Recommendation - Metropolitan Police Service, November 2020
On 31 March 2020, three officers were on a routine patrol when they encountered two men, Mr A and Mr B, on the flat roof area of a residential building, who they believed to be smoking cannabis. The officers searched both men under Section 23 of the Misuse of Drugs Act 1971. The roof where they conducted the search is approximately 12 feet above the ground, and the edge is surrounded by a low wall. The BWV footage shows both men admitted to having smoked cannabis, and Mr A appears to be stumbling and is unsteady on his feet. As the search of Mr A was concluded, a resident of the building stepped out onto the roof area and began speaking with the officers. As the officers turned to speak with him, Mr A began stepping and stumbling backwards, leading him to fall off the edge of the roof. Mr A sustained serious head injuries, but has since made a full recovery.
IOPC reference
Recommendations
The IOPC recommends the Metropolitan Police Service reviews and amends their stop and search policies, procedures and training to include a routine risk assessment of the physical environment in which the individual has been stopped, and that this is considered together with the physical and mental condition of the individual prior to conducting the search. The amendment should require the officers to specifically consider the geographical location and surroundings of the stop, and any dangers associated with it, and to take action to mitigate any risks identified- such as relocating to a safer place- if possible.
This recommendation follows an investigation in which a young man, Mr A, sustained serious head injuries after falling from a flat roof. He was stopped and searched under the Misuse of Drugs Act 1971, as officers had reason to believe he was both in possession and under the influence of drugs at the time. Officers searched him whilst still on the roof area, which was enclosed by a low perimeter wall; the roof was approximately 10 feet high, with a sheer drop on the other side of the wall to a concrete car park below. Following completion of the search, a resident came out onto the roof area and began speaking with the officers; in this moment Mr A staggered backwards and fell over the edge of the wall and onto the ground below. When asked to detail the risk assessments they conducted throughout the incident, none of the three officers involved made reference to the the height of the roof and the low perimeter wall as risk factors, or how this risk may have been compounded by Mr A's apparent intoxication. Whilst the body-worn video shows that an officer remarked to Mr A that being "stoned" on a roof was "a bit dangerous", the officer did not appear to take steps to safeguard against these risks. It should additionally be noted that no existing policies or guidance on what may constitute a safe area in which to conduct a search could be identified.
Do you accept the recommendation?
Yes
Accepted action:
The MPS has considered and accepts the IOPC’s recommendation. The current MPS Stop and Search Policy toolkit has been reviewed and amended to reflect the IOPC’s recommendation.
The policy is currently in the consultation stage of development with our internal and external partners prior to its publication.
The wording has been approved by the MPS Stop and Search Lead and will be published on the MPS Stop and Search Policy Page and disseminated as a policy update to the MPS Stop and Search Leads on each Basic Command Unit. This will be completed by the end of February 2021. In the interim,an update will be published on the MPS internal website.
The wording of the policy has been amended to the following:
It is important everyone is kept safe during a stop and search and it is your responsibility to ensure it is a ‘safe searching environment’. A dynamic risk assessment should be made prior to any search being conducted using the RARA risk management framework (Remove the risk, Avoid the risk,Reduce the risk, Accept the risk).
Places
Always conduct a ‘visual sweep’ of the area prior to any search
Is the area level, stable and has sufficient lighting.Look for anything that could be used as a weapon.If the stop and search does take place at height because it is absolutely necessary and there are no other options available (such as within a flat, on a balcony or any elevated terrace), in addition to MPS working at height advice, ensure all windows are shut and create distance from edges/fences/railings.
Person
Follow the quality of encounter model (Explain, Ensure understanding, Record, Reassure) and recognise the impact stop & search has within our communities. Community impact is essential to having a more compliant and legitimate encounter.Are they suffering from the effects of drink, drugs or a medical illness? Consider a ‘safeguarding approach’ both during and after the search.Are they suffering with mental health problems? Consider support from external agencies and partners to ensure the individual is supported appropriately.
Person
If searching with colleagues have you agreed roles and responsibilities? Has someone been nominated as the covering officer or safety officer, is there capacity for an officer to engage with onlookers? Do they know they are doing these roles?Are you wearing gloves/masks?
Public
Are the public at risk from searching here?Do the public pose a risk to you?
The safety of everyone is paramount, so if it cannot be made safe consider moving (Codes of Practice says the search must be carried out at or near the place where the person stopped) or use a different policing tactic.
If working operationally at height the current MPS operational hazards advice takes precedent: “Officers may need to access height whilst pursing offenders or investigating crime. Where this spontaneous need is identified then unless absolutely necessary to save life then officers must not access any roof, void or area at height unless they have carried out a dynamic risk assessment to consider the roof type and condition, the height they will be at, safety features such as handrails and weather conditions.”
The MPS Continuous Policing Improvement Command has liaised with the MPS Safety and Health Risk Management Team. They have advised that the existing Dynamic Risk Assessment training, delivered to all police officers during their initial police training and the Policing Education Qualifications Framework programmes, is sufficient as it already provides training for these types of scenario.
The change in policy and associated considerations that increase emphasis will be notified to all officers. They will be advised to take environmental and physical factors into account when carrying out any Stop and Search activity and to record the decision making accordingly.