Shittu v The Home Office

Shittu v The Home Office

The trial judge was entitled to find, on the evidence, that the officers genuinely and reasonably believed it was necessary to use force to protect the child from harm, and that the force used was not excessive or disproportionate. The findings of fact and application of the law on necessity and reasonableness were open to the judge and cannot be successfully challenged on appeal.

Parties
Appellant/claimant: Veronica Shittu; Appellant/claimant: Kenny Faith Shittu (a minor suing by her litigation friend Veronica Shittu); Respondent/defendant: The Home Office
Jurisdiction
England and Wales
Judgment Date
17 November 2017
Procedural Posture
Civil Appeal / Appeal From Trial Judgment
Outcome
Appeal dismissed
Legal Topics
Assault and Battery, Use of Force by State Agents, Necessity Defence, Removal of Immigrants, Credibility of Witnesses
Tort Law Immigration Law Civil Procedure Assault and Battery Use of Force by State Agents Necessity Defence Removal of Immigrants Credibility of Witnesses

Case Brief

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Parties

Veronica Shittu

Appellant/claimant

Kenny Faith Shittu (a minor suing by her litigation friend Veronica Shittu)

Appellant/claimant

The Home Office

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Trial Judgment

Legal Issues

  1. 1 Whether the force used by immigration officers in separating a child from her mother during a removal operation constituted unlawful assault and battery
  2. 2 Whether the officers' belief in the necessity of force to protect the child was reasonable and proportionate
  3. 3 Whether the trial judge erred in his assessment of the facts and application of the law on necessity and reasonableness

Ratio Decidendi

The trial judge was entitled to find, on the evidence, that the officers genuinely and reasonably believed it was necessary to use force to protect the child from harm, and that the force used was not excessive or disproportionate. The findings of fact and application of the law on necessity and reasonableness were open to the judge and cannot be successfully challenged on appeal.

Court Disposition

Appeal dismissed