In August 2012 my client Sharon Darwin suffered a serious sexual assault at a Hotel in Preston which was recorded and investigated by officers from Lancashire Constabulary.
As part of the investigation, Sharon gave a video recorded Achieving Best Evidence interview at a secure location. Due to the prolonged nature of the assault she suffered, Sharon gave an extensive interview that lasted several hours and was a very distressing process. At no point following the ABE interview was Sharon supplied with a copy of the same.
The investigation was subsequently closed in February 2013 by the Investigating Officer. Sharon was not immediately informed as to the cessation of the investigation.
In April 2019 Sharon made a Subject Access Request in relation to the original investigation. Sharon was subsequently informed on the 19th of June 2019 that the recorded ABE interview had been lost. No information was given as to when the recording was lost or in what circumstances, nor whether it was misplaced or destroyed.
Learning that the ABE interview had been lost caused Sharon significant distress.
Sharon subsequently reported the loss of her personal information to the Information Commissioner’s Office, and after investigation the matter was recorded as a Personal Data Breach.
The Police investigation into the sexual assault was subsequently reopened and Sharon had to undergo the distress of providing another recorded ABE interview, this time several years after the event in question, owing to the loss of the original recording.
On Sharon’s behalf I brought a claim for damages against Lancashire Constabulary. Following investigation, Lancashire Constabulary agreed to pay my client substantial damages and her legal costs.
All names have been changed.
