IPCC Releases Death In Custody Findings

Wed, 01 July 2009 Courtesy of: ipcc

Following the inquest into the death of Mr Faisal Al-Ani, the Independent Police Complaints Commission (IPCC) can now publish the findings of its investigation into the actions of Essex Police officers during his arrest and detention.

Mr Al-Ani was arrested in Southend town centre on 31 July 2005. The incident started when he was seen acting strangely by Police Community Support Officers (PCSOs)  and then became involved in confrontations with members of the public. The PCSOs summoned assistance from Police officers and Mr Al-Ani was arrested. In the course of that arrest he was restrained on the ground for a period of time before being transported to the police station in a police patrol car. As he was carried in to custody he collapsed where unsuccessful attempts were made to resucitate him.   

An inquest into his death recorded a narrative verdict today, Monday 29 June 2009.

The IPCC independently investigated the circumstances surrounding Al-Ani's death.  Five Essex officers were investigated in this case and were interviewed under criminal caution. During the course of the investigation evidence was obtained from independent witnesses, police officers, custody staff, paramedics and hospital staff who came into contact with Mr Al-Ani. 

Mr Al- Ani's interaction with the PCSOs, his subsequent arrest, restraint and transfer to Southend police station and the medical assistance rendered to him whilst there were all investigated.

The IPCC passed its file of evidence to the Crown Prosecution Service (CPS) and also considered the evidence in relation to any potential police misconduct. The CPS decided that there was no evidence which would support a criminal prosecution against any of the officers. The IPCC concluded there was insufficient evidence to support any disciplinary proceedings hearing against any of the officers. 

An expert in restraint techniques confirmed that the initial restraint used by one of the police constables at the scene was not a taught method. The question, when considering whether misconduct proceedings would be appropriate, is whether the restraint was reasonable. An officer should only use what he or she "reasonably believes" to be sufficient force to achieve their objective. Taking into consideration the officer's original notes in relation to the incident and the evidence of numerous independent witnesses, the IPCC concluded that the officer's actions were reasonable. This view has been endorsed by the inquest jury's findings.

Three recommendations have been highlighted by the IPCC report:

Firstly, that all officer safety training conducted by Essex Police should reinforce the risk of restraining people in the prone position, which should be avoided if at all possible, or the period for which it is used should be minimised.

Secondly, that wherever practical a van should be used to transport a person who has been violent or is restrained by means of handcuffs or a limb restraint devise on their legs.

Thirdly, that Essex Police should review their procedures to ensure there is a robust Post Incident Process, providing a clear understanding of the roles and responsibilities of Police Staff when dealing with similar critical incidents.

IPCC Commissioner Amerdeep Somal said: "I express my sincere condolences to the family and friends of Mr Al-Ani for his tragic death. Although we concluded that no officer committed any misconduct offence, based on the policies that were in place at the time, there were areas for learning. These include the use of the prone position in restraining Mr Al-Ani, the method used for transporting him to Southend Police Station and the arrangements in the early stages of the Post Incident Process. Our investigation report into this incident was passed to Essex Police in March 2009 and I am pleased to note that all three recommendations have been taken on board."