Fighting Injustice

Never give up when confronting injustice

“As long as poverty, injustice and gross inequality persist in our world, none of us can truly rest.” — Nelson Mandela

There is sometimes a need to campaign against injustice to help those who have been oppressed or treated unfairly. On this occasion, when a survivor of post-separation domestic abuse had been branded a criminal by the police.

Anna (not her real name), a woman I supported in my role as her domestic abuse outreach worker was being subjected to serious and relentless harassment by a violent former partner, Carl (not his real name). Carl was intent on wrecking Anna’s life because she’d left him – he came to her flat several times a day to bang on her windows and shout obscenities through her letter box. He would follow her in his car when he saw her out. Carl had spent much of his adult life in prison and had countless convictions for offences including harassment of a former partner for which he had a life-long Restraining Order.

When Carl set up and recorded an incident that made it appear Anna had assaulted him, the police wasted no time in interviewing and cautioning her. She didn’t admit assault in interview because she was innocent. What the police relied upon as ‘evidence’ was a video recording of Anna waving her arms around in exasperation after Carl had harassed her. No consideration was given to the credibility of each party – Anna, a hard-working single mother of good character, Carl, a violent criminal. No consideration was given to the context of the allegation – the background of repeated reports of harassment made by Anna against Carl.

“Where you see wrong or inequality or injustice, speak out, because this is your country. This is your democracy. Make it. Protect it. Pass it on.” — Thurgood Marshall

The impact of being cautioned was devastating for Anna. The stress and fear caused by the harassment had already forced her to give up her job as a carer. Now she was at risk of being barred from resuming her career due to the requirement of a DBS check – her caution would show on this check and this would likely prohibit her from resuming this form of employment. She was depressed and anxious due to the harassment she was still suffering, had no job and now she had a caution for an offence of violence. Carl continued to harass her unabated.

I was outraged by the injustice of this and made a formal complaint to the Professional Standards Department of Nottinghamshire Police on Anna’s behalf. I set out in detail my claim that to issue a caution in these circumstances was wrong. My case included that there appeared to be insufficient evidence that an assault had taken place, that Carl, the complainant was not a credible witness, that there were errors in various police processes and that the police had paid no consideration to the context surrounding this alleged assault. Regrettably, the internal police investigation of my complaint upheld the actions of the police as reasonable and proportionate.

Not deterred, I requested a review of this decision by the Office of Police and Crime Commissioner. Thankfully, following a thorough investigation, the OPCC upheld my complaint and recommended Anna’s caution be withdrawn. The OPCC also stated –

“Clear guidance should be issued to Police Officers who are considering issuing a caution to an alleged offender who has previously reported a pattern of domestic abuse and who has made counter allegations against the same complainant. In this context it is important to understand the nature of the relationship, context of offending and establish who is the primary victim and aggressor. Nottinghamshire Police should review its procedure for Out of Court Disposals. The review should take into account the findings of this case, in particular ensuring the full context of an incident, relationship and offending is considered when making a decision to caution.”

By highlighting this injustice, I hoped that lessons would be learnt and that other women would not suffer the injustice of being criminalised as Anna had done. However despite the OPCC specifically saying in their letter to me that I should be updated when their recommendations had been actioned by the police, I’ve heard nothing. Some months later, I spoke with a Detective Inspector who was the former head of Public Protection in Nottinghamshire police who assured me he would update me on this matter. To date he has failed to do this.

When I read in March that Nottinghamshire Police were in ‘special measures’ for letting down victims of domestic abuse, I was not surprised. I very much hope that improvements will be made so that domestic abuse survivors are provided with a more  appropriate and compassionate response by Nottinghamshire Police in future. Time will tell.

“We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented. The opposite of love is not hate, it’s indifference.” — Elie Wiesel

Please use the links below to find my books on Amazon. Proceeds of Beyond the Break-up are being donated to Broxtowe Women’s Project.

One in Four Women – understanding men’s domestic abuse and violence against womenhttps://www.amazon.co.uk/dp/1739647912

Beyond the Break-up – understanding and surviving men’s domestic abuse and violence against women post-separation https://www.amazon.co.uk/dp/1739647920

Published 13 April 2024