Complaints regarding use of force - West Midlands Police, June 2018

On 2 June 2018, West Midlands Police officers were called to an incident where two men were involved in an altercation. On arrival to the scene, officers arrested both men.

One of the men resisted and officers used force to effect his arrest, including incapacitant spray. They also used force on his stepfather who tried to intervene in the man being arrested.

Following the incident, both the man and his stepfather lodged a complaint that he sustained a fractured wrist, which he alleged was a result of his arrest and the handcuffs being applied.

During the investigation, we collected evidence from West Midlands Police including use of force forms, policies and procedures. We also obtained witness statements from officers involved.

We served notices on two of the officers, including Officer A, who used force on the man and his stepfather, that their actions may be considered to have breached standards of professional behaviour.

Officer A, who used the incapacitant spray, provided their rationale for using it, stating that the man had already assaulted them once and that his strength and aggression were putting them and their colleague at a high risk of harm.

Evidence indicated that Officer A had failed to communicate effectively that they were arresting the man, as well as the reason for the arrest, at an early stage. We were of the view this was an omission and not a deliberate act and, that it did not amount to misconduct. We were of the opinion that Officer A should be reminded of the importance of clearly communicating the reasons for an arrest to avoid confusion, and hopefully reduce the chances of similar situations occurring.

Evidence showed that Officer A did not provide the man with aftercare after using the incapacitant spray, which is against policy. We were of the view that this could best be addressed by words of advice via their manager to ensure that Officer A recognises their responsibilities following the deployment of incapacitant spray.

Evidence also indicated that, although Officer B had some physical contact with the man, they did not use force on him.

There was no evidence to support how the man sustained his injuries. It was concluded that the force used by Officer A to detain and arrest the man was reasonable, necessary and proportionate.

Our investigation highlighted some areas for improvement for the force. The first one was around reminding officers of the need to submit complaints forms to the force’s Professional Standards Department without delays. The second related to the need to record and disclose DSI (death or serious injury) matters on the system for the criminal justice services department; particularly the response supervision team.

We completed our investigation in June 2019.

After reviewing our report West Midlands Police agreed that Officer A would have a conversation with their manager regarding the issues raised in our report. The force also advised that it would look into the learning matters we raised.