A 76-year-old West Cumbrian woman and her daughter plan to sue the police after the pair were locked up for seven hours for feeding pigeons.
Neighbours complained that the birds were blighting their lives, as hundreds flocked to Broadacres in High Harrington to feed from Monica and Janet McIntosh’s garden.
Residents claimed they could not go outside and the sky became black as the pigeons descended and that it has encouraged rats to the area.
They reported the couple to the police and the McIntoshes were arrested on suspicion of a public nuisance offence. They were taken to Workington police station and put in cells.
Police seized house keys, bank statements and cheque books.
The pair were placed on bail while the Crown Prosecution Service investigated and four lawyers were brought in to look at the case.
Earlier this month, they were told there was no case to answer and the investigation was handed to Allerdale council’s environmental health team.
The council has also said it can take no action.
Mrs McIntosh said she and her daughter, 46, felt let down by the way police had handled their neighbours’ complaints.
Officers had telephoned the pair to inform them of the complaints and said they would visit to talk to them about it.
They were shocked, however, when the a police car and a police van turned up and four officers knocked on the door then arrested them inside their home.
Mrs McIntosh said that after they were arrested, an officer demanded keys to their house, which was searched while they were put into the van and taken to Workington police station.
There they were put in separate rooms, interviewed and locked in separate cells.
After being bailed, they were left in limbo, waiting to find out whether they would face charges, until they were told of the CPS decision.
Mrs McIntosh said: “It’s absolutely ludicrous.
“It’s been very traumatic and we feel so violated that they’ve searched through our personal belongings.
“We just feel totally let down.”
The pair contacted Forbes Solicitors in Preston in the days after their arrest and solicitor David Mayor, who is handling their case, said: “The time taken to investigate, interview and potentially prosecute these two over the overfeeding of birds is the biggest waste of police time and money when other people could have been contacted to sort out the problem.
“I’m surprised that the police have been involved at all.”
The matter could have been resolved by officers talking to the pair, he said.
Forbes sent notice to Cumbria Constabulary in February that the mother and daughter intended to sue and the constabulary has until June 1 to accept liability or present a case defending the officers’ actions.
If the police accept liability, an out of court damages settlement could be reached, but Mr Mayor said that if they denied liability or a suitable settlement could not be agreed, the matter would go to court.
A police spokesman said the force was continuing to investigate the incidents with partner agencies.
He added: “Cumbria Constabulary has received a letter from the legal representatives of two residents and in accordance with pre-action protocol for civil litigation they are looking into this matter.”
By Sarah Nicholls and Paul Crute
Source: Times & Star








