Complaint of excessive use of force and lack of care in custody - Essex Police, November 2017

Published 03 Dec 2018
Investigation

On 13 November 2017 Essex Police officers were called to a domestic incident involving a man and his estranged partner. It is alleged that, following a brief foot pursuit, police officers used force to detain and arrest the man.

The man subsequently complained of leg pain. He was taken to Harlow police station at 8.27pm and a healthcare professional was called to attend to his leg at 8.47pm.

The healthcare professional saw the man at 2.17am and recommended he be taken to hospital. The hospital confirmed the man had sustained a closed fracture to his tibia and fibula.

Essex Police referred this matter to us as a death or serious injury referral. The investigation then became a complaint investigation when the man made a complaint regarding the force used to detain him and the delay in him being assessed by a medical professional.

During the investigation, our investigators obtained statements from the attending officers, the complainant, the healthcare professional and two custody sergeants at Harlow police station. Investigators also watched and analysed body worn video and CCTV footage of the incident.

After reviewing the evidence available, we were of the opinion that there was insufficient evidence upon which a reasonable tribunal, properly directed, could find misconduct against the police constable with regard to his use of force and care for the complainant. We noted there was a delay in the complainant being assessed by a medical professional, but found no evidence to suggest any failings by the force.

After reviewing our report, Essex Police agreed with our views.

IOPC reference

2017/094965