DOCSLIB.ORG

IPCC 17.05.13 FULL Independent External Review Report

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
IPCC 17.05.13 FULL Independent External Review Report Report of the independent external review of the IPCC investigation into the death of Sean Rigg Table of Contents Executive Summary.............................................................................................................................. 1 The cause of death .................................................................................................................................... 2 Investigation and analysis.......................................................................................................................... 3 Police conduct........................................................................................................................................... 3 Restraint.................................................................................................................................................... 3 The question of assault by the police......................................................................................................... 4 Identification of Mr Rigg............................................................................................................................ 4 Custody and care at the police station ....................................................................................................... 6 Medical care.............................................................................................................................................. 7 Call handling.............................................................................................................................................. 7 Community mental health care.................................................................................................................. 8 The jury’s narrative verdict at the Coroner’s Inquest.................................................................................. 9 The conclusions of the IPCC report .......................................................................................................... 10 The IPCC and the Rigg family.................................................................................................................... 11 IPCC independence and the role of Commissioners ................................................................................. 12 Limitations on the IPCC............................................................................................................................ 13 Securing evidence promptly .................................................................................................................... 15 The IPCC’s role......................................................................................................................................... 15 The standards to be applied by the IPCC.................................................................................................. 16 Methodology........................................................................................................................................... 16 Resources................................................................................................................................................ 17 Key Considerations and Recommendations ....................................................................................... 18 The IPCC’s role......................................................................................................................................... 18 Scope of IPCC investigations .................................................................................................................... 18 Issues for the IPCC in the light of the Coroner’s Inquest in the case of Sean Rigg...................................... 19 Critical analysis........................................................................................................................................ 19 Mental health issues................................................................................................................................ 20 Medical care in custody........................................................................................................................... 21 The duty of the police in relation to the IPCC........................................................................................... 21 IPCC and the family.................................................................................................................................. 22 IPCC methodology ................................................................................................................................... 22 Resources................................................................................................................................................ 23 I. Introduction to full report ................................................................................................................ 24 The approach of the Review .................................................................................................................... 25 II. The course of the IPCC investigation ............................................................................................ 27 The ‘Golden Hour’ ................................................................................................................................... 27 Securing the scene ............................................................................................................................... 28 Securing CAD and CCTV evidence ......................................................................................................... 29 Securing the evidence from the four police officers present at arrest .................................................... 30 Initial statements taken ....................................................................................................................... 32 Initial assessment by the IPCC on-call team .......................................................................................... 33 The first stage of the IPCC investigation: August 2008 through January 2009........................................... 34 Delays in interviewing the four police officers ....................................................................................... 34 Referral to the CPS ............................................................................................................................... 36 Interim IPCC report .............................................................................................................................. 37 The final IPCC investigation report ....................................................................................................... 37 The Coroner’s Inquest .......................................................................................................................... 39 III. Issues for the IPCC investigation.................................................................................................. 41 A. Community mental health care ........................................................................................................... 41 Short psychiatric and forensic history ................................................................................................... 42 Risk strategy in the weeks before 21 August 2008 ................................................................................ 43 Restriction options ............................................................................................................................... 44 Multi-Agency Public Protection Arrangements (MAPPA) ...................................................................... 45 Medication issues ................................................................................................................................ 46 Culturally sensitive psychiatric care ...................................................................................................... 47 999 calls from Penrose Hostel .............................................................................................................. 47 Conclusions .......................................................................................................................................... 48 B. The 999 calls........................................................................................................................................ 49 An integrated timeline of events .......................................................................................................... 50 Responses to the 999 calls ................................................................................................................... 54 Linking information .............................................................................................................................. 54 C. Identifying Mr Rigg .............................................................................................................................. 58 D. Identifying Mr Rigg as a person with mental health needs................................................................... 60 Guidance on policing and mental health issues .................................................................................... 61 Lack of sufficient clothing ..................................................................................................................... 62
Load more

Recommended publications
  • References Ready for Transfer to WORD
    City Research Online City, University of London Institutional Repository Citation: McIntosh, S. (2016). Open justice and investigations into deaths at the hands of the police, or in police or prison custody. (Unpublished Doctoral thesis, City, University of London) This is the accepted version of the paper. This version of the publication may differ from the final published version. Permanent repository link: https://openaccess.city.ac.uk/id/eprint/15340/ Link to published version: Copyright: City Research Online aims to make research outputs of City, University of London available to a wider audience. Copyright and Moral Rights remain with the author(s) and/or copyright holders. URLs from City Research Online may be freely distributed and linked to. Reuse: Copies of full items can be used for personal research or study, educational, or not-for-profit purposes without prior permission or charge. Provided that the authors, title and full bibliographic details are credited, a hyperlink and/or URL is given for the original metadata page and the content is not changed in any way. City Research Online: http://openaccess.city.ac.uk/ [email protected] Open Justice and Investigations into Deaths at the Hands of the Police, or in Police or Prison Custody By Sam McIntosh PhD Candidate CITY UNIVERSITY, LONDON LAW SCHOOL FEBRUARY 2016 i CONTENTS Table of Contents ii Table of Cases (England and Wales) x Table of Cases (ECtHR and ECmHR) xii Table of Cases (other Jurisdictions) xiv Table of Statutes and Bills xvi Table of Statutory Instruments
    [Show full text]
  • Contributed to Sean Rigg's Death
    Analysis UK: Police force “more than minimally” contributed to Sean Rigg’s death Trevor Hemmings The jury condemned a catalogue of police failings and refuted the findings of the Independent Police Complaints Authority. The circumstances of Rigg's death highlight the disproportionate treatment of black people by police and the difficulty of holding officers accountable for their actions. At the beginning of August 2012 a jury at Southwark Coroners Court delivered a highly critical narrative verdict at the inquest into the death of Sean Rigg, a black musician who died following contact with the police on 21 August 2008. After listening to seven weeks of evidence the jury unequivocally rejected the account given by police officers and in so doing refuted the findings of an investigation by the Independent Police Complaints Authority (IPCC). The jury found that the 40-year died at Brixton police station as the result of a cardiac arrest (and acute arrhythmia, ischemia and partial positional asphyxia) following a series of errors by the South London and Maudsley (SLAM) NHS Trust and the Metropolitan police. Coroner Dr Andrew Harris had ruled out verdicts of unlawful killing and neglect, but the jury said that the inaction of the NHS Trust and the actions of Brixton police had “more than minimally contributed to Sean Rigg’s death.” [1] The jury’s findings were greeted with spontaneous applause from the public gallery and praised by the Coroner who told its members: “You have demonstrated perspicacity and attention to detail in exercising your duty.” On the Inquisition form, the jurors had crossed out King’s College Hospital as the place of death and replaced it with Brixton police station – confirming the argument made by Sean’s family over the last four years that he had died on the floor of the police station [2].
    [Show full text]
  • Annual Report 2011/12
    Community-Police Consultative Group for Lambeth Artists courtesy of www.paintshopstudio.com Annual Report 2011/12 Have Your Say on Policing in London Annual Report 2011/12 Contents Page Chair's Report………………………..……………………………………………………..…………....2 Stop and Search Sub-Group Report…………………………………………………………………...8 Mental Health Sub-Group Report……………………………………………………………………..14 Safer Neighbourhood Panels' Report…………………………………………………………………15 Honorary Comptroller's Report………………………………………………………….……………..17 Finance…………………………………………………………………………………………………...22 including Annual Accounts Appendix: Membership….…………………………………………………………………………..….25 www.lambethcpcg.org.uk 1 Annual Report 2011/12 Chair’s Report During my time with the CPCG Lambeth I have seen many a cause championed and dire situations rescued with our intervention. I was also privileged to witness the creation of The Lambeth Black Families Forum (LBFF) this year chaired by our very own Sandra Moodie and Vince McBean from The West Indian and ex Service Personnel (WASP) and supported by Lambeth Police and the Council. An Inspirational moment In April 2011 saw: Ivelaw Bowman, Cheryl Sealy and Wesley Stephenson honoured by Operation Trident Occupational Command Unit with Commendations for work above and beyond the call. This was a moment where we all publicly acknowledged CPCG for Lambeth and the work we do as we believe: 'the group is the group and we stand for something together' I have seen the tears and despair of families coping with the loss of loved ones gunned down or tragically stabbed in their prime due to gang or area code issues or death following police contact. More alarmingly, is the on-going question of our youth service and the youth clubs available to them as their environment seems to be vanishing right before their eyes.
    [Show full text]
  • Health and Adult Services Scrutiny Sub- Committee
    b HEALTH AND ADULT SERVICES SCRUTINY SUB- COMMITTEE Date and Time: Tuesday 23 October 2012 7.00 pm Venue : Council Chamber, Lambeth Town Hall, Brixton Hill, SW2 1RW Contact for enquiries: Website: Anne Rasmussen www.lambeth.gov.uk/committee Democratic Services Officer Tel/Voicemail: 020 7926 0028 Lambeth Council – Democracy Live Fax: 020 7926 2361 on Facebook Email: [email protected] http://www.facebook.com/ Governance and Democracy @LBLdemocracy on Twitter Lambeth Town Hall, Brixton Hill, http://twitter.com/LBLdemocracy London, SW2 1RW To tweet about Council agendas, minutes or meetings use #Lambeth Despatched: Monday 15 October 2012 COMMITTEE MEMBERS: Councillors KINGSBURY, MARCHANT (Vice-Chair), FRANCIS, DAVIE (Chair) and C. WHELAN SUBSTITUTE MEMBERS: Councillors O'MALLEY, PATIL, DAVIES, BROWN, J.WHELAN and COSGRAVE AGENDA PLEASE NOTE THAT THE ORDER OF THE AGENDA MAY BE CHANGED AT THE MEETING Page Nos. 1. Declarations of Pecuniary Interests 2. Minutes of Previous Meeting 1 - 8 To agree the minutes of the meeting held on 11 July 2012 as a correct record of the proceedings. 3. St George's Healthcare NHS Trust - Inquest into the death of 9 - 18 Kane Gorny (Report no. 129/12-13) Contact for details: Elaine Carter, Lead Scrutiny Officer, 020 7926 0027, [email protected] 4. South London & Maudsley NHS Foundation Trust - Inquest into 19 - 30 the death of Sean Rigg (Report no. 135/12-13) Contact for details: Elaine Carter, Lead Scrutiny Officer, 020 7926 0027, [email protected] 5. The Annual Report of Lambeth Safeguarding Adult Partnership 31 - 124 Board 2011-2012 (Report no.
    [Show full text]
  • Phd Critical Document Submission
    Documentary practice as radical process in challenging dominant media and state narratives FERO, Kenneth Available from Sheffield Hallam University Research Archive (SHURA) at: http://shura.shu.ac.uk/23304/ This document is the author deposited version. You are advised to consult the publisher's version if you wish to cite from it. Published version FERO, Kenneth (2018). Documentary practice as radical process in challenging dominant media and state narratives. Doctoral, Sheffield Hallam University. Copyright and re-use policy See http://shura.shu.ac.uk/information.html Sheffield Hallam University Research Archive http://shura.shu.ac.uk Documentary Practice as Radical Process in Challenging Dominant Media and State Narratives Kenneth Fero Critical Appraisal submitted in partial fulfilment of the requirements of Sheffield Hallam University for the degree of Doctor of Philosophy on the Basis of Published Work. June 2018 Contents Abstract 2 Defiance 3 Framing the Approach 4 Connectivity 5 Commitment 7 Visualising Resistance 10 Defining Identity 11 Ideologies 33 Impact 37 Current Practice 45 Bibliography 50 Page 1 Abstract This critical appraisal of the submitted work outlines my position within radical documentary film making from Britain’s Black Legacy (1991) to Burn (2014). Exploring the works in relation to the political concerns during the periods of the time of practice, the notion of an uncompromising ‘documentary of force’ develops throughout the portfolio. Moving from broadcast interventions, thorough Third Cinema practices and explorations of ‘poetic testimonies’ the works use a hybrid of documentarist modes determined by the context of the time. A praxis develops using documentary film to utilise strategies of political, cultural, and cinematic interventions to build on latent militancy and challenge dominant media and state narratives on the core issues of race, class and state violence.
    [Show full text]
  • A Case Study of Custody Visiting
    REGULATING POLICE DETENTION: A CASE STUDY OF CUSTODY VISITING by JOHN KENDALL A thesis submitted to the University of Birmingham for the degree of DOCTOR OF PHILOSOPHY Law School University of Birmingham December 2016 i University of Birmingham Research Archive e-theses repository This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder. ABSTRACT This thesis investigates the work of custody visiting in police stations. Custody visitors make what are supposed to be random and unannounced visits to custody blocks in all parts of England and Wales. They check on the welfare of detainees being held in police custody, and they report their findings to the local Police and Crime Commissioner. Custody visiting is an important component of the criminal justice system, but it has been almost completely ignored by police scholars, and is largely unknown among the general public. The thesis analyses the character of official policy about custody visiting since the first “lay visiting” schemes in the early 1980s, through to the operation, from 2002, of the current statutory scheme known as “Independent Custody Visiting”. Using observation and face-to-face interviews in a local case study, along with wider desk and archival research and elite interviews, and drawing on Steven Lukes’ concept of power, this thesis is an original, in-depth investigation of this phenomenon.
    [Show full text]
  • Report of the Independent Review of Deaths and Serious Incidents in Police Custody
    Report of the Independent Review of Deaths and Serious Incidents in Police Custody Rt. Hon. Dame Elish Angiolini DBE QC January 2017 Contents Acknowledgments 5 Executive Summary 7 Background 7 Key findings 7 Guarding the Vulnerable 14 1. Introduction 21 Background 21 Terms of Reference 22 Families 23 Previous reports 23 Other Ongoing Reviews and Action 24 The Legal Framework 25 Trends in deaths in police custody and suicides following police custody 26 Summary 28 2. Restraint 31 Introduction 31 Mental Health and restraint 33 Positional asphyxia 35 Training 36 Length of prone restraint 37 Excited Delirium/Acute Behavioural Disturbance 38 Struggle and restraint 40 The safety officer approach 41 Alternatives to manual force 42 Transportation in police vehicles 45 Recording of police use of force 46 3. Intoxication 51 Introduction 51 Observation regimes 51 ‘Drying out’ Centres 55 Denial of healthcare to intoxicated detainees 57 Alcohol withdrawal 59 Training on intoxication 59 4. Mental Health 63 Introduction 63 Modern policing and mental health 67 The inappropriateness of police custody 68 | 1 Mental health training 69 Removing mentally ill people from the policing context 70 Arresting for criminal offences rather than section 136 of the Mental Health Act 1983 71 Detention under section 136 in the police station as a ‘place of safety’ 72 Liaison and Diversion Schemes 75 Avoiding detention under section 136 Mental Health Act 1983 76 Use of police officers to conduct restraint within mental health detention settings 77 5. Ethnicity 83 Introduction 83 Race and the investigative process 85 Stereotypical assumptions 87 Statistics on ethnicity 89 Accountability 91 6.
    [Show full text]
  • INQUEST Evidence Submission to the United Nations High Commissioner for Human Rights Report on “Systemic Racism, Violations Of
    INQUEST evidence submission to the United Nations High Commissioner for Human Rights report on “systemic racism, violations of international human rights law against Africans and people of African descent by law enforcement agencies, especially those incidents that resulted in the death of George Floyd and other Africans and people of African descent, to contribute to accountability and redress for victims” December 2020 Introduction 1. INQUEST Charitable Trust is an independent non-governmental organisation which provides expertise on state-related deaths and their investigation to bereaved people, lawyers, advice and support agencies, the media and parliamentarians. Our policy, parliamentary, campaigning and media work is grounded in the day to day experience of working with bereaved people. 2. Our specialist casework with bereaved families focuses on deaths in police and prison custody, immigration detention, mental health settings and deaths involving multi- agency failings or where wider issues of state and corporate accountability are in question, such as Hillsborough and the Grenfell Tower fire. INQUEST works primarily in England and Wales, and advises on a small number of cases in Scotland. We have also shared our expertise on the investigation of state related deaths and the treatment of bereaved people at an international level. 3. Over the past 40 years, INQUEST has advised and assisted countless bereaved families, including many families bereaved by deaths in contact with the police. As a result, we have a unique overview of the investigatory processes, the treatment of bereaved people and the issues arising from these deaths. We have worked consistently to strengthen the institutional framework for accountability for deaths in all forms of state detention and how this works in pursuit of goals of truth, justice and accountability for bereaved families.
    [Show full text]
  • Update on the Action Plan from the Review of the IPCC's Work In
    Update on the action plan from the Review of the IPCC’s work in investigating deaths Contents 1. Introduction pg 2 2. Purpose of the update report pg 2 3. What we have delivered pg 3 3.1 Independence pg 3 3.2 Scope and remit pg 5 3.3 Initial steps in assessment and investigation pg 6 3.4 Conducting the investigation pg 9 3.5 Engagement during investigations pg 11 3.6 Reporting outcomes and learning pg 17 4. Building the new IPCC pg 23 5. Conclusion and next steps pg 23 Page 1 of 31 1. Introduction One of our most important functions at the Independent Police Complaints Commission (IPCC) is the investigation of deaths involving or following contact with the police. It is important for the families of those who died that they know and understand what happened and why. It is equally important, for the police and for public confidence in policing, that these events are fully and independently investigated, that there is proper accountability for actions or failures to act, and that lessons are learnt. For that reason, in 2012 we decided to conduct a comprehensive review of our work in this area. This followed criticism and concerns about the approach, timeliness and thoroughness of some of our investigations. In March 2014 we published the final report of our review. The report included the feedback we had received and the actions that we would put in place to deal with the concerns raised during the review. The report included 61 actions, 22 of which we had completed before the report was published.
    [Show full text]
  • Custody Visiting: the Watchdog That Didn’T Bark Kendall, John
    University of Birmingham Custody visiting: The watchdog that didn’t bark Kendall, John DOI: 10.1177/1748895820967989 License: Creative Commons: Attribution-NonCommercial (CC BY-NC) Document Version Publisher's PDF, also known as Version of record Citation for published version (Harvard): Kendall, J 2020, 'Custody visiting: The watchdog that didn’t bark', Criminology and Criminal Justice, pp. 1-17. https://doi.org/10.1177/1748895820967989 Link to publication on Research at Birmingham portal General rights Unless a licence is specified above, all rights (including copyright and moral rights) in this document are retained by the authors and/or the copyright holders. The express permission of the copyright holder must be obtained for any use of this material other than for purposes permitted by law. •Users may freely distribute the URL that is used to identify this publication. •Users may download and/or print one copy of the publication from the University of Birmingham research portal for the purpose of private study or non-commercial research. •User may use extracts from the document in line with the concept of ‘fair dealing’ under the Copyright, Designs and Patents Act 1988 (?) •Users may not further distribute the material nor use it for the purposes of commercial gain. Where a licence is displayed above, please note the terms and conditions of the licence govern your use of this document. When citing, please reference the published version. Take down policy While the University of Birmingham exercises care and attention in making items available there are rare occasions when an item has been uploaded in error or has been deemed to be commercially or otherwise sensitive.
    [Show full text]
  • Written Evidence Submitted by John Kendall Phd, Visiting Scholar, Birmingham Law School (PCO0014)
    (PCO0014) Written evidence submitted by John Kendall PhD, visiting scholar, Birmingham Law School (PCO0014) 1. This submission addresses the fifth item in the terms of reference of the Committee’s inquiry into police conduct and complaints, namely whether further reforms are required to secure public confidence in the police conduct and discipline system. I am delighted to have been given this opportunity of bringing my research to the Committee’s notice. 2. Executive summary Police conduct in custody blocks is largely self-regulated: there is little outside scrutiny. Hundreds of thousands of people are processed each year in custody blocks, and some lose their lives there, including a disproportionately high number of BAME detainees. The statutory Independent Custody Visiting Scheme enables members of the public to make visits to police stations to check on the welfare of detainees. The original promoters of the scheme saw its principal purpose as being to deter police conduct which might lead to the abuse or death of detainees. Government policy has kept all references to this out of the scheme. Custody visitors are the only outsiders to make regular visits to detainees in their cells. Custody visiting forms part of the UK’s regulatory obligations under the United Nations treaty for the protection of detainees in custody, but the requirements of the treaty are not met. The power of the police, and official policy, prevent the visitors from making independent and effective scrutiny of what is going on in custody, and from reporting about it to the public. The custody visiting scheme therefore does not safeguard detainees, and it serves only to obscure the need for greater regulation.
    [Show full text]
  • Survey Highlights Stress and Mental Health Concerns
    The Police Federation of England & Wales www.polfed.org AprilPOLICE / May 2019 injuries #PoliceDemand #PoliceWelfare stress wellbeing trauma work-life staffing mental balance Survey highlights stress and mental health concerns Federation’s latest Demand, Capacity and Welfare survey gives an insight into the challenges facing officers across all ranks Editor: Catherine Feast April / May – in this issue: Federation House, POLICE Highbury Drive, Leatherhead, NEWS & COMMENT Surrey, KT22 7UY Tel: 01372 352000 5 Editorial P8 Weapons offences at highest for a decade Designer: Keith Potter 6 View from the chair: John Apter says the decision to cancel this year’s conference was taken with a heavy heart Advertising agents: Richard Place 6-8 Demand, Capacity and Welfare Survey Chestnut Media Progress on mental health, but much more to do Tel: 01271 324748 Government must recognise extreme stress in policing 07962 370808 The all too familiar safety fears of single crewing Email: [email protected] 9 Cyber attacks cause disruption for Federation Every care is taken to ensure 10 Anger over Home Office’s pay submission that advertisements are accepted 13 GPS tags ‘must not become a cost-cutting exercise’ only from bona fide advertisers. Giving student officers access to Taser is ‘a victory’ The Police Federation cannot 14 accept any liability for losses 15 Memorial to hero officer is unveiled incurred by any person as a 19 Federation lobbies MPs for change result of a default on the part of P15 an advertiser. 21 Soaring murder rate sees Government fail a generation 23 ICCC co-ordinating international policing P25 The views expressed within in unprecedented times the magazine are not necessarily 24 Hot flushes and periods are not taboo the views of the National Board of the Police Federation of England 25 College consults on conflict resolution techniques and Wales.
    [Show full text]