Complaint regarding use of force - West Yorkshire Police, February 2019

On 8 February 2019, a man telephoned West Yorkshire Police (WYP) and reported a domestic incident with his partner at her flat. He left the flat to go to a place of safety and waited there for police officers to come and talk to him. WYP graded the incident as an emergency and tasked officers to visit the flat. The man’s partner refused to co-operate with the police and there was insufficient evidence to suggest a crime had been committed, so the officers left.

Shortly afterwards the same officers were tasked to meet with the man. When they arrived, they witnessed what appeared to be the man attacking his partner with a weapon while she was on the ground. One of the police officers tackled the man and took him to the ground. As a result of this tackle the man sustained seven broken ribs and a punctured lung. The man subsequently made a complaint to WYP that the officers had assaulted him.

During the investigation our investigators studied CCTV footage from a nearby retail establishment and obtained witness statements from the officers involved and the injured complainant. All WYP officers and staff co-operated with this investigation. Investigators also examined relevant documentation related to the incident and considered the officers’ actions against local and national policy and legislation.

The officer’s stated belief was that he honestly believed the man was assaulting a person on the ground with a metal bar and, as a result, took decisive action to protect both that person and the officers themselves from harm, by tackling the man to the ground. The CCTV footage, the second officer’s account and the man’s own account support the officers’ interpretation of the incident they were faced with as soon as they arrived at the scene.

While the available evidence indicates that the man’s injuries were caused by his interaction with WYP officers, it does not support his complaint that he was assaulted by a WYP officer and therefore that the use of force was unreasonable and/or excessive.

Based on the evidence available we were of the opinion that the officers had justified their use of force, and considered their actions to have been reasonable and proportionate in the circumstances. We were also satisfied that the officer’s use of force was not excessive and was necessary, and that the man’s injuries were an unintended consequence.

On the basis of the evidence collated during the investigation, there was insufficient evidence to support the man’s allegations, and so we did not uphold the man’s complaint. We completed our investigation in May 2019.

After considering our report, WYP agreed with our findings.