Investigation into police actions relating to a stop and search – Cumbria Constabulary, June 2023

Plain clothed police officers received intelligence about a Black man in possession of controlled drugs travelling on a train.  

A 17 year old Black child was stopped by officers when he got off the train. He was placed in handcuffs and subject to a stop and search. He was then taken to the police station for a strip search. The child’s age was not recognised and an appropriate adult was not present for the strip search.

The child’s mother complained to Cumbria Constabulary about the treatment of her son.

We decided to independently investigate the complaint. We examined the grounds for the stop and search; the use of handcuffs; the actions, decisions and application of the searches; and what evidence there may be that the child’s race and/or age played a part in the decisions and actions of the police. We also analysed whether the actions of the police officers were in accordance with local and national policies, procedures and guidance. 

Our investigators reviewed body worn video (BWV) footage of the officers who went to the incident and CCTV footage from the police station. Radio transmissions and calls to the police were considered, along with the stop and search record. Training course content was obtained, along with officer training records.

We reviewed and considered local and national policy and guidance. The officer’s decisions and actions were analysed against guidance and training.

We concluded there was no indication that a person serving with the police committed a criminal offence. There was an indication that five officers may have behaved in a manner that would justify the bringing of disciplinary proceedings. All five of the officers provided self-prepared statements. Four of those officers were interviewed under misconduct caution. Statements were also obtained from the officers who witnessed the incident.

There were outcomes for three officers in this investigation and they attended a misconduct meeting. The chair of the meeting decided there was a breach of the Standards of Professional Behaviour but this did not warrant disciplinary action. The officers were instructed to undertake the Reflective Practice Review Process. This encourages officers to discuss what happened with their line managers, while exploring opportunities for learning, development and improvement. This has now taken place. 

We carefully considered whether there were any learning opportunities arising from the investigation. We make learning recommendations to improve policing and public confidence in the police complaints system and prevent a recurrence of similar incidents. 

We recommended that the force amend its BWV, use of force, and stop and search policy and procedure. They should be in-line with the College of Policing’s Authorised Professional Practice (APP) and the National Police Chiefs’ Council’s BWV guidance (issued in 2022 and revised in 2023). The force has made this amendment.

We recommended that the force review its stop and search training which explores issues of adultification, cultural awareness and safeguarding. This should also apply to any related training packages. This review should decide whether existing training which covers these issues needs to be updated, or whether new training needs to be created. The force has engaged with us on this recommendation and are due to adapt their training.