Couple compensated for unlawful arrest for comments on a school parents’ WhatsApp group
In a case that may have mirrored the plotline of a comedy skit a decade ago, the parents of a Hertfordshire schoolchild who had the temerity to complain about the school’s leadership in a WhatsApp group were duly arrested and investigated for “harassment, malicious communications and causing a nuisance on school property.”
Maxie Allen and Rosalind Levine had the door of their home in Borehamwood knocked by Hertfordshire Police back on January 29 this year. This came after a relatively cordial dispute between themselves and governors of Cowley Hill Primary. Their young daughter watching on, they were arrested by six uniformed officers before being taken for questioning.They were held for 12 hours.
It started with a letter
In May 2024, upon finding out the head teacher of the school had announced retirement, Mr Allen wrote to the school to ask why the process of finding a replacement had not already started. Previously he had served on the board of governors and knew what the protocol should look like and opined that the school had not been transparent about this issue.
In June 2024, Jackie Spriggs, chair of the governors, sent out a letter to all parents in which she stated “inflammatory and defamatory” comments on social media must stop. At this point Mr Allen and Ms Levine were in a private WhatsApp group with other parents in which comments about the governors had been made, which they in turn had become aware of. According to Mr Allen, the worst of these comments was accusing someone on the board of being a control freak.
Governors escalate the dispute
In June, Allen and Levine were banned from the school and told they could only communicate by email. It should be noted at this point that there are no reports or other evidence of the couple attending the school premises after the ban, and so the charge of causing a nuisance on school property seems a stretch.
In December 2024, it is alleged that the police warned the couple to withdraw their daughter from the school, which they did in January. The police showed up at their front door five days after they had left the school entirely.
The investigation goes nowhere
Upon concluding a five-week investigation, the police informed the couple that no further action would be taken, citing “no evidence for necessity” – an official way of saying that there wasn’t sufficient evidence to make a case against them. They have now been compensated £20,000 by Hertfordshire Police for unlawful arrest.
The Free Speech Union assisted in their defence paying for solicitor’s fees and supported the family through the ordeal.
Dr Bryn Harris, Chief Legal Counsel at the Free Speech Union, said: “The next step, for Hertfordshire and other forces across the country, is to learn what went wrong and never repeat this mistake. A good place to start would be recognition that the criminal law is not a tool for protecting delicate feelings or wounded reputations, and officers must not allow it to be abused in this way.”
Stand your ground
It is apparent to anyone with half a brain cell in Britain now that the police more and more often act unlawfully when making arrests of this nature, prosecuting people who are just speaking their mind. Being charitable to them, it would be fair to say that our lawmakers have gone too far with too many convoluted legal statutes, many of them not line with natural and common law.
Know your rights
It is therefore important in these days that British people know what constitutes lawful and unlawful, and understands their birthright to be treated lawfully. If police do knock your door with a claim under a legal statute, unless they have an arrest warrant, you have no obligation to speak to them or allow them into your home. If they do have an arrest warrant, they are obligated to present you with the evidence for it on the spot, under case law precedent of R v. Howell 1982. Should you be arrested, always comply. The most important thing is that you have the right to remain silent – this does not mean however, that you cannot question the police and ask to know who your accuser is, and what exactly they are accusing you of.
None of this is legal advice. I am not legally qualified in any way. I do, however, know my rights and those of the people around me, as we all should.
I am a member of the Free Speech Union myself, and although I haven’t had to request their services, I can thoroughly commend them for the good work they have done to all who they have represented in court.
