Parents’ ‘unlawful’ arrest over school WhatsApp messages

A police force has admitted that the arrest of two parents over messages in a school WhatsApp group was unlawful and has paid the couple £20,000 in compensation.

Maxie Allen, 50, a Times Radio producer, and his partner Rosalind Levine, 46, were arrested on suspicion of harassment and malicious communications following a ‘trivial’ dispute about their child’s school, reports the Daily Mail.

CCTV footage captured the moment six uniformed officers led the parents away from their suburban home in front of their crying young daughter in January.

After a five-week investigation, Hertfordshire Constabulary concluded there was no case, and the matter was no further actioned. The force has now agreed to pay the couple £20,000 despite previously defending its decision.

Hertfordshire Constabulary has confessed that the legal criteria for the arrest was “not made out” and have accepted formal liability for wrongful arrest and detention. However, the force has defended its decision to probe the couple, citing the number of messages sent by the parents to Cowley Primary School.

Arrests spark nationwide debate

The incident ignited a nationwide debate after the couple were searched and locked up in a cell for eight hours after their school reported them to the local police force. Mr Allen told The Times:

“We’re very pleased Hertfordshire constabulary have recognised, albeit belatedly, that our arrests were unlawful. I hope the debate around our case has a positive effect on how these issues are handled in future.

“The police should not be a tool for public authorities to close down legitimate comment and scrutiny.”

Disputes between parents and school lead to ban and complaints

The arrests followed a series of disputes between the parents and the school over several months, resulting in Allen and Levine being banned from the establishment. In June last year, the school lodged a complaint with the force over the parents’ social media campaign. Cowley Primary School complained again in December due to ‘persistent’ calls and emails from the couple.

However, Allen and Levine maintained they had contacted the school frequently because of their daughter Sascha’s needs, as she has epilepsy, is neurodivergent, and is registered disabled.

After the parent body warned the couple about making ‘inflammatory’ remarks online, Levine made a negative comment about the acting head teacher and the head of governors in a WhatsApp group.

The parents were then warned by a police officer in December to remove their daughter from the school, which they did the following month. A week later, they were both arrested by Hertfordshire Constabulary.

Force pays £10,000 each for ‘unlawful’ arrest

Now, the force has paid the parents £10,000 each for the ‘unlawful’ arrest, stating that the figure was “significantly above that required by the case law and reflects the constabulary’s desire to bring matters to a conclusion.”

This comes despite Andy Prophet, chief constable of the force, previously saying they had ‘lawful reason’ to detain the parents on January 29. While the couple had never been abusive or threatening, the force’s lawyers said there was ‘reasonable suspicion’ of escalation between December and January.

Calls for police to ‘never repeat this mistake’

Bryn Harris, chief legal counsel at the Free Speech Union, said the force, as well as others across the country, should “never repeat this mistake.”

He added, “A good place to start would be a 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.”

A Hertfordshire Constabulary spokesperson said: “Whilst there are no issues of misconduct involving any officer in relation to this matter, Hertfordshire Constabulary has accepted liability solely on the basis that the legal test around necessity of arrest was not met in this instance. It would be inappropriate to make further comment at this stage.”