Five Essex Police officers are due to face a misconduct hearing after a man in police custody lost the tips of three fingers when they became trapped under a toilet rim.
The incident took place in the early hours of 1 May, 2015, in Colchester Police station following the arrest of a 33-year-old man the previous day.
A number of officers entered the man’s cell to remove his foot from a toilet. The officers used a number of techniques to remove him from the toilet. As a result of this three of the fingertips on his left hand were severed and he was taken to hospital.
A referral was made to the Independent Office for Police Conduct (IOPC) and an independent investigation was launched.
We looked at the decision making by officers:
• when the man, who was a foreign national presenting mental health concerns, was booked in to custody
• in relation to the techniques and force used to remove the man from the toilet
We also looked at the first aid offered to the man after he sustained his injuries and his continued detention after he returned from hospital.
In the early stages of our investigation we made an informal recommendation to Essex Police and the National College of Policing that a review be made of whether a similar model of toilet was in use in other custody suites and whether these should be replaced. Essex Police has subsequently carried out work to replace toilets of this design.
In November 2015 we received a second referral in relation to one of the officers, an inspector, and their alleged behaviour in the hours after the man was injured as well as in October 2015 relating to this incident.
Our two investigations were completed in April 2017 and we concluded five officers, the inspector, three police constables and a temporary police sergeant, have a case to answer for gross misconduct.
Essex Police agreed with our conclusions and have scheduled the hearings to begin 7 May 2019.
A police sergeant was also considered to have a case to answer for misconduct. The sergeant admitted to the allegations and received a written warning. A final officer also was considered to have a case to answer for misconduct and has received management action.
Following a review of the evidence, the final report was sent to the Crown Prosecution Service (CPS). In August 2018 the CPS decided to take no further action.
IOPC Regional Director Sarah Green said: “This was an investigation that involved numerous officers and was expanded upon the receipt of the second referral six months after the initial incident.
“We made quick time learning recommendations to Essex Police and the National College of Policing to reduce the risk of detainees suffering serious injury, following which Essex Police has replaced toilets with the same design.
“We also concluded that five officers have a case to answer for gross misconduct and Essex agreed. It will now be for an independent panel to consider the evidence and make its judgement.”
The misconduct proceedings are due to begin on 7 May.
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