Former officers would have been dismissed for using excessive force and discriminating against vulnerable woman
Two former Avon and Somerset Constabulary officers who used excessive force and discriminated against a vulnerable woman during her arrest would have been sacked for gross misconduct had they not already resigned.
The came to light following a routine internal review of the officers’ body-worn video (BWV), with concerns being flagged by a senior officer to the force’s Professional Standards Department, prompting an investigation.
The footage related to an incident involving a woman experiencing a mental health crisis in the Clifton area of Bristol on Saturday December 4, 2021. It showed the officers using excessive force against the woman during her arrest, including spraying her with PAVA – an irritant spray – and leaving a spit and bite guard on afterwards.
A mandatory referral was made to the Independent Office for Police Conduct (IOPC) in December 2021, which conducted an independent investigation.
A disciplinary hearing on Friday (August 16), led by an independent, legally qualified chair, imposed the dismissal sanctions on officers A and B. Both will now be placed on the police barred list.
The decision to grant the officers anonymity was made by the legally qualified chair.
Deputy Chief Constable Jon Reilly said: “The actions of these two former officers were disgraceful and quite rightly they should never be allowed to work in policing or law enforcement again. Their treatment of a vulnerable woman, who was experiencing a mental health crisis, was appalling and callous.
“The fact they failed to even ask how she was when they first attended this incident set the tone for what was to follow. The BWV evidence speaks for itself. I’ve watched the footage and I’m as shocked and distressed by it as any member of the public. I know our officers and staff were horrified too. It was inhumane behaviour from the very people the public turn to in their moment of need.
“The evidence presented at the hearing showed these officers failed to follow force policies and procedures throughout their response to this incident, but particularly concerning was the use of PAVA spray, combined with the use of a spit and bite guard. This would have caused the young woman extreme distress on top of what she was already experiencing.
“I’m heartened by the fact this unacceptable behaviour was identified and called out during a routine internal review, which prompted an investigation by our Professional Standards and subsequently the IOPC.
“The vast majority of our officers and staff care deeply about serving the public and are committed to upholding the values and standards expected of them. They show courage and compassion day in, day out, to keep our communities safe.”
Following a referral from the force in December 2021, we decided to investigate after concerns were raised about the treatment of the woman during her arrest, search, and transport to custody.
The IOPC said its investigation established that on December 4, 2021, the officers attended a call about a woman who was experiencing a mental health crisis near the Clifton Suspension Bridge, in Bristol.
The woman was intoxicated and the officers arrested her for causing a public nuisance. The officers’ BWV showed that the woman was passive and lying on the floor. She was handcuffed and there were no attempts by the officers to communicate with her, despite the woman clearly being distressed.
The IOPC said Officer A sat her up by holding her by the hair. They also stood on the woman’s arm while they put gloves on, in order to handcuff the woman because, the officer could be heard saying, they did not want to touch her hands.
“Once the woman had been handcuffed, the officers’ BWV footage showed how they pulled the woman to her feet and walked her over to the police car,” the IOPC said.
“During a search of the woman, she was pushed up against the police car and held by her hair and throat by Officer A. The officers lifted the woman into the back of the police car. An altercation then took place in the back of the vehicle, with Officer A saying to the woman, ‘Are you going to be a dickhead?’. Officer A could also be heard saying ‘If that was an attempt to spit at me… you’re going to have to try a bit harder aren’t you’.
“A spit hood was applied to the woman by Officer B. They could be heard saying, ‘Don’t you dare f****** do that’. Officer B then went on to say, ‘Do not kick me, right you’re being PAVA’d’. Officer B could be seen raising the spit hood and spraying the woman in the face at very close range.
“The woman was left in the car and she could be heard moaning in pain. The officers subsequently decided to let her out of the police car. The woman was still handcuffed with both arms behind her back and then fell to the ground, out of the vehicle. The two officers could be seen laughing at her as she lay on the floor, crying. The woman was then taken to custody and detained. During the detention process, Officer B was captured on BWV telling a colleague ‘I told you I was going to PAVA someone’.”
As part of its investigation, the IOPC obtained and reviewed the available BWV footage, incident logs, relevant policies and guidance, and collated witness accounts. It also interviewed both officers.
When the IOPC completed its investigation in December 2022, it found that both officers may have breached the standards of professional behaviour in relation to the force used during the woman’s arrest, over whether they acted with self-control, tolerance and respect and if they discriminated against her due to her mental health condition.
The IOPC said it had been advised that Officer A resigned in November 2022 and Officer B resigned in August last year.
IOPC regional director, David Ford said: “This was an appalling case of two police officers abusing their position to demean and dehumanise a woman who was really in need of empathy and compassion. Their tone and attitude during the whole incident was degrading, rude and disrespectful. The officers overall lack of professional engagement with the vulnerable woman was inappropriate.
“Police officers are entitled to use force. However, it must be reasonable and proportionate to the circumstances faced.
“Excessive force was used by both officers at various stages of their interactions with the woman. The use of incapacitant spray, in particular, was unnecessary and disproportionate to the threat posed.
“Such behaviour has the potential to seriously undermine public confidence in policing. Following the outcome, these two former officers are now, rightly, barred from working for any police force again.”