Complaints of excessive use of force - Greater Manchester Police, November 2015
In the early hours of 9 November 2015 Greater Manchester Police (GMP) officers attended reports of shouting at an address in Bolton. When officers arrived, the property was in darkness. They knocked and were allowed entry by a man. A struggle then took place between the officers and the man, resulting in the man being punched to the face. He was then arrested for assault police and taken to the police station.
While in custody the man asked to see a healthcare professional. After being examined, he was taken to hospital for assessment and treatment, and came back to custody a few hours later. His injuries were listed as “soft tissue damage to the wrist and shoulder…. fractured eye socket and nose.”
The man later complained that the force used by the officers was excessive and unnecessary, and that he was not taken to hospital in a timely manner. The complaint was referred to us and we carried out an investigation.
Because of a parallel police investigation, we were unable to start our investigation into the man’s complaint until August 2016.
During the course of the investigation our investigators took accounts from the man, his partner and the officers who went to his home. The man’s injuries were not confirmed as he didn’t attend his hospital follow-up appointments.
Based on the evidence available, we were of the opinion that three of the officers may have breached the standards of professional behaviour and may have a case to answer for gross misconduct for their use of force on the man. We were also of the opinion that there was insufficient evidence upon which a reasonable tribunal, properly directed, could find a case to answer for misconduct for any of the officers in relation to the man’s treatment in custody. We completed our investigation report and sent it to GMP in July 2017.
We also sent the report and a file evidence to the Crown Prosecution Service (CPS) so they could consider any criminal charges.
After reviewing our report, GMP agreed in September 2017 to hold a gross misconduct hearing for all three officers.
In November 2017 the CPS returned their decision not to file any charges for the officers.
Following the CPS decision, GMP contacted us in January 2018 to revise their original determinations. After an extensive exchange of views between us, the force agreed in March 2018 that the matter would go to a gross misconduct hearing.
The hearing concluded in November 2018 and the panel found that the case had not been proven against the officers. The panel found that the three officers acted honestly and instinctively when deciding in split seconds the level of force necessary to restrain the man, and that they were acting in pursuit of a legitimate purpose. No further action was taken.
The man was found not guilty of assault police in July 2016.