Contact with police before a man and a woman die - Hertfordshire Constabulary, June 2016
In June 2016 Hertfordshire Constabulary arrested a man for offences against his ex-partner, whom he had previously been convicted of assaulting. The man was interviewed and bailed to return to the police station in 18 days. He was bailed to an address eight doors away from his ex-partner, with conditions not to enter her road or contact her directly or indirectly. She was assessed as a high-risk domestic abuse victim.
Two days after his arrest, the man allegedly breached his bail conditions by contacting his ex-partner and turning up at her address. She provided a statement, but no other action was taken by police in relation to this.
On his bail-to-return date, the man was re-bailed by the investigating officer instead of being charged for the offences. The next day, both the man and the woman were found dead. Hertfordshire Constabulary began a criminal investigation into their deaths, which concluded that he had killed her, then taken his own life.
During our investigation, our investigators interviewed four officers, and put written questions to three officers regarding their decisions and actions in relation to the man and woman.
The Lead Investigator concluded there was evidence upon which a reasonable tribunal, properly directed, could find gross misconduct on behalf of one officer, and misconduct on behalf of two officers and a police member of staff. We concluded our investigation in November 2017.
Hertfordshire Constabulary reviewed our report and we had further discussions with them.
One officer was subject to a misconduct meeting regarding their decisions and actions around bailing the man. Misconduct was found to be not proven at the meeting and no further action was taken.
Another officer was subject to a misconduct (instead of gross misconduct) meeting in respect of seven allegations. At the meeting, four of the allegations were found proven, including taking no action against the man in light of evidence that he had breached bail conditions, failing to progress the matter, and failing to make a referral to the Crown Prosecution Service. The officer was given a written warning.
Another officer attended a misconduct meeting, where three out of four allegations were found proven, including failing to adequately supervise the case and the investigating officer, and failing to manage bail periods effectively and the breach of bail. The officer received management advice, a disciplinary outcome.
The force was of the opinion that the actions of the police member of staff had been an oversight. As the member of staff’s performance had already been addressed, we agreed that no further action was required.
In spring 2019 an inquest was held into the deaths of the woman and her ex-partner. The jury concluded the man had died by suicide, and that the woman had been unlawfully killed, which was “contributed to by the lack of communication between all parties, and the lack of visibility within and between authorities regarding [her] ex-partner’s breach of bail conditions”.
IOPC reference
Recommendations
During this investigation it became apparent that rest day workers volunteering in DAISU were working on domestic abuse investigations, but did not have access to DAISU files. Hertfordshire Constabulary should therefore ensure all officers/staff involved in the investigation of a domestic abuse incident have access to all relevant systems that hold documentation.
Do you accept the recommendation?
Yes
Accepted action:
There is now a framework between DAISU Senior Managers and the Resourcing Manager which means only staff who are trained and familiar with DAISU operating procedures can be accepted into the cohort of volunteers. Training is provided ‘in house’ via a ‘mentor’ system for officers who join the cadre for selection.
Hertfordshire Constabulary should make the outcome of domestic abuse risk assessments easily accessible and identifiable to those involved in the investigation.
Do you accept the recommendation?
Yes
Accepted action:
All Risk Assessments are held in Family Front Sheet records and these are accessible to all staff deployed in DAISU. This position will improve further in May 2018 when the risk assessments will be ‘pole’ lined to subjects on the incoming Athena operating system.
Hertfordshire Constabulary should require officers to document the rationale for any change in risk for domestic abuse victims.
Do you accept the recommendation?
Yes
Accepted action:
There are current variables of recording rationales (including Family Front Sheets, CIS and on the Risk Assessments). However, all methods are accessible to DAISU staff. The Athena system will capture rationales against the pole system from May 2018.
Hertfordshire Constabulary to consider implementing mandatory risk assessments for domestic abuse victims when the alleged perpetrator breaches their bail conditions, or, where a risk assessment has been conducted and remains appropriate, revisit the victim’s safety plan.
Do you accept the recommendation?
No
Whilst risk assessments will routinely be refreshed when bail breaches occur, there will be very low level breaches which do not change the risk in any way, and where the creation of fresh risk assessments would be disproportionate.
Hertfordshire Constabulary to consider formalising the process between custody and DAISU in relation to deciding whether to bail a suspect. The current Hertfordshire Standard Operating Procedure (SOP) on Bail states the decision to bail (with or without conditions) is the responsibility of the custody sergeant. In practice, the DAISU DS makes these decisions, which are then approved by the custody sergeant.
Do you accept the recommendation?
Yes
Accepted action:
Since the reforms on bail act provisions in 2017, the single decision maker on bail in Hertfordshire is the Custody Officer. The DAISU Case Director makes recommendations to the Custody Officer.
Hertfordshire Constabulary to ensure any officer in charge (OIC) of a domestic abuse investigation is sufficiently qualified and suitable for the role.
Do you accept the recommendation?
Yes
Accepted action:
All DAISU staff now follow PIP Level 2 accreditation and there is also a pathway for Trainee Investigators.
Hertfordshire Constabulary to advise officers investigating incidents of domestic abuse, where the suspect has been bailed to return before charge, to complete the MG3 and seek a charging decision from the CPS in a timely manner, if the threshold or full code test are met, and not wait until the bail to return date.
Do you accept the recommendation?
Yes
Accepted action:
The DAISU Case Directors now require a strict submission of MG3 at least 3 days before bail dates are due.