Kent Police conceded in judicial review proceedings that two 11-year old children and a peaceful adult protestor were unlawfully stopped and searched when attending the ‘Climate Camp’ environmental protest at Kingsnorth, Kent in August 2008 – the proposed site for Britain’s first coal-fired power station in 30 years.
In R(W) v Chief Constable of Kent Police the searches were agreed to be unlawful in domestic law and also to have violated the claimants’ Article 8, 10 and 11 rights. The claimants received human rights damages and damages for assault and battery to the person. Kent Police also apologised to the claimants and are required to write to all police forces explaining what happened to ensure that protesters are not unlawfully stopped and searched in future.
A total of 8,218 persons were stopped and searched during the 10-day Climate Camp. The policing operation involved 1,400 officers from 26 police forces.
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Alex Bailin QC represented all the claimants, instructed by John Halford of Bindmans LLP.