National recommendation - National Police Chiefs' Council, November 2023
We identified national learning following a review of a complaint by the wife of a suspect who was arrested on suspicion of historical sexual offences and took his own life whilst under investigation.
IOPC reference
Recommendations
The IOPC recommends that the National Police Chiefs’ Council considers reviewing its welfare/safeguarding information leaflet, or considers altering the wording contained within it, to ensure that it is clear that it is given because an investigation is happening and this is not the same as a charge or a finding of guilt.
This follows an IOPC investigation review where the complainant’s husband appears to have taken his own life within 48 hours of his arrest on suspicion of non-recent child sexual offences. The complainant raised concerns in respect of the welfare/safeguarding information issued to her husband. She feels the wording implied that her husband was guilty and contributed to the decision he made. The leaflet which was provided to the deceased person could be perceived to be determinative in nature in respect of the offences for which a person may have been arrested for and also mentions numerous types of sexual offences which were not applicable in this case, such as online sexual behaviour which was not a factor in the deceased persons arrest. Whilst the review found that officers complied with NPCC guidance in issuing the documentation to the complainant’s husband and it is acknowledged that the overall aim of the leaflet is to provide appropriate support and safeguarding to persons arrested on suspicion of sexual offences, following an examination of the information contained within the leaflet, the IOPC recommends that the NPCC considers reviewing the documentation to ensure it is fit for purpose.
Recommendation accepted:
I write to update you as requested in your formal 28A recommendation regarding a review by the NPCC lead of the letter handed to suspects of Online Child Abuse in relation to the support services available to them . Whilst the review found that officers complied with NPCC guidance in issuing the documentation to the complainant’s husband and it is acknowledged that the overall aim of the leaflet is to provide appropriate support and safeguarding to persons arrested on suspicion of sexual offences, following an examination of the information contained within the leaflet, the IOPC recommended that the NPCC considered reviewing the documentation to ensure it is fit for purpose.
I have considered the recommendation. By undertaking a review of the wording, I have complied with the recommendation which did not formally instruct that changes should be made. However I can inform you that as a result of the review the following change has been made namely the inclusion at the top of the letter as follows :
Please note that this support document is provided to you with no presumption of guilt on your part and is purely designed to help and support you at this time.
This has been sent to all force POLIT / OCAIT supervisors . Forces have been instructed to change the letter (as it is not held centrally ) to this revised version and it is to be included in the recently circulated online guidance for investigators , during which there is an enhanced guidance covering offender and family welfare.