Allegations of assault - Metropolitan Police Service, May 2017
We received a complaint that a man had been subject to an assault in east London by a police officer of the Metropolitan Police Service (MPS) on 5 May 2017. The allegation was that the officer forced the man’s head into a brick wall, resulting in a cut to the man’s head.
During the course of our investigation we also identified a potential conduct matter relating to the same officer for allegedly failing in their duty to ensure the man was taken directly to hospital following the incident.
During the investigation, our investigators interviewed the officer under misconduct and criminal caution, examined body-worn video (BWV) footage and obtained statements from several witnesses, including police witnesses and members of the public who were present.
The Investigator formed the opinion that there was sufficient evidence upon which a reasonable tribunal, properly directed, could find gross misconduct for the officer for using force that was not proportionate to any potential perceived threat by the man. The Investigator also formed the opinion that there was sufficient evidence upon which a reasonable tribunal, properly directed, could find misconduct for the officer for not transporting the man directly to custody, when the man did not provide a direct response when asked if he needed an ambulance.
We completed our investigation in September 2017.
We also submitted a file of evidence for the Crown Prosecution Service (CPS) to consider a possible criminal offence of assault occasioning actual bodily harm.
After reviewing our report the MPS determined in October 2017 that there was inconclusive evidence as to the exact cause of how the man’s injury was sustained and that the officer would attend a gross misconduct hearing for his use of force in relation to the man’s injury. The MPS also advised that the officer would appear in front of a misconduct panel for failing to follow guidance by not transporting the man to hospital after he was injured.
In October 2017 the CPS decided to charge the police officer for common assault. The officer was found guilty in spring 2018. The officer appealed his conviction and was found not guilty at a retrial in April 2018.
The officer attended a gross misconduct hearing in spring 2019. The independent panel was not satisfied, on the balance of probabilities, that any contact between the man’s head and the wall was deliberate and caused directly by the officer’s actions, or that the officer continued to push the man’s head against the wall. The panel was also not satisfied that the man had suffered a head injury, but rather a head wound, and was satisfied that the officer had therefore not breached his duty to take the man to hospital. The allegations of gross misconduct and misconduct were therefore found to be not proven, and no further action was taken.