Officers who restrained man in hospital, who later died, committed gross misconduct

Two Thames Valley Police (TVP) officers who restrained a 24-year-old man in a hospital, and who later died, have been found to have committed gross misconduct, following an Independent Office for Police Conduct investigation (IOPC).

Jul 30, 2024
By Paul Jacques
Picture: Thames Valley Police

PCs Martyn Jones and Daniel Simson – both based at Milton Keynes police station – faced a disciplinary hearing, headed by an independent legally-qualified chair, which concluded on Friday (July 26).

The case was proven that PC Jones breached the police standard of professional behaviour relating to use of force, with both officers found to have breached the standard of duties and responsibilities.

PC Jones has been dismissed without notice. He will also be placed on the policing barred list, preventing him from future employment with any police force. PC Simson has been given a final written warning that will stay on his file for five years.

The hearing was told Brian Ringrose had been arrested on January 27, 2021, and was taken to Milton Keynes University Hospital after the officers were told he had swallowed a large quantity of tablets and appeared unwell.

He remained under police guard and was later medically discharged into the care of police to be taken to custody. PC Jones and PC Simson put Mr Ringrose in a wheelchair to transport him to their police car, but he came out of it and was restrained by officers on the hospital floor, with handcuffs and limb restraints applied.

PC Jones had control of Mr Ringrose’s arms and was raising them up behind his back as he lay face down on the floor.

The officers called for support and three more officers arrived to assist the restraint.

Mr Ringrose was later transported to the police van by officers using a Flexible Lift and Carrying System (FLACS). Upon being placed into the van, officers noticed that Mr Ringrose was unresponsive. Mr Ringrose was removed from the van, and officers administered CPR.

He was returned to the hospital where he was placed in an induced coma. Mr Ringrose died in hospital on February 2, 2021.

The police disciplinary panel found that PC Jones used excessive force on Mr Ringrose when restraining Mr Ringrose’s arms. It found both officers kept him restrained in a prone position for an excessive period of time, failed to continually monitor him while restrained and re-assess his condition and failed to provide prompt medical assistance.

IOPC regional director Charmaine Arbouin said: “Our sympathies remain with the family and friends of Brian Ringrose and all those affected by this incident.

“Police officers are only allowed to use the minimum amount of force required in any situation they face.

“The pathologist gave the cause of death as restraint combined with drug toxicity, and an inquest will be held to investigate this further.

“Our investigation ensured these officers were held accountable for their actions, and an independently-chaired panel determined their actions amounted to gross misconduct. One officer has been dismissed without notice and will be barred from policing.”

At the end of our investigation, in November 2022, the IOPC referred a file of evidence to the Crown Prosecution Service (CPS) to consider a charge of assault occasioning actual bodily harm relating to PC Jones’ and Simson’s actions during the restraint.

The CPS decided no charges would be brought and Mr Ringrose’s family challenged this decision using the Victim’s Right to Review process. In February 2024, the CPS confirmed that its original decision would stand.

The IOPC found three other officers who were present should be subject to the reflective practice review.

“We began our investigation following a mandatory referral from TVP and it looked at whether the officers’ decision to restrain Mr Ringrose was appropriate and if the force used by officers was necessary, proportionate and reasonable in the circumstances,” said the IOPC.

“We also examined whether officers considered Mr Ringrose’s welfare and mental health during their interactions with him and if the actions or decisions they took caused or contributed to Mr Ringrose’s death.

“We interviewed the police officers who were under investigation, two police witnesses, several members of hospital staff and three members of the public. We obtained statements from a medical expert, a TVP public and personal safety trainer (PPST) and a Metropolitan Police PPST.

“Investigators reviewed hospital CCTV, all body-worn video footage, hospital records and hospital and police policies, procedures and guidance.

“At the start of our investigation we recommended to TVP that it suspends the use of FLACS as a precautionary measure. The suspension remains in place.

“We also consulted with the National Police Chiefs’ Council – which works to develop best practices for police officers – over their use and, as a result, FLACS has been suspended for all forces in England and Wales.”

An inquest hearing into Mr Ringrose’s death is set for March 2025 and the IOPC’s report and findings have been shared with HM Coroner to assist the coronial proceedings.

 

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