Our investigation after video footage of an arrest in Sandwell appeared on social media has concluded that the use of force by West Midlands Police officers was necessary and proportionate in the circumstances.
We began an investigation following a voluntary referral from the force after the release of video footage, filmed through an open door, showed a man being repeatedly struck around the head by police during an incident on 25 February last year (2019).
We established the officers were responding to a report of an assault on a health worker, which led to them arresting a man at the scene.
IOPC Regional Director Derrick Campbell said: “We know the impact these types of incidents have on public confidence in policing so it was important we investigated this incident thoroughly and fairly and that we examine all of the circumstances of the officers’ interactions with the man.
“Our investigation found that this eight-second clip, which was widely shared on social media, was not wholly representative of the incident and actions of the officers involved.
“Body worn footage indicated that the officers who entered the property were met with aggression by the man concerned. Without warning one of the officers was struck and injured by one of two metal implements being swung at them.
“Another three officers were then involved in the restraint, one of whom repeatedly struck the man over the head while holding a can of incapacitant spray. While that was unconventional, the man had been violent and was refusing to co-operate and the body worn video supported the officer’s account that he feared for his safety and that of his colleagues.
“Given the situation the officers faced we were satisfied that the use of force was necessary and proportionate.”
While our investigation concluded that none of the officers had acted in a manner that justified the bringing of disciplinary proceedings, we were of the view one officer should face management action for using inappropriate language. This continued after the man had been brought under control. The force agreed and will carry out management action for the officer concerned.
Concerns were raised by the man and his legal representatives that the way he was dealt with was influenced by discrimination based on his race and/or religion. There was no indication of that in the accounts provided by the health staff present and no audio or other evidence from the body worn video suggesting the man had been discriminated against. We also found nothing of relevance in the conduct records of the officer who we felt had used inappropriate language, although that was not in any way racist.
We also addressed concerns that following his arrest the man had been left face down on the ground outside the property while handcuffed from the rear.
An independent witness and body worn footage indicated that the man was still struggling at this point. We concluded that in these circumstances it was not practicable for the man to be taken out of the prone position.
During our investigation, which concluded in January, we gathered statements from the health staff, the complainant and the officers who were present during the incident. We also reviewed police body worn video and social media footage. The man’s legal representatives have been provided with our report.
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.
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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).
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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.
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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.
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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.
