Use of force - West Mercia Police, November 2016

Published 31 May 2018
Investigation

On 29 November 2016 two West Mercia Police Community Support Officers (PCSOs) followed a man to his home as they were concerned about him stumbling in and out of the road as he was walking. A member of the public had told the two PCSOs that the man had been drinking and taking unknown pills. On arrival at the man’s home his condition began to deteriorate and he lost consciousness. The PCSOs immediately called for an ambulance.

The PCSOs noticed that a second man was present in the man’s home. He was sitting in a chair and appeared unresponsive.

A police officer attended the scene to provide assistance, at the same time as the paramedics arrived. As the paramedics were providing first aid to the unconscious man, the other man began to interfere by removing the oxygen mask placed on the unconscious man. The paramedics explained that they were trying to help the unconscious man, but the other man stood up and started to become aggressive, assaulting the attending officer and one of the PCSOs. The police officer used a distraction punch and three knee strikes to the upper thigh to gain compliance from the man.

During the investigation, investigators interviewed the officer, reviewed logs and airwaves and obtained statements from witnesses.

Based on the evidence available, the Investigator’s opinion was that the officer’s decision to use the second and third knee strikes on the man was necessary, legitimate and proportionate in the circumstances and was properly accounted for.

The Investigator concluded that there was insufficient evidence upon which a reasonable tribunal could conclude that the officer had a case to answer for misconduct.

After reviewing our report the force agreed with our findings.

IOPC reference

2016/076798