One morning in May 2015, my client Edna Morris was home alone when two Police Officers attended. At the time, she was 56 years old. She was registered disabled and had a history of both physical and mental health conditions, having experienced a number of very traumatic events in her life, including the suicides of two of her brothers within a week of each other. She lived with her friend and carer, Chris Grant, and was a person of entirely good character, never having had any adverse interactions with the Police before.
Edna invited the Officers in. She was told that she was under arrest for downloading and distributing indecent images of children. Edna was shocked. She felt sick and began to panic.
The Officers advised that they had a Warrant and began to search the premises. The Officers seized her laptop and phone and then transported Edna to the Police Station.
Edna was informed that she had been arrested on suspicion of possession and supply of indecent images of children.
Mr Grant was similarly processed and both he and Edna were then interviewed, albeit separately.
Just after lunchtime, both Edna and Chris were released on bail with conditions to reside at their home address and to have no unsupervised contact with any child under the age of 16.
Edna and Chris met up outside the Station and Chris drove Edna home. Edna decided that when Chris went to bed that night she would take an overdose of tablets to end her life.
Meanwhile, during the course of the afternoon, one of the arresting Officers had received an email from the National Crime Agency that read:-
“There has been an error in applying for communications data around the upload IP address.
The time reported is Monday 24 November 2014 at 10.10.39 – 05.00 which was converted, in error, to 05.10.39 UTC.
The subscriber results which have today been actioned relate to an innocent party and not the suspect in this case.
I apologise for this error and the inconvenience it has caused”.
Both Edna and Chris were contacted and informed that there had been a mistake and that no further action would be taken against them. Fortunately, this happened during the course of the same day. Had the error not been discovered by the Police until the following day, it might have been too late for Edna, given her suicidal intentions.
Despite the relief they felt at this vindication of their innocence, both Edna and Chris understandably suffered significant psychological trauma by reason of the incident as well as loss of liberty and the indignity of their home being searched and possessions seized.
Both Edna and Chris brought a claim against both Lancashire Constabulary and the NCA for Breach of Data Protection Act 1998, Misuse of Private Information, Trespass to Land and Goods, False Imprisonment and Assault and Battery.
Following the institution of Court proceedings, the NCA finally agreed to settle their claims with Chris recovering £17.500 and Edna recovering £25,000 plus legal fees.
Also read: wrong internet address: Police Data Errors and Arrests
