An investigation by the Independent Office for Police Conduct (IOPC) found Derbyshire Constabulary officers used reasonable force to restrain a man before he was found unresponsive in his cell and later died in hospital.
Our investigation did, however, identify potential failings in the way custody officers managed the welfare of Shaun Aherne after was detained and taken to Chesterfield custody facility on 7 January 2018. He was found unconscious and not breathing a short time later and taken to hospital where, sadly, he passed away on 10 January.
After a week-long inquest which ended at Chesterfield on Monday 6 February the jury’s narrative conclusion found that Mr Aherne, aged 42, died due to the physical and psychological stress of being restrained in police custody because he had significant ischemic heart disease, which was not known at the time. He was also under the influence of cannabis and likely poor mental health which added to his level of physical and psychological stress. He went into cardiac arrest which interrupted the supply of oxygen and blood to his brain which caused unsurvivable brain damage.
The jury also concluded that it was apparent police custody staff did not purposefully assess Mr Aherne's level of consciousness and vital signs before leaving him in the cell, adding: “It is believed that had they done so it is possible that his deteriorating condition would have been recognised, and it is possible that interventions could have been provided to avoid his death.”
Mr Aherne was arrested at Pleasley after officers responded to a reported domestic incident. There were concerns that his behaviour was linked to drug use.
CCTV and body worn footage showed that Mr Aherne, who was handcuffed, was aggressive on arrival at the custody suite. He was restrained by officers after kicking one of them and force was used to apply a spit guard and leg restraints before he was carried to a cell. Further force, including hand strikes, were used while his clothes were being removed to prevent self-harm. He was left prone on a mattress on the cell floor between 2.08pm and 2.17pm when a custody officer found him unresponsive and an ambulance was called.
The IOPC’s investigation began following a mandatory referral from Derbyshire Constabulary and was completed in December 2018.
IOPC Regional Director for the Midlands, Derrick Campbell, said: “Our thoughts remain with Mr Aherne’s family and all of those affected following his tragic death.
“Officers have a duty of care towards those placed in their custody and when someone dies either during or following detention it is important that the circumstances are thoroughly and independently investigated.
“From the evidence we gathered we were satisfied that the force used by officers, was necessary, reasonable and proportionate but concluded there were potential failings in the way Mr Aherne was managed after he was placed in a cell.”
We found a case to answer for misconduct for three custody sergeants for their apparent failure to set an appropriate care plan, specifically task officers to carry out CCTV monitoring of Mr Aherne in his cell, debrief the arresting officers, carry out intelligence checks and consider the risks associated with Mr Aherne’s detention.
At a misconduct meeting organised by Derbyshire Constabulary in April 2019, allegations that the officers had breached police standards of professional behaviour for duties and responsibilities were not proven.
We also found a case to answer for misconduct for two custody detention officers over allegations that they had failed to properly establish their roles in respect of Mr Aherne’s care. They were dealt with by way of management action rather than attending misconduct meetings.
During our investigation we reviewed body worn video footage from the officers present and CCTV footage from the custody suite. We obtained statements from the officers and also considered the pathologist’s report and analysis from a use of force expert.
Following the conclusion of our investigation our report and findings were shared with Mr Aherne’s family, Derbyshire Constabulary, and HM Coroner to assist with the inquest.
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.