On 26 July 2017, at around 9pm, West Midlands Police (WMP) deployed officers to an area in south Birmingham after receiving intelligence relating to the possession of a gun and ammunition. This was part of a wider initiative to combat gang crime in the city. A photograph of the main suspect was circulated beforehand to officers taking part in the operation.
The main suspect was spotted in an alleyway on foot along with another man. Two armed officers they were walking towards drew their weapons and gave commands for the men to stop and show their hands. One of the men (the main suspect) complied immediately, but the other man held his hand slightly behind him and towards the rear of his body. Believing the man to have a weapon he was about to use, one of the officers shot the man in the chest.
Officers gave the man immediate first aid and called an ambulance. The man was taken to hospital, where he underwent surgery to remove a single bullet from his chest.
The man, who was unarmed, subsequently complained that he had been the main target for the police and that the police intent was to shoot him. He further alleged that he had been stripped naked by the officers and not received any first aid.
We investigated the circumstances in which the shooting took place. Our investigators were deployed to the scene and attended the post-incident procedure. They gathered and reviewed police body-worn video (BWV) that captured footage of the incident. Investigators also carried out house-to- house enquiries and collected relevant evidence, including ballistics analysis. They obtained statements from all officers involved in the operation, including the firearms officer who fired the shot, and from independent witnesses. In addition they looked at the firearms authorisations of the officers involved and reviewed police radio transmissions.
The officer who fired the shot stated that the man was not complying with the commands that were being given to him, in that he did not put his hands up into the air when asked to do so. He said that the man appeared to draw his right hand away from his body, and made a motion with his hand, as if to point what the officer believed was a gun towards the two officers. It was at this point that the officer discharged one round to ‘neutralise the threat’ he felt the man presented. The officer stated that he did not believe he had had viable alternative options – such as, for instance, Taser – due to the immediacy of the potential threat posed.
Evidence showed that the firearms officer fired a single shot. Footage from the two officers’ BWV confirmed that the man did not immediately comply to raise his hands and appeared to be reaching behind his back just before the shot was fired. Intelligence provided to the officers was that gang members usually carried weapons tucked into the rear of their trousers.
Our investigation found that all police officers involved, including the one who fired the shot, acted in line with policy and procedure.
Having reviewed the evidence, including all statements, the intelligence brief provided to officers before the operation, and officers’ BWV footage, we were of the opinion that the man’s actions could have led the officer to believe that the man was a threat. We were therefore of the view that the officer’s actions were appropriate in the circumstances.
Based on the evidence available we found no indication that any person serving with the police may have behaved in a manner that would justify the bringing of disciplinary proceedings, or had committed a criminal offence.
BWV footage obtained during our investigation showed that, immediately after the shot was fired, the officers present began to source and administer first aid to the man. One officer is seen to be cutting the man’s shirt with scissors in order to place a chest seal on his wound. Officers are shown to be staying with the man until the ambulance arrived.
Evidence we gathered indicated that the man who was shot was not identified by police until after he left the scene and was being treated in hospital. During the planning of the police operation he had not been named as a suspect or expected to be present.
We therefore did not uphold the man’s complaints that he had been targeted by police, denied first aid, or in any other way mistreated by officers.
After reviewing our report, WMP agreed with our findings.
Our investigation was finalised in March 2018 but discussions around sensitive police operational details and other relevant factors have delayed publication of our findings until now.
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.
