Investigation into police response to welfare concerns – Bedfordshire Police, May 2022
In May 2022, Bedfordshire Police received a call from a third party that a man’s ex-partner, who was subject to a Domestic Violence Prevention Order prohibiting her from contacting him, had been at the man’s property earlier that day. When the man spoke to the police, he was described as distressed. Following the initial call, no units were deployed to the address.
The third party made a further call to police raising concerns that the man may have harmed himself as they had been unable to contact him. Officers arrived at the property, gained entry and located the man. The ambulance service arrived shortly after police and the man was declared dead.
During our investigation, we analysed the 999/101 calls, incident reports, radio transmissions, PNC records and digital evidence. We reviewed relevant policies, procedures and legislation and obtained officers’ training and complaint histories. We gathered statements from police witnesses and interviewed one detective constable under a misconduct caution.
Our investigation concluded in January 2023.
An inquest into the man’s death was held in December 2023.
Our investigation concluded there was no indication any police officer had behaved in a manner that would justify the bringing of disciplinary proceedings or had committed a criminal offence.
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.
In this case we identified areas for improvement and issued learning recommendations.
IOPC reference
Recommendations
The IOPC recommends that Bedfordshire Police ensure all relevant teams and individuals understand the correct implementation and enforcement of Domestic Violence Prevention Orders (DVPOs), including specific and detailed guidance on the grounds required for a civil breach to have taken place. This should be updated as appropriate when DAPOs are introduced.
This follows an independent IOPC investigation where a man took his own life following a series of domestic violence incidents involving his ex-partner that required police intervention
The man’s ex-partner was subject to a DVPO (Domestic Violence Prevention Order preventing her from contacting him directly or indirectly and going within 100m of his address).
Following the issuing of this order three potential breaches of the DVPO were observed by police, however the man’s ex-partner was not arrested on each occasion. Nor was she verbally ‘served’ with the DVPO (she had not been at court when it was issued).
The force’s specialist domestic abuse team provided incorrect internal advice, stating that DVPOs were not enforceable unless they were served on the subject. In fact, there is no requirement to serve a DVPO for it to be effective. The investigation also found evidence within the specialist domestic abuse team that the civil basis of the DVPO and the required grounds for arrest for breaching them were not understood.
A breach of a DVPO will be a civil contempt of court, treated as a breach of a civil order under s.63 of the Magistrates’ Court Act 1980
s.28(9) CSA 2010 provides the power for a constable to arrest without a warrant if the constable has reasonable grounds for believing that a person is in breach of the DVPO. Crime and Security Act 2010 (legislation.gov.uk) Where there is an indication of a breach then the perpetrator must be arrested and brought back to court.
It is not for any arresting officer to rationalise and/or justify if a breach has occurred, the officer just has to have reasonable grounds to believe that a perpetrator has breached the order and promptly act upon it by means of arrest to proactively protect the victim.
Accepted:
Recommendation 1 and 2 from the IOPC has been implemented in an internal review of our DVPN / DVPO policy (draft as attached – The final version will not be P023), which covers the areas raised by the IOPC.
This policy is just awaiting some final amendments before it will be uploaded to force policy library (hopefully completed by the end of August). This document will be shared with all departments for awareness and briefing to teams. Emerald will continue to provide training covering the DVPN/DVPO policy to other departments although this is delayed as we are focusing on delivering DA Matters.
An updated summary of our internal learning review and actions that came out:
1. To establish a comms gateway between the courts and police on bail decisions following failure of remand applications. For a Learning review for local CPS regarding court decision to release Flemons despite guilty plea to all offences - Action to be completed by Police and CPS.
All DA remand hearings and bail hearings attended by OIC or stand-in. Prevented previously due to Court Covid restrictions that are no longer in place.
2. To ensure ownership by response of breach of court bail offences and ensuring suspect circulated on PNC – Action for Chief inspectors of Bedfordshire Response teams.
Completed and briefed by CI’s for Response Team.
3. To establish a communication route map for managing upgrading of risk to High level, to ensure both OIC and line managers are made aware – Action to be completed by Detective Inspector of Emerald Unit.
Completed and briefed within DA Teams, PPU Hub and other departments.
4. To ensure the mandatory use of police systems check when dispatching officers to locations, to paint a historic picture/risk that maybe present – Being carried out by Force control room and Response.
Completed and briefed via FCR CI.
5. To ensure investigative staff are utilising there out of office on email and details as to whom to contact in an emergency – Action being completed by Detective Inspector of Emerald Unit.
Completed by DA DI’s and briefed to staff to ensure expectations embedded.
6. Procurement of DA Matters Training to address knowledge gaps across the force - Safe lives training scheduled for early 2022.
Completed – DA Matters training started in force August 2022.
The IOPC recommends that Bedfordshire Police ensure that all relevant officers and staff understand the necessity to update the Police National Computer with information regarding Domestic Violence Prevention Notices (DVPNs) and Domestic Violence Protection Orders (DVPOs). This should be updated as appropriate when DAPOs are introduced.
This follows an independent IOPC investigation where a man took his own life following a series of domestic violence incidents involving his ex-partner that required police intervention
Neither the man nor the ex-partner’s PNC record were updated with the details of the DVPO. The requirements for doing so can be found on:
The governments website under: The Crime and Security Act 2010 DVPN & DVPO Guidance: Domestic Violence Protection Notices (DVPNs) and Domestic Violence Protection Orders (DVPOs) guidance - GOV.UK (www.gov.uk)
The College of Policing website on Using DVPNs and DVPOs to make victims feel safer: Using domestic violence protection notices and domestic violence protection orders to make victims safer | College of Policing
These requirements include the following updates being put on PNC as soon as practicable:
details of the individual subject of a DVPO
date, time and court issuing the DVPO and its duration/expiry date;
list of the prohibitive conditions
power of arrest without warrant for a breach
OIC details and a 24/7 contact; and
the Domestic Violence Prevention Notice (DVPN) should be removed at this point from PNC.
Had the PNC been updated with the above information, the ex-partner may have been arrested for a breach of the DVPO, therefore, protecting the man from further harassment.
Accepted:
Recommendation 1 and 2 from the IOPC has been implemented in an internal review of our DVPN / DVPO policy (draft as attached – The final version will not be P023), which covers the areas raised by the IOPC.
This policy is just awaiting some final amendments before it will be uploaded to force policy library (hopefully completed by the end of August). This document will be shared with all departments for awareness and briefing to teams. Emerald will continue to provide training covering the DVPN/DVPO policy to other departments although this is delayed as we are focusing on delivering DA Matters.
An updated summary of our internal learning review and actions that came out:
To establish a comms gateway between the courts and police on bail decisions following failure of remand applications. For a Learning review for local CPS regarding court decision to release Flemons despite guilty plea to all offences - Action to be completed by Police and CPS.
All DA remand hearings and bail hearings attended by OIC or stand-in. Prevented previously due to Court Covid restrictions that are no longer in place.
To ensure ownership by response of breach of court bail offences and ensuring suspect circulated on PNC – Action for Chief inspectors of Bedfordshire Response teams.
Completed and briefed by CI’s for Response Team.
To establish a communication route map for managing upgrading of risk to High level, to ensure both OIC and line managers are made aware – Action to be completed by Detective Inspector of Emerald Unit.
Completed and briefed within DA Teams, PPU Hub and other departments.
To ensure the mandatory use of police systems check when dispatching officers to locations, to paint a historic picture/risk that maybe present – Being carried out by Force control room and Response.
Completed and briefed via FCR CI.
To ensure investigative staff are utilising there out of office on email and details as to whom to contact in an emergency – Action being completed by Detective Inspector of Emerald Unit.
Completed by DA DI’s and briefed to staff to ensure expectations embedded.
Procurement of DA Matters Training to address knowledge gaps across the force - Safe lives training scheduled for early 2022.
Completed – DA Matters training started in force August 2022.