My client, Hayley Cunningham, a qualified teacher suffers from Reynaud’s Syndrome and Undifferentiated Connective Tissue Disease. Her prescribed medication can cause vertigo, light-headedness and loss of blood pressure. She also suffers from chronic fatigue symptoms which can be aggravated by exertion.
On the evening of Friday 25 May 2012 Hayley and her husband went out to celebrate her birthday.
During the course of the evening Hayley had drunk two and a half glasses of champagne and two cocktails.
At the end of the evening, Hayley and her husband travelled back to Birkenhead underground station from where they planned to catch a connecting train.
On arrival, Hayley and her husband were informed that they had missed the last train, were told that the station was soon to close and therefore that they would have to make their way to the exit.
Hayley and her husband were unfamiliar with the station. Mr Cunningham opened the nearest exit door on the platform. Hayley and her husband then began to go up approximately ten flights of poorly lit stairs.
Due to Hayley’s medical conditions she experienced great difficulty climbing the stairs and became breathless, fatigued and dizzy. Towards the top of the stairs she felt compelled to stop and rest.
Meanwhile Hayley’s husband went up the final flight of stairs in order to establish where the exit would be.
Mr Cunningham returned a short time later with a uniformed male police officer of the British Transport Police who said to him, “What are you doing?”
Mr Cunningham explained that Hayley was catching her breath. The officer replied, “You’re inebriated.” The male then addressed Hayley asking “What are you doing down there? You’re inebriated as well.”
Hayley panicked. She was shocked by the officer’s hostile conduct and by his allegations. She was not drunk and had done nothing wrong.
Hayley explained that she was not inebriated, that she was catching her breath, and that her difficulties were due to her medical condition.
Hayley got to her feet and walked the final few stairs, then entering the station concourse.
The officer continued to accuse Hayley of being drunk.
Hayley began to walk towards the exit but felt weak and faint. She therefore felt obliged to stop and to lower herself to the ground to avoid any collapse.
The officer continued to be rude and abruptly stated that the station was closed and that Hayley had to leave.
By this stage Hayley’s condition had worsened. She felt completely drained and wished simply to rest. Suddenly, the officer said “She’s winding me up now, I’m arresting her” and handcuffed Hayley. This was allegedly on the basis that Hayley was ‘drunk and disorderly’ in a public place.
At no time had Hayley said or done anything disorderly.
Hayley was then escorted to Belle Vale Police Station where she was held overnight before being released with a Fixed Penalty Notice.
In Hayley’s own words –
“The easy way out would have been to simply accept the notice and pay the fine. However I was brought up with a strong conviction of what is right and wrong. My arrest was wrong. I was determined to fight.”
Six months later Hayley was exonerated by being found not guilty of drunk and disorderly behaviour, after a Trial at Liverpool Magistrates’ Court.
Hayley then lodged a formal complaint with British Transport Police but after six months of investigation the Police rejected her complaint, backing their Officers’ account of what had happened and stating that they still believed her arrest was lawful.
Hayley had in fact already contacted me about bringing a claim, but when the Professional Standards Department Report arrived she was so demoralised that she almost gave up on the case. However, I was able to persuade her to continue as I knew from the evidence I had seen that she had a strong case.
We had to fight Hayley’s case all the way to a five day Trial at Liverpool County Court in June 2017, where the Judge upheld Hayley’s claim that her arrest had been entirely unlawful and awarded her £25,000 damages plus legal costs.
The following is the kind testimony which Hayley gave me after the conclusion of her case –
“Thank you so much for believing in me, you’ll never know how much that meant. Without people like you willing to offer support to those who have been wronged, justice would not be possible. The fact that you believed in me offered me comfort and gave me the strength to challenge the inappropriate behaviour by people in power, who should be respectful, show integrity and protect. All of which were disregarded in my case causing me five years of considerable difficulties and greatly impacted upon my mental health. This not only affected me but also my family. You have now given me the opportunity to put this behind me and continue with my life from where it had stopped five years ago. I will always be forever grateful and long may you continue to ensure justice prevails for others who face similar challenges.”
Also read: Taking British Transport Police to task
