Investigation into man’s death after drink driving arrest – West Midlands Police, August 2023

A man was arrested on suspicion of driving after drinking excess alcohol. He failed a roadside breath-alcohol test and was arrested. He was handcuffed and taken to custody.

The man became agitated while in custody. A strip search was authorised to check whether he may have anything on him that could be used to harm himself or others. The man physically resisted the search, so an irritant spray and leg restraints were used.

The man became unwell during the search and received medical attention from the on-duty health care professional in custody. An ambulance was called and the man was taken to hospital. The man sadly died in hospital.

We received a death or serious injury referral from the force. Members of the man’s family also complained about their interactions with the police and the way the man was treated.

We decided to independently investigate the actions and decisions of the officers and staff, including the way in which the man was searched, handcuffed and taken to custody, whether there were sufficient grounds to authorise and conduct a strip search, and if the force used to conduct the strip search was necessary, reasonable and proportionate.

We also considered whether the medical assistance given was appropriate, and if the actions of the officers when dealing with the man’s family were reasonable. We also investigated the actions and decisions of officers, staff and healthcare professionals against local and national policies, procedures and training.

Our investigators reviewed CCTV and Body Worn Video (BWV) footage of the incident, and considered statements given by police officers and staff. Members of the man’s family also gave statements.

We concluded there was no indication that a person serving with the police committed a criminal offence or behaved in a manner justifying the bringing of disciplinary proceedings.

We carefully considered whether there were any learning opportunities arising from the investigation. We make learning recommendations to improve policing and public confidence in the police complaints system and prevent a recurrence of similar incidents.

We did not identify any organisational learning in this case.