Recommendation - Merseyside Police, April 2022
We identified organisational learning following a review of a complaint dealt with locally. The complainant raised numerous allegations against Merseyside Police officers in respect of her arrest and detention, including an allegation of an appropriate adult not being allocated during her interview.
IOPC reference
Recommendations
The IOPC recommends that Merseyside Police takes steps to ensure that custody staff, in particular custody officers, understand when detained persons require an Appropriate Adult. This should include consideration of:
- Issuing communications to custody officers reminding them when an adult detainee should be treated as vulnerable and therefore requires an Appropriate Adult.
- Providing refresher training to support staff identify when an adult detainee requires an Appropriate Adult.
- Reviewing processes and procedures to ensure custody officers review and take account of advice by healthcare staff in relation to whether an adult detainee requires an Appropriate Adult.
This recommendation follows an IOPC review into a complaint where a Complainant was not provided with an AA, despite custody staff being made aware that she was mentally unwell and would require an AA.
The Complainant informed the arresting officers and custody staff that she had mental health illnesses. The Complainant was seen by a HCP and a mental health team during her detention who both recommended that she required an AA. Additionally, the Complainant’s daughter telephoned custody to inform them that the Complainant would require an AA and an emergency prescription was made for medications. This was all recorded on the custody record, but it was not communicated to or picked up by the custody staff.
Due to this, the Complainant was initially interviewed without an AA present, and it was only following the suspension of the initial interview where the Complainant requested legal advice that the custody staff reviewed the CJMHT assessment and requested an AA. The Complainant was then interviewed for a second time with an AA and solicitor present.
The IOPC has been provided with training slides by Merseyside Police titled, “Appropriate Adult Provision for children/vulnerable adults in custody” which state “If at any time an officer has any reason to suspect that a person of any age may be vulnerable (see paragraph 1.13(d)), in the absence of clear evidence to dispel that suspicion, that person shall be treated as such for the purposes of this Code.” In this particular matter, it appears that this guidance was not adhered to.
Do you accept the recommendation?
Yes
Accepted action:
Merseyside Police acknowledge the findings and recommendations of IOPC which recommend Merseyside Police take steps to ensure that custody staff, in particular custody officers understand when detained persons require an appropriate adult. This should include consideration of;
Issuing communications to custody officers reminding them when an adult detainee should be treated as vulnerable and therefore requires an appropriate adult
Providing refresher training to support staff identifying when an adult detainee requires an appropriate adult
Reviewing processes and procedures to ensure custody officers review and take account of health care staff in relation to whether an adult detainee requires an appropriate adult
Merseyside police provide regular training for all Custody Sergeants and Detention Officers as part of their initial training and continuous professional development. This training includes a focus on identifying vulnerability and the requirement for an appropriate adult in accordance with The Police and Criminal Evidence Act 1984 and Authorised Professional Practice (APP). Upon completion of initial training Custody Sergeants and Detention Officers undergo a period of mentoring within the custody environment to consolidate their learning.
In addition to this initial training, Custody staff receive additional role specific training every eight weeks to ensure their knowledge is up to date in line with national developments and Authorised Professional Practice.
In response to this specific learning recommendation all custody staff have been reminded of their obligations under the Codes of Practice and APP, including the importance of checking recommendations made by Health Care Practitioners regarding the requirement for an appropriate adult. This will continue to form part of our regular refresher training to ensure individuals are provided with the support they need during their period in police custody.