News / avon and somerset police
Two police officers guilty of gross misconduct
Two police officers who treated a vulnerable woman like a “caged animal” after she tried to jump off the Clifton Suspension Bridge have been found guilty of gross misconduct.
A misconduct panel ruled that the two female constables used excessive force when they arrested and one of them Pava pepper-sprayed the woman at close range in a police car.
The pair would have been sacked without notice had they not already resigned from Avon & Somerset Constabulary, it was concluded.
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They will also be placed on a barred list preventing them from policing or law enforcement again.
The panel found that the pair treated the woman in a “cruel and degrading” way, “laughed at her suffering”, made fun of her and were sarcastic, condescending or antagonistic during the incident, which featured at the beginning of the first episode of the recent Channel 4 documentary series To Catch A Copper using the officers’ bodyworn video footage.
Neither constable – PCs A and B – nor the victim, Miss A, who has mental health issues, can be named for legal reasons.
The officers, who denied gross misconduct but admitted misconduct, were called to the bridge in the early hours of December 4 2021 where a drunken Miss A had tried to climb the buttress wall on the Clifton side of the bridge and jump.
PC A stood on her arm as she was being handcuffed on the ground before grabbing her hair and then her throat, the panel ruled on Friday after a five-day hearing in June was adjourned for a decision.
PC B sprayed the woman with Pava twice at too close a range in the back of the police car after momentarily removing and replacing a spit hood before her colleague dragged Miss A out of the vehicle, causing her to land heavily on the ground, it was decided.
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Read more: Police officers used ‘unnecessary force’ on vulnerable woman in Suspension Bridge incident
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Announcing the findings, police misconduct panel Legally Qualified Chair (LQC) Ogheneruona Iguyovwe, who is independent of policing, said: “The panel concluded that Miss A received cruel and degrading treatment from former officers A and B in breach of her human rights.
“Miss A is a disabled person by virtue of her mental health illness. The failure to make reasonable adjustments for her is discrimination under the Equality Act.
“The panel determined there was a differential of treatment of Miss A due to her mental health that was not justified.
“The panel concluded Miss A was treated by the officers not like a human being but instead like a caged animal.
“The sorts of words used in reference to her were also noted by the panel: ‘Shall we chuck her back in the car?’
“They knew that Miss A’s behaviour was probably caused at least in part by her mental health issues but they laughed at her suffering and made fun of her.
“Their behaviour discredits the police service and undermines public confidence in it because a reasonable member of the public would be justifiably appalled by their treatment of Miss A.
“The panel concluded that they failed to ensure their behaviour and language could not be reasonably perceived to be abusive, oppressive, harassing, bullying, victimising or offensive by the public.”
Iguyovwe said the officers were rude and dismissive and failed to show any empathy or compassion despite Miss A being heard crying and screaming.
She said: “Both officers ridiculed her. Even though they recognised her and knew she suffered from mental health difficulties, both officers failed to have any regard whatsoever to her mental health needs and failed to treat her as a vulnerable individual.
“The panel recognised this was an extremely challenging incident but the panel determined they did not exercise their authority in a professional manner.”
She said that after the pair took her into custody at Patchway police station, PC B told a detention officer: “I told you I was going to Pava someone today,” which the LQC said reinforced the panel’s view that using Pava was premeditated.
The incident happened on the Clifton side of the Suspension Bridge – photo: Martin Booth
Both constables defended their actions during the hearing, insisting they did the right thing but that they could have dealt with it better.
PC A told the panel that she was arresting a “prolific and violent criminal” because Miss A had numerous convictions for assaults against emergency workers sent out to deal with her.
The officer said mental health professionals had concluded the woman was in control of her actions and that the public would not be opposed to how she had dealt with her.
But Iguyovwe said: “The panel did not accept that the public would expect this sort of behaviour from any police force.
“There is widespread local and national concern around policing standards. There is concern about the way police treat women and vulnerable members of the public. That is under intense scrutiny and has been for some time.
“Examples of this can be seen in the public statements made by public officials and members of parliament in respect of high-profile cases involving police misconduct – the Sarah Everard case, the David Carrick case involving rape allegations and various actions that happened after the protests around the killing of George Floyd in the United States.
“There is a crisis in policing, so the panel’s decisions were set against that background when looking at how a vulnerable member of the public was treated.
“There were deliberate and intentional acts by the officers, there was abuse of trust, abuse of authority and their powers when dealing with Miss A with Pava spray deployment, the language used, the treatment used.
“There was deliberate or gratuitous violence, there was sustained behaviour over a period of time.”
Iguyovwe said that on the journey to the police station, Miss A told them she could not breathe but that neither officer responded to this, which the panel found “concerning”.
They did not think to stop the car or take off the spit hood to check for eye injuries from the Pava or to help her breathe.
The pair admitted laughing during the incident but PC A said this was to show Miss A’s verbal insults were not working and PC B said she did it to defuse the situation.
PC B said the woman was kicking out at her in the car and admitted she was “flustered”. She said the spray had the “desired effect” to get her to comply with instructions.
But Iguyovwe said: “The panel determined PC B was angry, not flustered, when she used Pava spray on Miss A twice.
“The deployment of Pava was wholly unnecessary and disproportionate to the threat posed.”
Neither of the police officers – who would have been sacked without notice if they had not already resigned – can be named for legal reasons – photo: Channel 4
Deputy chief constable Jon Reilly said afterwards: “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.
“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 bodyworn video 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 Independent Office for Police Conduct.
“The vast majority of our staff and officers 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.”
Main photo: Channel 4
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