A retired couple and their son have been paid damages by a police force after a “terrifying” incident in which officers armed with Glock pistols and Tasers assaulted the three in their rural home following a dispute with neighbours.
West Mercia police has admitted assault and battery, false imprisonment, trespass and breaches of article three of the European Convention on Human Rights, which prohibits degrading treatment or punishment.
Brian and Ghi Arundale, 85, and 67, and their son Ralph, 37, told the Guardian they still had not had a satisfactory apology.
Ms Arundale, who used to work as a neighbour watch volunteer, said: “I now have total distrust of the police. If anyone else had behaved like they did they would have lost their jobs and probably been prosecuted. Nothing has happened to these officers.”
The family claim they still have had no proper explanation of why the police acted as they did. Ralph said: “It was such a violation. They came into our own home and set on us. I will never let a police officer into the house again.”
The incident followed a long-running dispute between the Arundales and a neighbouring family in the village of Coreley, near Ludlow, Shropshire.
On 6 July 2014 Ralph dialled 999 alleging one of the neighbours had threatened his mother. Three days later a police constable, Jill Richardson, called Ralph while he was out having a meal with his parents to say she wanted “a quick word”.
When the family arrived home they were surprised to see Richardson on their drive accompanied by two male officers armed with Glock pistols and Tasers. “We were taken aback. We wondered what on earth had happened,” said Ms Arundale.
They invited the officers in and Richardson explained that they were there to seize Brian Arundale’s three shotguns, which he kept for clay pigeon shooting. Ms Arundale claimed the officers were “hostile and aggressive”. Mr Arundale, a retired quantity surveyor, objected as he believed there was no good reason for the guns to be taken but eventually accompanied one of the male officers up to his office, where they were kept.
Ms Arundale said she became concerned when she heard her husband raise his voice and tried to go upstairs. She claims one of the male officers blocked her and pushed her. “I fell backwards,” Ms Arundale said. “PC Richardson then dragged me backwards, bouncing me down the stairs.” Ms Arundale alleges she was punched or kicked in the back and handcuffed tightly and painfully.
Ralph, who had gone outside with the family dog, heard the noise and dashed in. He claims he was grabbed by one of the male officers and restrained. At one point he alleges his neck was pressed against the edge of a stair, making it hard for him to breathe. “My vision went black,” he said. “I genuinely thought: ‘These guys aren’t going to stop.’ I was terrified.” Ralph alleges he was handcuffed behind his back and punched in the head.
West Mercia police accept that one of the officers drew his Glock pistol and threatened to shoot the dog, an American bulldog, and that a Taser was drawn and pointed at Ralph but not discharged. When Mr Arundale came downstairs and tried to stop the Taser being pointed at Ralph, he alleges he was punched in the shoulder.
Ms Arundale and Ralph were taken to Hereford police station in separate vehicles and then on to hospital. Ms Arundale’s injuries included severe bruising to her back and loss of sensation in her left wrist and hand. A nurse who examined her said that if the injuries to her wrist had been any deeper then she would have needed plastic surgery. Her urine was tested for blood as he was concerned about kidney damage. Ralph had suffered bruising and a cut to his arm.
Mother and son were later charged with assaulting Richardson, who claimed she was kicked by Ms Arundale and punched by Ralph.
West Mercia police initially told the Crown Prosecution Service that its officers were trying to prevent an imminent breach of the peace by seizing the shotguns but the prosecution was eventually discontinued.
A police professional standards report concluded that in fact there appeared to be no imminent breach of the peace and the officers had entered the Arundales’ home unlawfully.
The Independent Police Complaints Commission expressed concern at “a lack of responsibility, accountability or acceptance of decision making in an event where officers equipped with firearms were assigned”.
The Arundales said they were still mystified as to why the police acted as they did. “We don’t know why they brought firearms officers to the house. There is no logic to it,” said Ms Arundale. “We had made the 999 call. We invited them into our house courteously. It was totally over the top, quite horrific.”
They believe their complaints to the police were not taken seriously. “We felt the whole way it was handled was to close ranks, shut this down and minimise it. We’re pleased the police have admitted liability and awarded us damages but we feel we should have an unreserved apology.”
The Arundales eventually obtained the statement Richardson had made. She said that when she went to speak to the neighbour about the alleged threat against Ms Arundale, she was told the Arundales had shotguns. Seven years before Ms Arundale had fired a shotgun into a shrubbery after a previous incident – and had admitted criminal damage over it. The neighbour said she was worried she might use a gun again.
Richardson also said that Ms Arundale and Ralph were abusive and when Ms Arundale started to go upstairs she thought she had “something” in her pocket. Ms Arundale insists she had nothing and no object was found when she was searched. Richardson claimed Ms Arundale fell backwards down the stairs deliberately – and rubbed her wrists against the handcuffs to hurt herself.
While West Mercia police settled, it did not accept all aspects of the Arundales’ version of events and did not accept responsibility for all the injuries suffered.
The family’s lawyer, Gus Silverman, a specialist civil liberties lawyer at Irwin Mitchell, said: “It’s exceptionally unusual for a police force to admit that its officers breached article three of the European Convention on Human Rights, which prohibits inhuman or degrading treatment or punishment.
“The fact that West Mercia police has admitted liability here really speaks to the gravity of this case and the appalling treatment suffered by my clients.” He called for a full apology.
Ch Supt Charles Hill, from West Mercia police, said: “I can confirm that West Mercia police has agreed a legal settlement in relation to an incident arising from a neighbour dispute in Coreley. We have settled the claim on the basis of technical legal advice and we do not accept all elements of the claimants’ case.
“Three officers involved in the case were subject to a misconduct meeting where it was found there was no case to answer, although the force has taken some learning from this incident.”
