On or around 5th September of 2021, Mr Flower was at a local pub with his new partner when he soon realised that his ex-partner was also at the premises. Mr Flower at the time was the subject of a non-molestation order put in place following an application by his ex-partner. Mr Flower, being concerned that his ex-partner would report the incident as a breach (despite no contact) decided to call the police to make them aware of the situation and to seek advice. In response, a 101-call handler advised Mr Flower that the incident did not amount to a breach and that he should therefore not be concerned. He was also advised that his call would be recorded on the police system. Having received this advice, Mr Flower felt reassured and thought nothing further of the incident. Unbeknown to Mr Flower, his ex-partner had in fact reported to the Humberside Police that a breach had occurred.
Two weeks later, Humberside Police contacted Mr Flower to notify him that it had been reported that he had breached his non-molestation order and to advise him that a warrant had been put out for his arrest for the breach. Mr Flower, confused by this, willingly attended a police station the following day to resolve the matter and to provide his account. Upon his arrival at the police station, Mr Flower advised officers why he was there, to which officers immediately informed him that he was under arrest. Mr Flower was then searched before he was placed in handcuffs and escorted to a cell.
Mr Flower was thereafter interviewed where he answered all questions put to him and provided his account. Following this, Mr Flower was released under investigation before later being informed that he faced no further action as his actions did not amount to a breach.
After experiencing the above, Mr Flower approached specialist Actions Against the Police Solicitors, Irvings Law, for assistance. Miss Jenkins immediately acknowledged that Mr Flower had suffered a wrongdoing. Ms Jenkins, after consideration of the evidence, sent a letter of claim to Humberside Police highlighting their wrongdoing. In response, Humberside Police denied liability in full.
Having denied liability, Ms Jenkins prepared the matter to be issued at court and when doing so, Humberside Police decided to settle the whole claim for £5,900.00.