Update on investigation into death of Mohamud Mohamed Hassan – further misconduct notices served

As part of the ongoing Independent Office for Police Conduct (IOPC) investigation into police contact with Mohamud Mohamed Hassan prior to his death, notices of investigation have recently been served on three further South Wales Police officers and one custody detention officer. In addition, the police officer previously served has received an updated misconduct notice.

Three of the notices relate to when Mr Hassan was in custody at Cardiff Bay police station, and two concern the actions of officers who attended the Newport Road address on the evening of Mr Hassan’s arrest.

In terms of Mr Hassan’s period in custody, we have served:

• a notice at gross misconduct level on a police officer that they may have breached police professional standards of duties and responsibilities, and honesty and integrity. We are examining the adequacy of welfare checks carried out and whether these were in line with required standards, and entries the officer made on the custody record;
• a notice at misconduct level on a police officer concerning their use of force while escorting Mr Hassan shortly after he arrived at the custody suite; we are examining whether the use of force was necessary, proportionate and reasonable in the circumstances;
• a notice at misconduct level on a custody detention officer that they may have breached police professional standards of duties and responsibilities concerning the adequacy of welfare checks carried out, and whether these were in line with required standards.

In terms of the evening of Mr Hassan’s arrest for alleged breach of the peace, we have served notices at misconduct level on two police officers concerning their decision-making on use of force on Mr Hassan when at the property. We are considering whether the use of force was necessary and proportionate in the circumstances.

Service of a misconduct notice does not necessarily mean an officer has committed any wrongdoing. It is to notify an officer that their conduct is being investigated. The most serious sanction that can be imposed if an officer is subsequently found to have breached professional standards at gross misconduct level is dismissal, and at misconduct level is a written warning.

Our independent investigation into the circumstances of Mr Hassan’s tragic death on Saturday 9 January is progressing.

IOPC Director for Wales, Catrin Evans, said: “In the course of an investigation, where an indication arises that an officer may have breached professional standards that may warrant a disciplinary sanction, we serve a disciplinary notice to advise them they are subject to investigation. We have updated Mr Hassan’s family and South Wales Police about the further misconduct notices. We keep misconduct notices under review during the course of an investigation. At the conclusion the IOPC decides whether any officer under notice has a disciplinary case to answer. As I have urged before, an investigation like this does take time and we would ask people to be patient while the investigation runs its course.”

**Update on 29 April – We have now served a notice at the level of misconduct on a custody sergeant who was on duty during Mr Hassan’s detention. This notice relates to the quality of the risk assessment undertaken on Mr Hassan when in custody. Notices have previously been served on four other police officers and one custody detention officer as part of our ongoing investigation. One of the notices for a police officer is at gross misconduct level, the remainder are at misconduct level. Service of a misconduct notice does not necessarily mean an officer has committed any wrongdoing. It is to notify an officer that their conduct is being investigated.