Landmark legal challenge secures greater protection for falsely accused teachers

A teacher has won a High Court battle to have his DNA destroyed after he was unlawfully arrested by police when accused of assault by a pupil. It is believed the ruling will have implications for similar cases in future and experts predict a wave of legal action on similar grounds from others against the police.

The legal challenge initiated by the NASUWT has resulted in Northumbria Police having to destroy the DNA of Matthew Wren, who they conceded had been wrongly arrested. It also means they he will not be subject to adverse inference on Criminal Records Bureau (CRB) disclosures.

The High Court held that the police did not have the power to arrest and take DNA or fingerprints from a teacher who attended a police station voluntarily and fully cooperated with the investigation.

NASUWT member, Matthew Wren, a history teacher, voluntarily attended a police station where he was arrested over allegations of assault against a school pupil. Mr Wren was later cleared of any wrongdoing. Mr Wren had reported to the police an assault he had suffered at the hands of a pupil and the allegations against Mr Wren were as a result of a counterclaim made by that pupil.

As part of the arrest process the police took DNA samples, Mr Wren's photograph and fingerprints. By law, police can keep these records irrespective of the outcome of the arrest. The Police National Computer (PNC) had also been marked with ‘CJ arrestee’, which would lead to disclosure to any prospective employer carrying out the obligatory enhanced CRB check.

Mr Wren challenged the legality of his arrest and sought the destruction of his personal records. The High Court granted permission for a judicial review, but a few days before the full hearing the police conceded, agreeing to a Consent Order declaring the arrest unlawful. An order was made that the photographic, fingerprint and DNA records be deleted and the PNC amended.

Chris Keates, General Secretary of the NASUWT, said:

“This is a critically important development in the Union’s long-running campaign to ensure that teachers who face allegations from pupils are treated fairly. This judgment has wide implications for teachers and all those who work with children and young people.

“The outcome of this case will significantly change the way teachers who are accused of assault are dealt with by the police. It is clear from the decision that the police should be better trained to apply provisions of the Police and Criminal Evidence Act.

“There is still much more to do to ensure that teachers and those who work with children and young people receive fair treatment when they face allegations, but this is undoubtedly a major step in the right direction.”