By Jeremy Sirrell, 17th November 2025
Hertfordshire Police have paid out £20,000 in damages to a couple who were unlawfully arrested following complaints made by them concerning their daughter’s primary school.
This is a case with which many people may be familiar, this having been reported at the time as an example of what is seen to be a crack-down on free speech in Britain.
The story is certainly an extraordinary one, involving what appears to be on the face of it, perfectly proper complaints by a couple concerning matters at their daughter’s primary school.
Following some form of complaint from the school, it appears the police went to the couple’s home. Many would view the response as excessive, since six police vehicles were used and the couple were arrested in front of their children. No charges were ever brought.
Hertfordshire police accepted liability and have paid substantial damages and legal costs.
It seems likely that the finding was predicated upon two elements. Firstly, the legal test around the necessity of arrest had not been met in this particular instance.
It is not enough for the police to suspect an offence has been committed by a particular individual to enable that individual to be arrested. The police must also go on to consider that it is necessary in the circumstances for that person to be subject to arrest.
Usually, the reason given by the police is to ensure a prompt questioning and/or to secure evidence. Even if an offence has been committed, if there is not good cause for arrest, then damages potentially lie.
However, the reality is that if an offence has been found to have been committed, then courts will be reluctant to award any damages for an unlawful arrest if the legal test has not been strictly met but it is quite clear that the police were acting in good faith and the person concerned is subsequently charged with an offence.
Here, however, the position is frankly chilling – a couple have been arrested and humiliated in their own home, then detained for 11 hours for remarks which it seems were never unlawful, and it is quite clear that any court considering such circumstances will go on to be far more sympathetic to arguments concerning legality of initial arrest.
Whilst we do not know all of the details of this case, what we do know is shocking, and sadly places this case in an ever-lengthening line of cases where British Police seem to be conducting themselves in a manner completely at odds with the standards and expectations that have governed policing in this country since the inception of the force in the 19th century.