An Independent Office for Police Conduct (IOPC) investigation of a complaint by a driver who was stopped and searched in Walworth, south London, found no case to answer for misconduct but has resulted in three Metropolitan Police Service (MPS) officers being told to attend a community stop and search event.
We recommended that the officers should attend this to understand the impact felt by those in the community who have been subjected to the tactic. The MPS has also agreed to write a letter to the driver detailing that he was not connected with any wrongdoing at the time of the incident and apologise for any inconvenience caused.
The 38-year-old man was stopped while driving in Walworth Road, SE17 on 5 May 2020 and a video from the incident was shared widely on social media. The driver and his car were searched under the Misuse of Drugs Act, and although handcuffs were not used it was suggested by one of the four officers present that they could be.
We began our independent investigation on 19 May 2020 after the man complained that the officers racially profiled him prior to the search, and that he was subsequently treated differently because of his race. The man believed that as he had previous interaction with the same officers, this initial encounter influenced the officers’ decision to search him. He also complained that the officers failed to observe social distancing rules.
Our investigation was completed in May this year. The evidence we gathered did not suggest the complainant was racially profiled. We found the decision to make the stop was based on local intelligence including knowledge of drug dealing and gang activity there. We confirmed through body worn video (BWV) that the officers did not know who was in the car before it was stopped, as it had tinted windows.
As part of our investigation we also reviewed the officers’ previous stop and search records and the rationale provided by the officers for their actions.
Based on the evidence gathered, we found no case to answer for misconduct for any of the officers. However, we did identify a number of performance issues where the officers’ behaviour had fallen short of public expectations. These included making or failing to challenge comments which, while not made within earshot of the complainant, could have been construed as disrespectful. Social distancing guidelines were breached by three officers during the incident and BWV was not used in accordance with policy.
The force accepted that while these breaches did not meet the threshold for disciplinary action, the officers should be subject to reflective practice. Following our recommendations this included three of them having further equality and diversity training; attending a community event on stop and search to listen to and understand the impact felt by those in the community who have been subjected to the policing tactic; and to further reflect on their conflict management and use of de-escalation tactics.
IOPC Regional Director Sal Naseem said: “Stop and search is an important policing tool but its use must be reasonable, proportionate and necessary.
“It is an intrusive power which disproportionately affects Black communities. The community needs to have confidence that racial bias plays no part in how this policing power is used. Without this, the trust and confidence they have in the police service will diminish.
“In this case we found no case to answer for misconduct, but we did find that this incident could have been handled better and identified learning in the form of reflective practice. That’s why we recommended the police officers involved engage with the community itself to understand the impact their actions can have.”
Evidence gathered during our investigation included taking statements from the complainant, the officers involved and other witnesses. We also looked at BWV footage, and studied policing policies concerning stop and search, BWV and the use of personal protective equipment.
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.
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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).
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.
