Complaint of use of excessive force - Humberside Police, November 2016

On 26 November 2016 a Humberside Police officer stopped a man in Bilton, Humberside, on suspicion of driving while under the influence of alcohol. The officer arrested and restrained the man at the scene. During his restraint, the man sustained a serious injury to his upper arm. The man was taken to hospital for X-rays, where it was confirmed his arm was broken.

The man’s wife made a complaint to the force, who referred it on to us.

During the investigation, our investigators interviewed the arresting officers, viewed footage of the incident and contacted a use of force expert.

We found that the officer’s account conflicted with that of the man and the injury he sustained. Given the nature and extent of the man’s injury, the Lead Investigator was of the view that the use of force in this instance may be considered disproportionate, and that there was sufficient evidence upon which a reasonable tribunal, properly directed, could find gross misconduct in respect of the officer for the level of force used during the man’s arrest.

After reviewing our report, the force disagreed with the Lead Investigator’s findings and considered that the officer did not have a case to answer. They cited amongst other things the report from the use of force expert, which concluded that the officer’s use of force was in line with training.

We considered their rationale and agreed with their determinations. No further action was taken against the officer.