Wrongful arrest due to administrative error remains a serious and under-reported problem within the criminal justice system. In this blog post, I explain how something as simple—and avoidable—as a postal summons being sent to the wrong address can lead to an entirely innocent person being arrested. As a solicitor specialising in wrongful arrest and police misconduct claims, I highlight why accurate postal delivery of court documents is not a minor procedural issue, but a fundamental safeguard of personal liberty and due process.
The case concerns my client Gaynor, who was wrongly arrested after police acted on a court summons that had been sent to an incorrect address. Despite her immediate protestations of innocence, she was searched, detained and taken to court cells, where she remained for several hours before the error was finally acknowledged. The experience was particularly distressing given the serious intrusion into her home, dignity and private life.
In the final section of the blog, I explain how I secured £12,000 compensation plus costs for Gaynor, after rejecting the police’s initial attempts to under-settle the claim. I outline why compensation for wrongful arrest is not assessed purely by the length of detention, but also by psychological harm arising from vulnerability and humiliation. This case stands as a clear warning that “admin accidents” by the police and courts can have devastating consequences—and as reassurance that with robust legal representation, victims of wrongful arrest can hold public authorities to account and obtain meaningful redress.
Content Authenticity Statement
100% of this week’s blog post was generated by me, the human.
Wrongful Arrest Caused by Court Summons Sent to the Wrong Address
At this time of year, thoughts often turn to the importance of correct postal delivery – of purchases, presents, correspondence and cards reaching their correct destinations in time for Christmas. Whilst other countries, in this increasingly electronic age, are beginning to end their national postal services for letters, the Royal Mail remains an important artery of communication in our society – and never more crucial than when the messages it is conveying relate to criminal justice matters.
As a solicitor with decades of experience in claims for wrongful arrest and false imprisonment, I know how crucial it is for the Police to have systems in place to ensure that letters conveying Court summons are sent to the correct address – and how frequently basic human error allows the ‘wrong address’ to slip through the net, and a person to be subject to the ordeal of arrest through no fault of their own.
Case Study: Wrongfully Arrested After a Court Summons Was Sent to the Wrong Address
My client Gaynor lives at Number 25 Christmas Close in Barnsley.One morning in April 2024 she was awoken by the sound of Police Officers banging loudly on her front door. Dressed in her pyjamas, Gaynor answered the door and allowed the officers in – having no idea what they were there for. Within seconds, she was informed that she was under arrest for failing to attend court.
Gaynor’s pleas that she knew nothing about any court summons were ignored; her phone was seized, she was searched and then allowed to dress before being taken straight to Doncaster Magistrates Court, where she was detained in the Court cells.
After several miserable and confusing hours in the cells, Gaynor, who has mobility problems and uses a walking stick, was made to walk up two flights of stairs from the cells into the Court room, with difficulty and discomfort – only to be told that it was all a mistake: the Court Summons had been sent to an incorrect address (23 Christmas Close) and it was accepted that Gaynor had known nothing about it. She was released – 20 miles from home – her liberty restored, but understandably incensed by what had been done to her.
Why the Arrest Was Unlawful: Failures Before and After the Arrest
I accepted instructions to act on behalf of Gaynor on a no win, no fee basis. It was clear to me that fault lay with the Police twice over – in the issuing of the original letter to the wrong address, and then failing to do due diligence before intruding into Gaynor’s life and arresting her, i.e by first checking that the letter on which they were relying for the arrest had indeed been correctly posted.
Liability for Detention in Court Cells Following a Wrongful Arrest
In response to the letter of claim which I submitted on behalf of Gaynor, South Yorkshire Police quickly admitted liability – but that is, however, only half of the battle. What is crucial is to ensure that an appropriate amount of compensation is paid to the victim of a wrongful arrest: too many Police Forces try to under-settle such claims, and too many lawyers let them get away with it. Indeed, in this case the initial offer which the Police made was a paltry £1,000. I had absolutely no hesitation in advising Gaynor to reject this. Even when the Police subsequently increased their offer of damages to £5,000, I knew it was far from enough.
How Compensation for Wrongful Arrest Is Properly Assessed
My promise to my clients is that big or small, I will always fight their claims to the last penny of appropriate compensation.
As I have written about before, the duration of a person’s loss of liberty is not the only measure of the impact a wrongful arrest has upon their lives. Gaynor may ‘only’ have been detained for 3- 4 hours, but she had suffered a violation of her home and the humiliation of being ‘pat down’ searched – which are injuries to the mind, if not to the body. Respect for our personal integrity and the sanctity of our homes is enshrined in both the English Common Law and the European Convention on Human Rights (ECHR).
The Police sought to minimise the amount of damages they had to pay to my client by arguing that they were not liable for the duration of time she spent in the Court cells: I strongly pushed back against their argument. Had Gaynor received the postal requisition correctly, she would have attended Court freely at the appointed time, and would not have been banished to the ‘cell block.’ That detention flowed directly from the Police’s error, even if they were not the ones actively detaining her at that time.
I was also able to pursue on Gaynor’s behalf a claim for breach of the Data Protection Act by the Police (given that they had sent her Summons to another person’s address) which would entitle her to additional damages, and I commissioned a report from an expert psychologist to provide evidence of the impact of the whole incident upon Gaynor’s mental health.
Finally, I also set out a detailed case for aggravated damages on the following basis –
- The treatment that Gaynor received was a gross affront to her personal dignity and liberty. Not only was the original letter mistakenly sent to her next door neighbour, but she was acutely conscious that her neighbours generally would have witnessed her being taken away under arrest – and perhaps assumed that there was no smoke without fire.
- My client was vulnerable and was caused additional suffering due to her physical/mobility limitations.
- She experienced the degradation of being imprisoned in a cell; as a person of entirely good character, this incarceration was entirely alien to her.
- Had the Court not noticed the police’s error, Gaynor could have been wrongly convicted of an offence that she did not commit (failing to attend Court) a thought which haunted her afterwards, and caused her significant distress and anxiety.
Outcome
I am pleased to confirm that I and my team, including solicitor Alex Nelmes, have recently settled Gaynor’s wrongful arrest claim for £12,000, plus legal costs.
Sadly, postal errors like this are going to continue to occur, and if they happen to you, contact me for the best representation and advice. No one’s liberty should be at the mercy of such “admin accidents.”
(NB My client’s address has been changed – but you might have spotted that!)
Client Testimonial About Iain Gould, Actions Against the Police Solicitor
I will leave you with the words of the review which Gaynor kindly wrote at the conclusion of her case, but before I go – let me wish all readers of this blog all the very best for the festive period: and I hope all your letters to Santa reached their destination!
“Brilliant firm
Court summons sent to wrong address, police turned up approximately 09 30 arrested me transported me to Doncaster police station where I was detained for about 3 hours before appearing in Doncaster crown court, After viewing all CCTV footage the judge decided there was no case to answer and I was released without charge 20 miles from home, prior this i attempted to contact the investigating officer for almost 4 months with no response, I have never been in trouble nor have a conviction of any sort the whole episode was extremely traumatic, I am also registered disabled and had my partner (who works nights) not been at home I don’t know what I would have done. Thanks again lain for everything you have done and Alex as well.”
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Contact the Expert Police Misconduct Solicitor
Iain Gould is a solicitor specialising in complaints, claims and civil actions against the Police. With over 30 years of experience and a national reputation, he has successfully sued all 43 police forces in England and Wales challenging abuse of power and securing rightful compensation.
If you believe you may have been the victim of Police misconduct, please contact Iain Gould here for advice.
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