Complaint about contact with officers - Cleveland Police, September 2015

Published 12 Feb 2019

In the early hours of 20 September 2015, a woman was out drinking with friends in Middlesbrough. She got in a taxi to go home; the taxi driver could not get her address from her so he took her to Middlesbrough Police Station. She appeared to him to be asleep or unconscious in the back of the taxi. The taxi driver asked two Cleveland Police officers for help. The two officers spoke to the woman, directed her inside the police station, and told the front counter staff that she needed a taxi. The woman went into the police station, spoke briefly to a member of front counter staff and then walked away from the police station towards Middlesbrough town centre. The two officers drove past her as she walked to the taxi rank. Later that night, the woman was raped by another taxi driver, who was later convicted of the offence.

The woman’s mother made a complaint in June 2016 about the way in which the two police officers had dealt with her.

During the investigation, investigators analysed CCTV from Middlesbrough police station, and obtained statements from witnesses including the taxi driver, the friends who the woman had spent the evening with, and the police station front counter staff. Investigators also obtained evidence relating to Cleveland Police Professional Standards Department’s initial review of the incident and transcripts of the evidence that the two officers had given at the rape trial. We initially determined that there was an indication that the two Cleveland Police officers may have behaved in a manner which would justify the bringing of disciplinary proceedings and served them with notices of investigation. Both officers gave substantial written responses and so it was not necessary to interview them.

The Lead Investigator was of the opinion, based on the evidence available, that the woman was neither drunk and incapable, under the Authorised Professional Practice definition, nor liable to be arrested for being drunk and disorderly. The officers did not consider the woman to be vulnerable. Even if officers had considered the woman to be vulnerable, they still would not have had any lawful power to detain her, or any statutory duty to obtain medical attention for her.

Therefore, the investigation found no indication that any person serving with the police may have behaved in a manner that would justify the bringing of disciplinary or criminal proceedings.

However, our investigation highlighted some gaps in training within the force around vulnerability and risk. We found that neither officer had attended Cleveland Police’s training ‘Vulnerability and night time economy’, which was not mandatory for them. The training highlights a number of factors of what makes a person vulnerable. Two of these are ‘being under the influence of alcohol or drugs’ and ‘being alone’. The evidence indicated that the woman was vulnerable under that definition, and that neither officer recognised her as such. The training highlights a number of options for officers to consider when dealing with people who are vulnerable through drink or drugs.

After reviewing our report Cleveland Police agreed with our findings. The force also agreed to a wider delivery of the ‘Vulnerability and night time economy’ training and general vulnerability and risk training.

IOPC reference

2016/068347