On 2 June 2018, West Midlands Police officers were called to an incident where two men were involved in an altercation. On arrival to the scene, officers arrested both men.
One of the men resisted and officers used force to effect his arrest, including incapacitant spray. They also used force on his stepfather who tried to intervene in the man being arrested.
Following the incident, both the man and his stepfather lodged a complaint that he sustained a fractured wrist, which he alleged was a result of his arrest and the handcuffs being applied.
During the investigation, we collected evidence from West Midlands Police including use of force forms, policies and procedures. We also obtained witness statements from officers involved.
We served notices on two of the officers, including Officer A, who used force on the man and his stepfather, that their actions may be considered to have breached standards of professional behaviour.
Officer A, who used the incapacitant spray, provided their rationale for using it, stating that the man had already assaulted them once and that his strength and aggression were putting them and their colleague at a high risk of harm.
Evidence indicated that Officer A had failed to communicate effectively that they were arresting the man, as well as the reason for the arrest, at an early stage. We were of the view this was an omission and not a deliberate act and, that it did not amount to misconduct. We were of the opinion that Officer A should be reminded of the importance of clearly communicating the reasons for an arrest to avoid confusion, and hopefully reduce the chances of similar situations occurring.
Evidence showed that Officer A did not provide the man with aftercare after using the incapacitant spray, which is against policy. We were of the view that this could best be addressed by words of advice via their manager to ensure that Officer A recognises their responsibilities following the deployment of incapacitant spray.
Evidence also indicated that, although Officer B had some physical contact with the man, they did not use force on him.
There was no evidence to support how the man sustained his injuries. It was concluded that the force used by Officer A to detain and arrest the man was reasonable, necessary and proportionate.
Our investigation highlighted some areas for improvement for the force. The first one was around reminding officers of the need to submit complaints forms to the force’s Professional Standards Department without delays. The second related to the need to record and disclose DSI (death or serious injury) matters on the system for the criminal justice services department; particularly the response supervision team.
We completed our investigation in June 2019.
After reviewing our report West Midlands Police agreed that Officer A would have a conversation with their manager regarding the issues raised in our report. The force also advised that it would look into the learning matters we raised.
An act of parliament that provides the core framework of police powers to combat crime and provide codes of practice for the exercise of these powers.
Leads and manages the development of the police service in England, Wales and Northern Ireland.
The body that represents the interests of all police constables, sergeants, and inspectors.
Deals with someone’s inability or failure to perform to a satisfactory level, but without breaching the Standards of Professional Behaviour.
Focuses on putting an issue right and preventing it from happening again by encouraging those involved to reflect on their actions and learn. It is not a disciplinary process or a disciplinary outcome.
Department within a police force that deals with complaints and conduct matters.
Refers to lower-level misconduct or performance-related issues, which are dealt with in a proportionate and constructive manner.
This means doing what is appropriate in the circumstances, taking into account the facts and the context in which the complaint has been raised, within the framework of legislation and guidance.
The average is calculated using the individual results of the forces in that most similar force group.
An investigation carried out by IOPC staff.
Carried out by the police under their own direction and control. The IOPC sets the terms of reference and receives the investigation report when it is complete. Complainants have a right of appeal following a supervised investigation (unless it is an investigation into a direction and control matter).
This act sets out how the police complaints system operates.
How a police force is run, for example policing standards or policing policy.
An investigation carried out by the police under the direction and control of the IOPC.
The organisation that is responsible for assessing how to deal with a complaint. For example – whether it can be handled locally or reaches the criteria for referral to the IOPC. The appropriate authority may be the chief officer of the police force or the PCC for the force. If a complaint investigation finds that someone has a case to answer for misconduct, the appropriate authority is responsible for arranging any misconduct proceedings. If you make a complaint, the appropriate authority for your case will contact you.
An intelligence-led agency with law enforcement powers, it is also responsible for reducing the harm that is caused to people and communities by serious organised crime.
Policing bodies include police and crime commissioners, the Common Council for the City of London, or the Mayor's Office for Policing and Crime.
Investigations carried out entirely by the police. Complainants have a right of appeal following a local investigation (unless it is an investigation into a direction and control matter).
IOPC guidance to the police service and police authorities on the handling of complaints.
A complaint or recordable conduct matter that doesn’t need to be referred to the IOPC, but where the seriousness or circumstances justifies referral.
Parameters within which an investigation is conducted.
A person is adversely affected if he or she suffers any form of loss or damage, distress or inconvenience, if he or she is put in danger or is otherwise unduly put at risk of being adversely affected.
This is where a manager deals with the way someone has behaved. It can include: showing the police officer or member of staff how their behaviour fell short of expectations set out in the Standards of Professional Behaviour; identifying expectations for future conduct; or addressing any underlying causes of misconduct.
This could be the Police and Crime Commissioner, the Common Council for the City of London, or the Mayor's Office for Policing and Crime.
A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and an explanation, an apology, or a meeting between the complainant and the officer involved.
A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and an explanation, an apology, or a meeting between the complainant and the officer involved.
A breach of standards of professional behaviour by police officers or staff so serious it could justify their dismissal.
A matter where no complaint has been received, but where there is an indication that a person serving with the police may have committed a criminal offence or behaved in a manner that would justify disciplinary proceedings.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
Quarter 1 covers 1 April - 30 June
Quarter 2 covers 1 April - 30 September
Quarter 3 covers 1 April - 31 December
Quarter 4 covers the full financial year (1 April - 31 March).
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.
Used to house anyone who has been detained.
Complainants have the right to appeal to the IOPC if a police force did not record their complaint or notify the correct police force if it was made originally to the wrong force.
The purpose of an investigation is to establish the facts behind a complaint, conduct matter, or DSI matter and reach conclusions. An investigator looks into matters and produces a report that sets out and analyses the evidence. There are three types of investigations: local, directed and independent.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
The type of behaviour being complained about. A single complaint case can have one or many allegations attached.
A person who makes a complaint about the conduct of someone serving with the police.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
List of officers and staff who have been dismissed from policing, or would have been if they had not retired or resigned.
The type of behaviour being complained about. A single complaint case can have one or many allegations attached.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
An independent judicial officer, the coroner enquires into deaths reported to him/her.
A breach of the Standards of Professional Behaviour that would justify at least a written warning.
No further action may be taken with regard to a complaint if the complainant decides to retract their allegation(s).
A record is made of a complaint, giving it formal status as a complaint under the Police Reform Act 2002.
This is a format where information is written in plain English and short sentences.
The IOPC must be notified about specific types of complaint or incidents to be able to decide how they should be dealt with.
No further action may be taken with regard to a complaint if the complainant decides to retract their allegation(s).
Casework involves assessing appeals. Casework staff also have a role in overseeing the police complaints system to help ensure police forces handle complaints in the best possible way.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
Conduct includes acts, omissions, statements and decisions (whether actual, alleged or inferred). For example: language used and the manner or tone of communications.
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.
