The Independent Police Complaints Commission has made a number of recommendations following the death of a man in police custody.

An independent investigation commenced after Andrzej Rymarzak, also known as Andrew, was found dead in a police cell at Chelsea police station in the early hours of Thursday January 22, 2009.

Mr Rymarzak (43) had been arrested on Old Brompton Road on January 21 after attacking an ambulance crew that had come to his assistance. The crew was responding to a call from a member of the public who had seen Mr Rymarzak in distress.

The IPCC's independent investigation examined the circumstances of Mr Rymarzak's arrest and transportation to Chelsea police station, the authorisation of his detention, the subsequent care and treatment afforded to him while in custody and the medical review and examination carried out.

The IPCC independently investigates the majority of deaths in custody and makes recommendations to forces and nationally for change to prevent future deaths.

After concluding the independent investigation the following recommendations were made:

• That the Metropolitan Police Service and other forces put in place a regime to ensure there is effective line management of custody sergeants by duty officers or custody inspectors.
• That there is greater clarity about the responsibility for detainees in custody when at any given time there is more than one custody sergeant on duty. 
• That there is guidance given to custody sergeants about how to proceed when there is dissatisfaction with the performance of any Health Care Professional or when there are concerns about the competence of a Health Care Professional who examines a detainee.

Death in police custody is a priority area for the IPCC. Commissioner Mike Franklin, who leads on custody issues for the IPCC said: "Investigating deaths in police custody is a priority area for the IPCC and we will continue to identify areas for improvements and make recommendations for forces regarding how to deal with detainees.

"Following our independent investigation we made recommendations regarding effective line management, the need for greater clarity about detainees in custody and how custody sergeants should proceed if they are unhappy with medical professionals.

"This was a tragic incident which resulted in the death of Mr Rymarzak. My thoughts and condolences are with Mr Rymarzak's family and friends," he concluded.

In April 2010 the IPCC passed a file to the Crown Prosecution Service which contained evidence concerning the conduct of four police officers, a civilian designated detention officer and the Force Medical Examiner. All of whom were present at the custody suite at various times on the evening of 21 January and the morning of 22 January 2009.

Dr Hisham El-Baroudy, a former FME, was charged with gross negligence manslaughter. He was found not guilty at Southwark Crown Court on Thursday January 26, 2012.

Offences of misconduct in public office and attempting to pervert the course of justice were considered by the CPS but they decided there was insufficient evidence to bring any charges.

Management action was agreed against two officers, a gross misconduct panel is pending and one person has since retired.

Knowledge gained during investigations has resulted in the IPCC making recommendations to PACE codes and the Safer Detention and Handling Guidance (ACPO guidance).

This work includes:

1) looking at the definition of intoxication

2) ensuring that risk assessments are carried out correctly by officers

3) rousing is done properly. This work has been submitted to the Home Office, ACPO and the NPIA.