Response to a woman being injured while in custody - West Yorkshire Police, July 2016

On 22 July 2016, West Yorkshire Police officers arrested a woman for breach of the peace and took her to a custody suite. While in the holding cell, with an officer present, the woman fell to the floor, landing on her right hip, and screamed. Officers attempted to sit the woman up but she seemed unable to and asked to see a doctor. The custody nurse examined the woman but did not think that the woman had broken any bones. Three officers lifted the woman and carried her to the charge desk, holding her by her arms.

The custody officer telephoned for an ambulance. Having been told there was a four-hour wait, officers discussed taking the woman to hospital in a police van, which the woman agreed to. After having a conversation with the custody nurse, who said they did not believe the woman had broken her hip, officers decided to take the woman to a CCTV cell to be observed.

At approximately 11.40pm, officers explained to the woman that there had been a change of plan and that she was to be placed in a cell and seen by the nurse. An officer brought an office chair and lowered the woman on to it while the woman screamed out in pain. The woman was wheeled to the cell backwards while sitting on the chair, which the woman claimed caused her ‘unbearable pain’. In the cell, three officers lifted the woman on to the cell bench, while the woman cried out. A note was made on the custody record that the ambulance had been cancelled.

From midnight, officers made a number of checks on the woman, mostly through the spy hole or door hatch. Notes that the woman was complaining of pain were made on the custody record on several occasions.

At 3.05am, the custody nurse examined the woman again, following which an officer made a telephone call asking for the woman to be taken to hospital, although it was not clear to whom they made the call. At 7.26am, following a shift handover, an officer telephoned the Yorkshire Ambulance Service to request an ambulance and at 8.16am, the woman was taken to hospital in an ambulance. She was diagnosed with a fractured hip.

During the investigation, we identified an indication that seven of the officers involved in the woman’s detention may have behaved in a manner that would justify the bringing of disciplinary proceedings and we interviewed them under the misconduct caution. They refused to answer questions put to them. We also found an indication that the custody nurse may have behaved in a manner that would justify the bringing of disciplinary proceedings and also interviewed them. The custody nurse co-operated with our investigation and answered all questions asked.

As part of the investigation we also obtained and reviewed CCTV footage from the custody suite, and the woman’s custody record. We also obtained a witness statement from the woman.

Based on the CCTV footage we were of the opinion that the woman sustained the injury when she fell on the floor in the custody suite. There was no evidence to suggest that the officer present then was responsible for this in any way.

Based on the evidence available the Lead Investigator was of the opinion that a reasonable tribunal, properly directed, could find misconduct in respect of six of the officers. The Lead Investigator was also of the opinion that the performance of the custody nurse, who co-operated fully with the investigation, did not amount to misconduct but could be considered unsatisfactory. West Yorkshire Police informed the local healthcare trust so they could deal with this matter.

After reviewing our report and taking into account further considerations, West Yorkshire Police held misconduct meetings for all six officers.

At the meetings, misconduct was not proven for four officers and no further action taken. Misconduct was proven for one officer, who received management action. Another officer was found to have a case to answer for misconduct and received a written warning as well as management action.