This week’s blog post is by my colleague and fellow actions against the police solicitor, Aidan Walley.
What should you do if your Police complaint is rejected? The answer is don’t be surprised, and don’t give up – consult an expert solicitor for advice on the next steps. Iain Gould has on many, many occasions on this blog highlighted what are not merely the gross inadequacies of the Police complaints system but its active antipathy and obstructiveness towards members of the public raising legitimate concerns. In this week’s blog post I will be adding to that roster of complaint stories – and demonstrating the silver lining: justice can certainly be done, through the civil claims system, when the complaints system lets you down.
At the time of these events, in September 2020, my client Ann was in her 60s, vulnerable by means of various health conditions, including a heart problem, and was residing in a block of supported accommodation in Birmingham.
One day in the early hours of the morning, Ann was at home asleep when she was suddenly awoken by the noise of a commotion in the communal corridor outside her flat. Alarmed, dressed only in her night clothes and barefoot, Ann went to investigate what was happening.
On opening the door of her flat, Ann saw three West Midlands Police officers, along with members of an ambulance crew and building security, restraining her neighbour “Peter”. One officer present was Police Sergeant Shafiq, who was standing on the opposite side of the corridor. On seeing Ann, PS Shafiq ordered that she return inside her flat.
Ann was acutely aware that Peter was a highly vulnerable individual who suffers from a number of physical and mental health issues. At this stage, Peter had been handcuffed and was being restrained on the floor, and appeared to be highly distressed. Ann knelt down next to him and placed her hand on his shoulder to comfort/ reassure him. She then stood up, but remained in the doorway to her flat, observing.
Ann then witnessed PS Shafiq pull Peter’s arms further up his back, causing him to cry out in pain. Ann verbally remonstrated with PS Shafiq for what she saw as an unnecessary use of force. PS Shafiq approached my client and again ordered her to go into her flat, to which Ann refused.
PS Shafiq then repeatedly pushed Ann on her left shoulder. The final push forced Ann backwards into her flat, and she fell to the floor. As she fell, one of her legs involuntarily made contact with PS Shafiq.
On hitting the floor, Ann was immediately aware of pain in her back and neck. PS Shafiq entered my client’s flat and stood over her, leaving Ann extremely fearful as to what he might do to her next. Thankfully he did not assault her further. She requested his name and collar number, but he ignored this request and left the flat.
Feeling at once shaken and outraged at what had been done to her, Ann picked herself up and followed the officers as they escorted Paul out of the building to an awaiting ambulance. In the presence of the building’s security guard, Ann again requested PS Shafiq’s name and collar number. In response, PS Shafiq muttered something inaudible to my client and then in a much louder voice said “Remember that”.
Ann returned to her flat and called 101 to report the actions of PS Shafiq. The following day she received a return call from an officer at the local Station. This officer informed Ann that he had viewed the Body Worn Video footage of the incident and asked her as to whether she recalled “kicking” PS Shafiq. Somewhat nonplussed, Ann confirmed that her foot had made contact with PS Shafiq while she had fallen (after he had pushed her). Shockingly, the officer then replied that Ann would now be arrested for assaulting a police officer.
A splendid example of customer focused and sensitive complaint handling, I’m sure we can all agree…
Ann was naturally extremely concerned at the suggestion that she was to be arrested, and later the same day attended the Police Station. There she spoke to a different Sergeant who said that he had also viewed the footage and that Ann would not be arrested. My client informed this Sergeant that she wished to make a formal complaint and thereafter the matter was referred to West Midlands Police’s Professional Standards Department.
The same day Ann attended her GP in relation to the injuries she had suffered as a result of PS Shafiq’s assault upon her.
The following month, October 2020, Ann received a response from the Professional Standards Department. Although her complaint was not upheld, and it was deemed that the Officer’s behaviour was “acceptable” it was proposed that –
“PS Shafiq engages in a debrief with his supervisor, who will be of at least the rank of Inspector, to reflect on the incident. This process facilitates the officer to be able to consider the actions he took, reflect upon them and take the opportunity to consider if more tactical verbal communication could have resulted in a less physical outcome”.
What a delicate way of saying that perhaps angry, testosterone- fuelled men on a power- trip shouldn’t push elderly women around?
Thankfully, Ann did not let matters rest there but instructed my firm to pursue a civil claim for compensation for the assault upon her and its psychological aftermath – including, of course, the menacing manner in which her first telephone complaint was met with an apparent attempt to ‘scare her off’ from pursuing the complaint, and the dissatisfaction she was left with when the final outcome was reached. All too often in these types of matter, the Police add emotional insult to the injuries inflicted, arising from their knee- jerk reaction which is to regard complainants not in the way they would victims of crime, but as hostile, anti- police actors who need to be ‘defeated’ or deflected.
The first response Ann received on the telephone – the threat of arrest – was just a more ‘naked’ version of this brand of anti-complainant Police mentality; the final written report was, in my opinion, simply a more politely dressed-up version of the same problem.
With my assistance, Ann pursued full blown litigation against West Midlands Police.
We rejected the Police’s first offer of settlement in the sum of £3,250 – a derisory amount for the physical and mental suffering they had caused to Ann – and, after I had obtained expert evidence to support her claim for both physical and psychological injury and issued Court proceedings, I was ultimately able to bring the claim to settlement for £20,000 damages, plus Ann’s legal costs.
Having your legitimate complaint rejected by the Police can be a frustrating and upsetting experience – but if you instruct the right solicitor, such as Iain Gould, John Hagan, or myself, justice can be done and the Police made to pay the price for all those acts of misconduct they’re not prepared to own up to.
Note from Iain Gould: Week after week, I share my knowledge and experience so that people can better understand their rights and options. If this blog has helped you, or if you believe in the importance of holding the police to account, please take a moment to leave a 5 star review. Your review is more than just feedback – it is a way to guide others towards expert representation when they need it most. Thank you!
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