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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71138
Experience:  Over 5 years in practice
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Good morning, On Wednesday the keyholes from my door where

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Good morning,
On Wednesday the keyholes from my door where glued, I called the police station to report it as I suspected it was my ex tenant, they told me they were going to call me back during the next 24 hours, next day, Thursday,they call and told me someone would be calling me to make an appointment. On the same day in the afternoon, I met by chance my ex tenant accompanied by her sister in the street, they pushed me and chased me on the street while shouting at me. I call the police station on the same number I made the first report and gave my reference number, in the meantime, she called the police saying that I had attacked her, when the police arrive I waived to them to come to help me, while on the phone with the police station, and without letting me speak 6 of them surround me, and told me to drop the phone and I was arrested. I spent nearly 5 hours in the police station until they dropped the case, without letting me do a counter allegation, because apparently they were closed.
I was scared, I was mishandled, I was laughing at. They fail to protect me, they did not assess the situation.
What legal action can I do?
I have already gone to do a counter allegation at another police station and I have done a complain on 101 number. But nothing has come yet. They have already dropped my first report about the damage of my property.
Thank you very much in advance for your help.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What action are you hoping to take? Do you mean against the police? For what ?

Customer: replied 4 years ago.

My property was damaged and I was assaulted by two women one of the being the same as the one that has damaged my property. The police is not investigating it and they are just dropping the case.

My flat is empty, and I need to go to do repairs and put it for sale, but I am too scared to go, as she lives in the next building.


I find that the police is failing to protect me, and what is more, they did not assess the situation at all. I want to do action against them.

They haven't dropped the case.

They have just said they cannot at that time take the counter allegation. That does not mean you cannot return and make one although it is fair to say that counter allegations tend not to be taken as seriously as they should. Unfortunately one way of escaping the consequences of violent acts is to phone the police and make an allegation first and that is well known to ladies like her who are always placing themselves into these situations. That is not the fault of the police though. That is just a general cultural issue amongst people who see nothing wrong in making false reports.

The criminal damage and the assault can be reported in the normal way when the station reopens.

In terms of failing to protect you, it depends what you mean really. If you mean that you shouldn't have been arrested then I'm afraid thats not likely to succeed at court. An allegation was made and they had to investigate it. It would have been better if they had arrested them as well on your allegation but they did not and that does not give rise to a claim in law. Commonly they would not. When they attend at the scene of a dispute there are often counter allegations and the fact that they may have assessed the sitaution incorrectly is not actionable. Under PACE they only need reasonable suspicion to make an arrest. That has generally been interpreted to mean the barest suspicion. She made a report so there was reasonable suspicion. You have been NFAed so they have accepted there is no case.

In any event though, it would not be appropriate for the officers that arrested you to investigate your complaint. Probably their concern was that your original report had been assigned to another officer who was not on duty at that time and since there wasn't really any time sensitivity upon it, there was no need to do it immediately.

If you are intent then you can complain to the IPCC but I wouldn't advise it. That will have a huge impact upon the way they handle your report against her. Of course, it would be nice if we lived in a world where the police didn't do that but we all know the reality. If you complain about them to the IPCC then they are not going to be very enthusiastic about investigating your complaints about your tenant.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?

Jo C. and other Law Specialists are ready to help you

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile
Customer: replied 4 years ago.


They have sent me an email informing me that they have dropped the case in property damage, they have not given me any answer yet about the counter allegation, and I have already put a complaint against the police in a police station.

I say they have failed to protect me, because if they have done something about my report on property damage, the attack of the next day would have not happened.

My other point is that when the police officer arrived, they did not allowed me to speak, they did not even ask for my name, and I do not think that is a normal procedure. I was further away from the other women as they were chasing me, so while on the phone talking to the police station I saw a police officer I call him, to ask him for help, he approached me with 5 other police officer, and just arrested me without letting me speak.

My other question is about my records at the police station, they said they are kept for ever. Does it mean, that even when it was a false accusation, if they ask me if I have been arrested before, I have to say yes?

Thank you.

On your first point, I do realise this is frustrating for you but you are not going to be able to prove that if the police had arrested them immediately then they would not have assaulted you. Actually probably they would because they would have been given a greater motivation to do so.

The police do usually ask for a name but they did not question you at the scene because that is a street interview which they are not allowed to do under PACE.

PNC records are kept forever but this will drop off even enhanced CRB and DBS checking after 11 years. It will not show on basic or standard. Any entry will also be written in a way that reveals that there was no real merit to the allegation because you were NFAed.

Customer: replied 4 years ago.

Thank you very much.

It was a very useful information.

No problem and all the best.

For what its worth, my own personal view is that the police should arrest everybody at scene even upon counter allegations. That would stop these people who have the police on speed dial fast enough.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile