Officers actions in water pistol arrest incident were reasonable, investigation finds

An IOPC investigation into an incident where armed police arrested a 13-year-old boy who had been playing with a water pistol, has found that the actions of the officers involved were reasonable in the circumstances.

We began an independent investigation in October 2023, following complaints made by the child’s mother about the actions of officers during the incident, in Hackney, east London, on 19 July 2023. The complaints included allegations of adultification and discrimination by officers against the child, who is Black.

IOPC regional director Charmaine Arbouin said: “We know that this incident was distressing to the child involved and his family. Being arrested, handcuffed and searched by armed officers would have been a frightening experience for anyone, let alone a 13-year-old. We note the Met Police has apologised to the boy’s family for the distress caused.

“Police officers have a duty to protect the public from harm and the evidence from our investigation supported the first officer’s belief that he thought he may have seen a real firearm.

“The decision to send armed officers to the scene following the report of a firearm was in line with guidance and based on the evidence we obtained we found no indication that any officers behaved in a manner that would justify bringing disciplinary proceedings.”

We established that at around 3.45pm on 19 July 2023, a Met officer reported that they had seen a male on a bicycle pull out what appeared to be a handgun and point it at a female on Buxted Road, before they both cycled off. He described the firearm as “blue and white” and “shaped like a glock” and the male’s age as approximately 16.

The matter was declared a firearms incident by a tactical firearms commander and armed officers from both the Met and the City of London Police were sent to the area to locate the child.

Shortly before 4pm, armed response officers saw the child alone on Buxted Road cycling towards them and used their vehicle to make tactical contact with his bicycle at low speed, which knocked the child into a wall.

He was surrounded by armed officers with their weapons drawn and was arrested and handcuffed on the ground. An officer asked the child where the gun was and he said it was a water gun and “it’s at home”. At the same time a member of the public can be heard repeatedly telling the officers that the child had a water gun.

The child was searched and no item was found. The child’s mother was made aware of the incident and attended the scene, where she spoke to the officers and confirmed that her son had been playing with a water pistol. The boy was dearrested, his handcuffs were removed and officers left the scene.

The child went to hospital and was treated for bruising and swelling due to the collision with the police vehicle.

The child’s mother provided our investigators with a screenshot of the type of water pistol purchased, which matched the description of what was observed at the time by the officer and a witness (see first image below).

We examined the decision to send firearms officers to the scene, the arrest of the child and the level of force used. We also investigated the steps taken to protect the child’s welfare, officers’ communication with his mother and the allegations of adultification and discrimination.

The officer who reported seeing a firearm stated that he saw what he believed to be a firearm. He denied that his actions were influenced by the child’s ethnicity and also denied allegations of adultification, given that he reported the male as being a child, aged around 16. We also found no evidence to suggest the officer’s actions were influenced by the child’s race.

We found that the evidence supported the officer’s concern that the object he saw could appear to have been a genuine firearm. The officer told us that while it was blue and white, he knew that firearms can be adapted or made colourful to avoid suspicion. A firearms expert from the National Crime Agency, stated that the water pistol had the general appearance of a self-loading pistol - similar to blank firers, which are available for retail purchase and have been found by police as being converted to fire live ammunition (see second image below).

We also found that the driver of the armed response vehicle, who used force to stop the child by driving into his bicycle, should not face any disciplinary proceedings. This tactic used by the officer – close quarter containment – is an approved technique that was authorised by the tactical firearms commander. The evidence suggests this tactic was appropriate given that the officer had an honestly held belief that the child had a firearm. We also found the decision to handcuff the child was reasonable given the belief at that point that the child may possess a firearm.

During the investigation, we analysed police incident reports and digital evidence including body worn video and police dash cam footage. We reviewed relevant policies, procedures and legislation. Two officers were interviewed and their training and complaint history was obtained and analysed. Investigators also gathered statements from several eyewitnesses and obtained advice from experts, including an armed policing specialist from the College of Policing.