After months and months of saving up, my clients Anthony Franks and his partner Jane O’Hara were able to purchase a 3 bedroom house in Liverpool. The house was in something of a state and over a 3 month period, they had paid for renovations before finally in December 2015 moving in with their 2 children.
Unbeknown to them, a search warrant was issued by a District Judge at Liverpool Magistrates’ Court upon Police application, permitting the entry and search of the said premises for cash, betting slips and mobile phones.
One morning in January 2016, Officers of Merseyside Police set out to execute the Search Warrant.
On this occasion, both Anthony and Jane were in bed at the premises asleep. Their 2 children then aged 7 years old and 18 months were also asleep in adjoining bedrooms.
At approximately 06.59 hours, 6 uniformed Police Officers forced entry to the house.
Anthony and Jane were awoken by the noise and got out of bed.
Such was the unexpected nature of the incident, Anthony and Jane initially believed that they were the target of dangerous criminal offenders.
Following entry, the Officers proceeded upstairs and entered into Anthony and Jane’s bedroom where they were both “secured”.
Simultaneously, an Officer entered the bedroom of their 2 sons – causing immediate and immense distress to both boys.
Anthony and Jane proceeded downstairs as directed. They were given a copy of the Warrant and realised that the Officers were searching for the previous occupants of the premises. Anthony and Jane explained that they had purchased the property from the main suspect’s mother in August 2015 and that they had moved in the month before. Jane then produced documentation to confirm both her own identity that of Anthony and their ownership of the premises. After 20 minutes or so, it was apparent that the Officers accepted Anthony and Jane’s account.
Subsequently, Anthony and Jane discovered that the search at the premises and other addresses that morning was the culmination of a lengthy Police investigation spanning several months. Despite the careful planning and preparation that might be expected for such an operation, there had been a complete failure to check and confirm current occupancy of the premises.
It was clear that if proper enquiries had been made and the facts of those enquiries had been properly reported, the Police would have concluded that there was no reasonable or probable cause to apply for a Search Warrant in early January 2016. In other words, the Police had failed to carry out basic steps to verify the connection between the address and the offence and suspect under investigation. The resulting Police action which caused Anthony and Jane considerable fear and alarm was wholly unreasonable and disproportionate.
I intimated a claim against Merseyside Police. Following negotiations, the family agreed an out of Court settlement of £22,500 damages plus legal costs.
All names changed.
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