Daughter detained for suspected shoplifting

[JJOHN]

A few weeks ago my 13 year old daughter and friend were searched and taken to a back room for half an hour because the shop manager suspected them of shoplifting. There was absolutely no evidence other than the manager thought my daughter was someone else. Do you think its legal to detain 13 year olds without any evidence at all (they were not and had no intention of shoplifting). I have complained twice but have not heard anything back at all. The shop was New Look.

The fact they were not shoplifting does not necessarily mean there was no evidence. There is nothing inherently wrong with the manager arresting someone they reasonably suspect of theft when there are no police officers available to make the arrest. However, depending on the facts your daughter and her friend may have a case for unlawful arrest and/or false imprisonment.

I don't think a shop manager has anymore right than a member of the public to detain anyone. So yes I think they may be on thin ice.

The problem is I'm guessing the manager intimidated them to stay but didnt physically force them? So he/she will say if they insisted on leaving he wouldn't have stopped them.

When I did shop work I was told I had to be 100% positive someone had taken something as if someone was wrongly stopped they could sue.

I don't think a shop manager has anymore right than a member of the public to detain anyone

Anyone can carry out a citizen's arrest if someone is committing an indictable offence such as theft or if they reasonably suspect someone of committing such an offence.

If someone aged 13 is the subject of a citizen's arrest then surely they have to either call police or parents not just hold them in a room and search them and question them?

Yes but she wasn't carrying out an offence.

A police officer could stop someone on suspicion and if it turned out they'd done nothing wrong the person would be sent on their way and there's no come back on the police as they're doing their job.

A member of the public/shop worker does this and they're in the shit when it turns out the person hasn't committed an offence.

I would want to know what the search involved and by whom it was carried out.

I am a nurse and I wouldn't lay a hand on a 13 year old, even to give necessary treatment, without their/their parent's consent , it is assault.

I would write to head office and ask for their policy re detaining shop lifters first. It is very thin ice to detain people esp children and not contact the police or their parents. Even if police did this they would contact parents and write extensive notes about their reasoning to detain the children. Ultimately they have falsely imprisoned your daughter if they have not fully justified their actions - which I doubt they have. You could try complaining again or consult a lawyer.

Thanks for your replies. Their bags were searched when they were in the changing rooms and nothing found, the manager even pulled at the top my daughter was wearing at the time and asked if she was going to buy it. She had bought it several weeks before hand! She then let them go and when they were going down the stairs she approached them again saying she was not happy and asked them to go with her to a room where there was another adult. They did not actually know why they were there and were too worried to even really talk to each other in front of the other person. My daughters friend even thought at one point that Ant and Dec were going to jump out and surprise them. The manager kept saying to my daughter that she had been in the previous week even though my daughter told her she had not. She then went on to tell me the same thing when I phoned. I told here she had not been in and then she went on to tell my husband who went into the shop later on. She just didn't believe us and thought she was someone else. She told me she was not accusing them of shoplifting or she would have called the police. Both girls are still very upset by the whole affair and worried now about going into shops which they have only just started to do with no adult. Think she was way out of order and do not want her to treat any one else the same.

Blimey, not sure of legal status, but i would be contacting head office about managers behaviour

That is completely inappropriate behaviour.
I would be informing the police and writing to head office.

Totally unacceptable behaviour from the manager. She finds no evidence of shoplifting but keeps up with the accusations.

I would contact head office as kilmuir said. I would have been mortified by this at any age, let alone 13.

Yes but she wasn't carrying out an offence

A citizen's arrest only requires reasonable suspicion. The fact that the person arrested was not actually carrying out an offence does not make the arrest illegal.

But now we have a full description from the OP's daughter's point of view this does sound seriously over the top. I would certainly contact head office and complain.

Thanks all, I have emailed twice and spoken to customer services. Nothing! Just wanted to make sure I wasn't over reacting. Going to get policy on shoplifting and then write another letter.

Have you gone to the store in person to speak to the manager? Not in a confrontational way, but just to say you are making a complaint and would like her version of events? You will be able to get a feel of how reasonable she is by he way she speaks to you etc.either way she should br prepared to look you in the eye and explain her actions. Be calm and factual..it bet she wets herself though

I phoned and spoke to her, I was so furious that I didn't trust myself to be calm. I was calm on the phone and listened to her and she kept telling me that my daughter had been in the previous week even though we had said she hadn't. She said she was not accusing them and kept telling me how they have a terrible time with young girls stealing things. My husband went in later and spoke to her 'calmly' she also told him about my daughter being in before and when he told her she most definitely had not been in she said that my daughter had a dead ringer. No apology or acceptance that she had made a mistake, just doing her job sort of thing. The more I think about it the more furious I get!