Complaints of use of excessive force during arrest - Thames Valley Police, March 2016

Published 04 Oct 2018
Investigation

On 5 March 2016 two Thames Valley Police officers attended a property in Milton Keynes in relation to a domestic incident. A woman was arrested for breach of the peace. During the arrest the woman sustained a broken arm. Officers called for an ambulance, but it did not arrive and the woman was taken to hospital by the police.

The next day the woman made a complaint to us alleging that she was hit on the arm prior to it breaking. The investigation also raised concerns about the language used by one of the officers prior to the woman’s arrest.

During the investigation our investigators interviewed the two officers involved. They also obtained statements from witnesses, including a member of the public who was engaged in an official ride along with the officers, the injured woman and her family members who were present in the property. We also examined relevant documents and procedures, including medical evidence.

The investigation found that, based on the available evidence, the decision to arrest the woman was in line with policy. The evidence suggested that, due the level of injury sustained by the woman, the officers’ use of force may have been excessive and that their actions during the restraint contributed to the injury.

The evidence also indicated that one of the officers’ use of language when dealing with the woman may have exacerbated her response both to him and the other people present.

The investigation found that there was sufficient evidence upon which a reasonable tribunal could conclude that two officers had a case to answer for misconduct in respect of the level of force they used when restraining the woman. We also recommended that one of the officers may benefit from further training in relation to conflict resolution, and specifically communication skills.

After reviewing our report, Thames Valley Police determined that neither officer had a case to answer, but advised management action. We agreed with their determination for the officer who assisted in the arrest but did not restrain the arm which was broken. However, we recommended misconduct proceedings for the officer who broke the woman’s arm. This was accepted by Thames Valley Police.

A misconduct meeting found that the officer had failed to use appropriate verbal commands and used tactics inappropriate in a confined space. It was also found that the officer’s use of language was inappropriate. It was decided that these actions did not amount to misconduct, but that there were significant concerns resulting in the officer receiving management action and refresher training.

IOPC reference

2016/062656