On the morning of 20 January 2018, my client Hannah’s 12 month old son Dharma was bitten by the family’s pet beagle.
Although the bite was not severe, Hannah was understandably very distressed and protective of her young son; she immediately washed the wound out and then she and her partner Craig, Dharma’s father, drove Dharma to their local hospital.
The treating hospital nurse made a statement later that day in which he recorded that on examination: “there was no evidence of any severe damage and (the injuries) appeared more consistent with a dog having a quick ‘nip’ and release”. The nurse had: “no immediate concerns for the child (who)…looked well looked after and healthy and the parents seemed genuinely concerned and as far as I could tell it appeared an innocent accident”.
Upon leaving the hospital, Hannah telephoned a Veterinary practice and arranged for the dog to be immediately euthanized. Meanwhile the nurse at the hospital phoned West Mercia Police to report Craig’s aggressive behaviour, in the context of concern for Dharma’s welfare.
One of the Officers tasked to attend later made a statement, recording that he and other Officers were directed to: “conduct a safe and well check on the child and also to ensure that the dog was removed from the house…The matter involving the dog bite needed to be investigated but providing that the child was considered to be safe and well and that the dog was no longer at the address, this matter could be dealt with in slow-time on another occasion”.
At approximately 16.20 that afternoon, four Officers of West Mercia Police attended my clients’ home and asked to come in. Hannah refused entry because of a previous unwelcome incident involving Officers.
One of the Officers advised that they had attended: “to make sure Dharma is okay”. Hannah explained the circumstances of the earlier incident, that she had immediately sought medical treatment for her son, that she had taken the dog to the Vets that afternoon and had the dog put to sleep, and that her son was safe.
Hannah now returned inside her home, shutting the inner door behind her, leaving the Officers at the outer porch.
Another Officer then telephoned the Vet who confirmed that the family’s dog had been euthanized and this information was then relayed to all Officers present.
Hannah, inside the house, then received a telephone call from DS Thomas. DS Thomas demanded that, although Hannah had taken appropriate action as regards medical attention for Dharma and putting the dog down, she must nevertheless allow the Officers entry into her home, otherwise Dharma would be taken into care. Hannah refused – but did explain that she was willing to speak to an officer on her driveway, if the other Officers present left or speak to officers the next day once she and Craig had got over events.
Four other Officers now arrived and notwithstanding the circumstances, it was decided that forcible entry would be made into Hannah and Craig’s home, purportedly under Section 17 of the Police and Criminal Evidence Act (PACE).
Officers now gained entry into the house via an unlocked back patio door.
Having entered the house, PS Ainsworth unholstered his taser, shouting “Taser”, and then pointed his taser gun towards Hannah and Craig but also – in effect – Dharma who at that point was being cradled in his mother’s arms.
Hannah told the Officers to “leave” but the Officers refused, with one Officer surging forward and grabbing Hannah’s right arm, forcing it behind her back. Hannah protested “Get off me” to which the Officer shouted “assault” and a second Officer then stated “You’re under arrest for assault”.
Dharma was forcibly taken from Hannah who was then violently taken to the ground by the Officers and handcuffed to the rear. She was then transported to Hereford Police Station.
Following process, Hannah was then further arrested for being the owner in charge of a dog dangerously out of control causing injury and child neglect. Following interview, Hannah was released. She was subsequently summonsed to attend Hereford Magistrates’ Court for “assaulting a Police Officer” only. At trial, 5 months later the case against her was completely dismissed.
In response to the claim, West Mercia Police admitted liability for trespass, wrongful arrest and assault but denied malicious prosecution/misfeasance in public office.
Following the institution of Court proceedings, West Mercia Police agreed to pay Hannah £20,000 damages plus costs.
Read more: A Police Hell–fare Visit
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