Description fit for a criminal.
Do the job more discreetly and not follow to the car park and say I have not paid for something!!!!

I have been humiliated...

Regards,
Tyra

Sent from my iPhone