Single parent unlawfully arrested at school settles her claim for damages

As at March 2015, my client, Lisa Smith was a single mother of 2 children, Jack who was 15 and Joe who was 14.  Both children attended their local school.

At this time, Lisa was struggling with the behaviour of her son Jack who was prone to violent outbursts.  Lisa contacted Dorset Police on a number of occasions to report these issues/her concerns and asked for assistance from the Police/Social Services.

On the afternoon of 12 March 2015, there was a further incident between Lisa and her son after which Jack left their home.  When Jack did not return, Lisa contacted Dorset Police to report events and subsequently received a telephone message from a Police Sergeant confirming that Police were looking for Jack..

Overnight, Lisa was extremely worried about Jack’s welfare and contacted Dorset Police again on the morning of 13 March for any update.  Lisa thought it best that she and Joe try to continue as normally as possible, and accordingly she got herself and Joe ready and accompanied Joe to school.

Later that morning, Lisa telephoned her children’s school and was told that Jack had attended.

Subsequently, Joe telephoned Lisa in a state of distress and in consequence, Lisa attended the school to establish what was happening.  Upon attendance, my client Lisa saw and comforted Joe and was then introduced to two Police Officers who promptly arrested Lisa on suspicion of child neglect.

Lisa was transported to Bournemouth Police Station where she was processed, searched and then detained in a cell.

Some 3 hours later, Lisa was informed that no further action was to be taken and she was to be released.

Lisa was advised that her call reporting Jack missing had been inaccurately logged but had now been located.

Lisa subsequently made a formal complaint regarding her arrest which was summarily dismissed.

Lisa pursued a claim for unlawful arrest including aggravated and exemplary damages.  In response, Dorset Police denied liability.  However, following the institution of Court proceedings, Dorset Police reconsidered their position, admitted liability and settlement terms were agreed whereby damages of £8,500 were paid, plus legal costs.

All names have been changed