R (on the application of Castle and others) v Commissioner of Police for the Metropolis [2011] EWHC 2317 (Admin), [2011] All ER (D) 34 (Sep)
Queen’s Bench Division, Administrative Court (London), Pitchford LJ and Supperstone J, 8 Sept 2011
The Divisional Court has ruled that the Metropolitan Police’s containment of children during a public demonstration was not been in breach of the force’s duty under s 11 of the Children Act 2004 or any public law duties.
Martin Westgate QC and Ruth Brander (instructed by Bhatt Murphy) for the claimants.
Ivan Hare (instructed by the Metropolitan Police Service) for the defendant.
In November 2010, the defendant police commissioner received notification of a public procession and applications in respect of demonstrations contributing towards a “national student walk out” on 24 November (the event). The defendant’s senior police officers who were responsible for policing major events, were designated as gold, silver or bronze commander depending on their role. On 23 November, the silver commander who was to be in tactical command of the event, CSJ, held an intelligence briefing.
