IOPC to reopen investigation into death of man following police restraint
The Independent Office for Police Conduct (IOPC) has reopened its investigation into the circumstances surrounding the death of a man following police restraint having considered findings from an inquest that concluded late last year.
Kevin Clarke, 35, died in March 2018 in Lewisham, southeast London, after he was restrained by up to nine Metropolitan Police Service (MPS) officers.
The investigation was concluded 12 months later and the findings shared with Mr Clarke’s family, the MPS and HM Coroner.
The IOPC said: “Issues raised during Mr Clarke’s inquest in October 2020 prompted us to review our investigation. Firstly, the audible recordings captured on police body-worn footage in which Mr Clarke can be heard saying, ‘I can’t breathe’. Our review indicated that this was not explored with the police officers during their interviews with the IOPC. Secondly, the findings of the pathologist, which as a result of new information presented to them during the inquest, changed from their original conclusion.”
The inquest jury delivered a narrative conclusion that Mr Clarke died as a result of acute behavioural disturbance, in a relapse of schizophrenia, leading to exhaustion and cardiac arrest. The restraint used by officers, which caused Mr Clarke to struggle, was cited as one of several contributing factors.
Following legislative changes introduced in February 2020, the IOPC can reinvestigate a matter where there are compelling reasons to do so.
“We have informed Mr Clarke’s family, the officers involved and the MPS of this decision,” said the IOPC.
The MPS said it was aware that the IOPC has decided to reopen its investigation into the death of Mr Clarke and it will fully cooperate and the officers involved in this matter have been informed”.
Deputy Assistant Commissioner Bas Javid said: “Mr Clarke’s death was a tragedy and, as a police service, we have acknowledged our failings and apologised. Our thoughts and sympathies remain with Mr Clarke’s family and friends.
“The MPS is a learning organisation and we always strive to learn and improve. We continually review our policies in line with national guidance around restraint as well as how we assist those in mental health crisis and are working with colleagues nationally to consider our training and guidance to officers in dealing with these kinds of fast paced and challenging incidents.
“It would be wrong to pre-empt the outcome of the IOPC investigation but if it recommends further ways in which we can improve our service these will be considered, in addition to any misconduct matters that may arise.”