Father's fury after he is held in cells for smacking his seven-year-old son



Mark Frearson with his seven-year-old son Harry. He said the police's reaction was 'massively over-the-top'

A father is demanding an apology from police after he spent a night in a cell for smacking his son.

Mark Frearson, 47, was arrested on suspicion of assault after he slapped his seven-year-old son Harry on the back of the legs.

Mr Frearson, a company director, punished his child for leaving his side and wandering off on his own in the dark.

A witness called the police and three hours after the incident, four police officers and a specialist child support officer arrived at Mr Frearson's home in Plymouth, Devon, to question him and examine Harry for bruises.

They then drove the boy away in a police car and took his father to the station where they locked him up in a cell overnight.

Mr Frearson later found out that he should have been questioned immediately but was locked up because the 'witness' was 'in no fit state' to be interviewed.

He spent 12 hours in the cell but was released the next morning after the complainant withdrew the allegation.

Mr Frearson, a director of a parcel company, has now demanded an apology from police, claiming their response to the complaint was 'massively over-the-top'.

He said: 'I appreciate the police's concern but even if they felt they had to take Harry I am still angry and bewildered at the events.

'They seemed far too ready to presume me guilty and then cause distress to my son by taking him from me.

'I don't understand why they felt it necessary to arrest me and lock me up before interviewing me or the witness.

'My son found himself being searched by police officer which was traumatic enough and then they took him away in a police car.'

The incident happened at 6pm one evening last month while Harry, who usually lives with his mother Kate, 33, was staying with his father during the half-term holiday.

They went to a local supermarket but the youngster wandered out of a shop on his own while his dad's back was turned.

A frantic Mr Frearson found him ten minutes later in a nearby park where he smacked him once and told him never to wander off by himself.

Mr Frearson explained: 'He just disappeared from the shop. After ten minutes walking up and down the aisles I left, to find my him outside in the dark.

A spokesman for The Parent Organization said: 'This is a classic case of police over-reacting to one complaint from some do-gooder who interfered without knowing the full picture. (Posed by models)

'I was relieved but also angry. I called him to me and smacked his bottom for leaving me, telling him never to do it again.'

A member of the public reported the smacking to police who later arrived at Mr Pearson's home.

He recalled: 'There was a knock at the door and police officers asked if they could come in and could I confirm the car outside was mine, which I did.

'They then informed me they had received a report from a member of the public that a child had been assaulted.

'I told them the story of my son running off and that I had smacked him.

'They asked my son what had happened and he said 'Dad smacked me for being outside the shop'.

'The police then examined my son for any marks and there weren't any as he had a only a smack.'

Mr Frearson said the officers examined his son by asking him to strip down to his underwear.

He said: 'They asked him to take of his shirt and trousers and looked over his body including his torso and legs.

'He's a very shy boy and it was must have been very scary for him.

'One minute he was watching Cartoon Network and the next he was stripping in front of a policeman.

'They were clearly looking for marks but there weren't any because he'd only had a smacked bum.'

Harry Frearson's mother yesterday described the boy's arrest as 'outrageous'.

Kate Frearson said of her ex-husband: 'Mark would never hurt Harry.

'He is a really good father and sees his son whenever he can.

'Harry dotes on his dad and Mark dotes on him. I told police there was no chance Mark would ever harm him.

'Poor Harry was white as a sheet when the police turned up with him - absolutely terrified. He couldn't understand why they had taken him away from his dad.'

Following the search, two other officers arrived at his three-bedroom semi-detached house with a female civilian - believed to be a child protection officer.

Harry was examined and then taken to his mother's home while his father arrested and taken to Charles Cross police station where he spent the night before being released without charge at 10am.

He said: 'After an hour in a cold cell I was told I would be staying the night as the 'witness' was not fit to make a statement that night.

'After a cold and miserable night I was interviewed at 10am.

'The first words said to me were, "the witness has changed his statement". The witness had originally alleged I was kicking my son to the floor.

'My ex-wife told them the same night that the allegation was ridiculous but they proceeded regardless with their over- the-top reaction.'

Mr Frearson has now made a formal complaint to the Independent Police Complaints Commission.

He said: 'I want to know why the witness isn't being arrested for wasting police time - and mine. Where is my apology? I have not received one.'

It is understood the police were initially told a child had been kicked, thrown to the ground and bundled into a car.

A police source said officers often delay any interviews after arrests made in 'unsociable hours'.

A Devon and Cornwall Police spokesman said that because a formal complaint had been made they could not comment on the incident.

A spokesman for The Parent Organization, a pressure group which aims to 'champion the rights of parents', said: 'This is a classic case of police over-reacting to one complaint from some do-gooder who interfered without knowing the full picture.

'This level of over-reaction could have traumatised the child and left a father who cares for his son criminalised for behaving as any reasonable parent might have behaved.'

Until four years ago, parents had full rights to use corporal punishment under laws allowing ' reasonable chastisement'.

Since the 2004 Children Act it has only been legal to smack if there is no injury, which can be as slight as a bruise or 'psychological harm'.

Last month the government was forced to quash a rebellion from backbenchers who

wanted to give youngsters the same protection against assault as adults.

The amendment, led by Labour's Kevin Barron, called for 'the common law rules permitting the use of force for the purpose of punishing a child' to be abolished.

MPs also voted on the issue in 2004, when 47 Labour members rebelled and voted unsuccessfully for a ban.



