Police officers set to launch legal claim after Bonfire Night hearing loss

A number of Scottish police officers are preparing to launch a legal action after sustaining hearing damage during Bonfire Night disturbances.

May 7, 2024
By Paul Jacques
Picture: Police Scotland

The Scottish Police Federation (SPF) says it is working with around 20 of those affected and has sought legal advice from a personal injury solicitor on their behalf.

Police Scotland officers were subjected to “unprecedented” levels of violence in Edinburgh last November, with fireworks and petrol bombs launched at them in the capital’s Niddrie area.

At least eight were injured during the ugly scenes, but 1919 Magazine reveals that 34 officers have reported hearing issues after being targeted with fireworks.

The officers are claiming Police Scotland “failed to provide adequate ear protection”.

The force confirmed that issues with hearing had been reported – but said it was unaware of formal legal proceedings at this stage.

Gordon Forsyth, the SPF’s health and safety assistant to the general secretary, told 1919 Magazine: “The cops were exposed to two to three hours of constant barrage of fireworks.

“They’re still experiencing problems. Some of them may recover, but it’s likely for a few of them it will be a permanent problem, particularly the tinnitus.

“There are some who have come back to light duties – they’re probably the worst affected. For a few of them it’s quite significant.”

Assistant Chief Constable Tim Mairs, Gold commander for Operation Moonbeam, Police Scotland’s nationwide annual response in the lead up to Bonfire Night, said: “The safety of our officers and staff is our number one priority and we are committed to protecting our personnel from injury and harm while on duty.

“Prior to Operation Moonbeam 2023, Police Scotland purchased new noise-cancelling ear defenders, which are designed to protect our officers’ hearing without compromising their ability to hear routine sounds or conversations in a noisy environment.

“These had not been public order tested in time for use during the operation, but have since been provided to officers deployed for policing the Hogmanay street party, sporting events and other major operations.

“In total, 34 officers, who dealt with the unprecedented levels of violence and disorder experienced during last year’s Bonfire Night period, reported some issues with their hearing after being targeted by fireworks and these officers continue to be supported.

“A full rollout of new noise defenders is currently underway for all police officers.”

Despite new laws being introduced to ban fireworks in problem areas, 1919 Magazine says only one council in Scotland has so far put firm plans in place.

Firework control zones (FCZs) were legislated for last summer, but local authorities did not have time to implement the recommended four-month consultation period in time for Bonfire Night.

So far, only Glasgow City Council has announced a formal process, to which community submissions for FCZs must be submitted by next month, said 1919 Magazine.

And while council leaders in Edinburgh and Dundee – two cities which endured “carnage on the streets in the past two years” – have spoken positively about FCZs, no firm plans have yet been launched, it added.

On the issue of FCZs, a spokesperson for Glasgow City Council said: “FCZs are part of a suite of measures to tackle firework issues and full details are now available to view on our website.

“FCZs will be enforced by Police Scotland and the council will oversee the process of designating zones in Glasgow in partnership with police and Scottish Fire and Rescue.”

A Scottish government spokesperson added: “We are aware of a number of local authorities who are considering this.

“The Scottish government has provided local authorities with the powers to designate firework control zones within their boundaries, and we continue to provide funding for local authorities who are considering this.”

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