In February 2021, Cleveland Police officers attended Stockton High Street to a report of a man who was wanted for theft. Upon arrival, they detained two men and arrested one of the men on suspicion for theft. Before confirming his identity, the officers placed him in the rear of a police car. It was established that the other man was not involved, and a third officer arrived at the scene.
The man can be heard on the officer’s body worn video (BWV) protesting his arrest. Due to his behaviour, a police van was requested. Shortly after this, the man begins knocking on the rear police car door window with the palm of his hand. The arresting officer opened the door and the man kicked out before being pulled out of the car.
The man responded aggressively, and the arresting officer inflicted several knee strikes to the body of the man. The three officers restrained the man, and he was taken to the floor and pinned down by the officers. While being detained, the man becomes agitated and made various threats to the officers. The officers used more force including the placement of a knee and leg over the neck and head area of the man and a wrist lock restraint. One officer was seen to strike the detainee several times whilst on the floor.
Additional officers arrived and assisted by restraining the man, searching him, placing him in leg straps and putting him in the rear of a police van.
While the search is ongoing, the other man remained in near proximity. An officer is seen to advise the man on several occasions to move away. The officer guides the man by pointing and reinforcing this with a guiding push.
After the detained man is placed in the rear of the police van, the other man can be seen again in near proximity to the officers. He is advised again to move away and appears to be pushed by two officers at the same time. He does not move away until the arresting officer approaches and pushes the man twice more. The man demands to be arrested, but the officers do not respond.
During this part of the incident, the detained man removed his handcuffs within the police van. Officers used incapacitant spray on the man before pulling him out of the van for handcuffs and leg restraints to be reapplied.
The man is again safely secured in the back of the police van. As a result of the arrest, the arresting officer received minor injuries to his hand.
While in custody, it is recorded that the detained man has grazes to his hands and face. A visit by the mental health diversion scheme is made, however it appears the services were refused by the man.
This was referred to us in March 2021.
During our investigation, we reviewed body worn video footage of the three officers involved. We also reviewed town centre CCTV footage from the local authority, a shopping centre and custody suite CCTV.
We took witness statements from two of the officers and the fourth officer who attended the scene. We made attempts to interview the arrested man and the second man at the incident, however both failed to respond to requests for an interview. We assessed all available evidence in line with relevant policing policies and legislation.
We served one officer with Regulation 17 Notices and interviewed the officer under caution.
Our investigation was finalised in September 2021.
We concluded there was no indication any police officer had behaved in a manner that would justify the bringing of disciplinary proceedings or had committed a criminal offence.
We concluded that elements of the officer’s behaviour were unsatisfactory which should be dealt with accordingly as unsatisfactory performance. We recommended to the force that the officer involved should be informed of the standards and behaviour expected and to receive suitable words of advice to inform his actions to prevent any repeat of this incident in the future.
After sharing our findings with Cleveland Police, they appealed our decision for unsatisfactory performance. After further consultation, we agreed the threshold for misconduct may have been met. The officer attended a disciplinary meeting on 25 February 2022 and he was sanctioned with a written warning.
We carefully considered whether there were any learning opportunities arising from the investigation. We make learning recommendations to improve policing and public confidence in the police complaints system and prevent a recurrence of similar incidents. In this case, the investigation has not identified any learning.
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.
