Complaint regarding inappropriate remarks made by officer - West Midlands Police, September 2017

Published 26 Feb 2019
Investigation

In September 2017 West Midlands Police (WMP) received a complaint that one of their officers had made inappropriate and unprofessional comments towards a man while searching a property in Coventry. A number of WMP officers had arrived at the property on 24 August 2017 to arrest a man. When they arrived, the man was not there, but they spoke to three persons who were present (none of whom was wanted by the police). During the interaction, one of the three occupants filmed the officers on their mobile phone, initially without the officers being aware of this. On the footage, one of the officers can be heard making inappropriate comments of a discriminatory nature.

During the investigation, our investigators interviewed the officers and the persons present in the searched property, and examined relevant force documentation. We served four officers with notices informing them that their actions were under investigation. Investigators also reviewed footage from the incident.

Our investigation found evidence that the officer made the comments in front of a fellow officer, who failed to challenge or report the inappropriate behaviour.

We also obtained evidence showing that a supervising officer had failed in their duties and responsibilities, namely failing to ensure force records were noted of the search or entry to a property.

Based on the evidence available we were of the opinion that the officer who made the remarks may have a case to answer for misconduct and should attend a misconduct meeting. We were also of the opinion that a second officer, who failed to challenge the officer when he made the remarks and to report his inappropriate behaviour, also had a case to answer for misconduct. As he had acknowledged his failings and reflected on his behaviour, we suggested this could be dealt with by way of management action. We also found that the performance of the supervising officer had been unsatisfactory.

After reviewing our report WMP agreed with our findings. At a misconduct meeting held by West Midlands Police in summer 2018 the case against the officer who had made the comments was found to be proven. The officer received a final written warning. The second officer received management action.

The supervising officer’s performance was addressed through learning and a debrief with their line manager.

IOPC reference

2017/092072