Source · IOPC Learning Case

Investigation into police pursuit and subsequent road traffic incident - Metropolitan Police Service, March 2021

Metropolitan Police Service Ref: 2021/151056 Recommended 24 Jan 2022 Response due 21 Mar 2022

Road traffic incidents

Case background

Text published by the IOPC.

In the early hours of the morning in March 2021, two Metropolitan Police Service (MPS) officers were deployed in a marked police vehicle in the Streatham area. The officers stated they identified a grey Vauxhall Astra which was driving at speed and therefore attempted to stop the vehicle using their blue lights and sirens. The officers believed the driver failed to stop and drove off and decided to pursue the vehicle.

During the initial stages of the pursuit, and prior to pursuit authorisation, the Astra crashed on Greyhound Lane, in Streatham. The two officers attended the scene and assisted with the first aid of the five occupants of the car.

Various other MPS units arrived on the scene to assist, in addition to the London Ambulance Service and London Fire Brigade.

One of those occupants of the vehicle was taken to hospital with serious injuries but died of their injuries two days later.

Two other occupants of the vehicle were also taken to hospital after sustaining serious, but non-life-threatening injuries.

Our investigators attended the scene and conducted a detailed examination. CCTV and police officers’ body worn camera footage, and vehicle data was analysed and compared, along with radio transmissions and reports from experts.

During our investigation there was no indication any police officer may have behaved in a manner that would justify the bringing of disciplinary proceedings or committed a criminal offence.

We carefully considered whether there were any learning opportunities arising from the investigation. We make learning recommendations to improve policing and public confidence in the police complaints system and prevent a recurrence of similar incidents.

Following this case, the IOPC consulted with the MPS in respect of police driving during pursuits and emergency response; use of police radio’s whilst driving; training for police operators engaged in pursuits; suitability of in car police radios and the activation of body worn cameras during pursuit and emergency response driving.

Recommendations and responses

3 indexed

Recommendation 1

Link to recommendation · Accepted

Addressed to: Metropolitan Police Service

Linked bodies: Metropolitan Police Service

IOPC recommendation

The IOPC recommends that the Metropolitan Police Service ensure that all police drivers are aware that drivers of an MPS vehicle cannot use a handheld airwave radio legally unless the handsfree option is being used and that training covers this point.

This follows an IOPC investigation where, during a police pursuit, the driver of the pursuit vehicle was utilising their police radio during the pursuit, despite having a police operator in the vehicle with them. Current force policy states that the driver of an MPS vehicle cannot use a handheld airwave radio legally unless the hands-free option is being used. ‘Police driver guidance makes reference to the fact that the police radio can be a distraction which will increase the vulnerability of the driver if they “fail to focus on the primary task of driving safely”.

Response published by the IOPC

Accepted:

The Metropolitan Police Service (MPS) has reviewed and accepts the recommendation provided by the IOPC. The MPS Police Driver and Vehicle Policy refers to radio use whilst driving and recognises the additional risk it presents by way of driver distraction. The policy explains that the driver of an MPS vehicle cannot use a handheld airwave radio legally, unless the hands free option is being used and compliance with the Airwave training module is essential. The training module can be accessed by all officers via the National Centre for Applied Learning Technologies (NCALT). The following action will be taken to address this recommendation:  A reminder to all officers via the internal website pages.  A reminder to all officers and supervisors through the Safer Driver Manager network.  An additional input given to police drivers in the MPS driver training input at our training school. The above actions will be completed, or in place by June 2022

Check the original case on the IOPC website

Recommendation 2

Link to recommendation · Accepted

Addressed to: Metropolitan Police Service

Linked bodies: Metropolitan Police Service

IOPC recommendation

The IOPC recommends the Metropolitan Police Service should ensure that police drivers are aware of their responsibilities under relevant policy and guidance in relation to the level of speed and drive in accordance with driver training at all times, in particular during emergency response and pursuits.

This follows an independent IOPC investigation into a MPS pursuit which resulted in the subject vehicle crashing. An occupant subsequently died and multiple others sustained serious injuries. During this investigation evidence showed the police vehicle was driven as speeds which exceeded 80mph no residential roads and conducted maneuvers with one hand. This has been identified in number of other IOPC RTI investigations in which MPS police drivers were driving at considerable speeds over the speed limit during pursuit/emergency response.

Roadcraft handbook notes “Police drivers can use statutory exemptions from speed limits but [officers] must be able to stop safely within the distance [they] can see to be clear on your own side of the road. During an emergency response, never compromise safety in order to save time. It is far better to arrive later than not at all”. It further notes drivers should “Keep both hands on the wheel while you are driving unless you need to operate a control”.

The MPS The Police Driver and Vehicle General Principles Standard Operating Procedure (SOP) v2.0 explains “The aim of all drivers within the MPS should be that they drive in a manner that will not cause them to be involved in any collision and in the event that they are, it should not be their fault”. The SOP further notes trained drivers “Ensure that their vehicle is always in the right place at the right time, travelling at the right speed and in the correct gear. Thus, a driver will be in complete control of any situation with which they might be faced”.

Response published by the IOPC

Accepted:

The MPS has reviewed and accepts the recommendation provided by the IOPC that officers are to be reminded regarding their responsibilities under relevant policy and guidance in relation to the level of speed and drive in accordance with driver training at all times. The MPS Police Driver and Vehicle Policy and police driver training, refer to driving at the appropriate speed to balance progress and safety. The policy states: “The aim of all drivers within the MPS should be that they drive in a manner that will not cause them to be involved in any collision and in the event that they are, it should not be their fault”. It is of relevance to note that there is no upper speed limit in MPS policy or legislation for police driving. This has been discussed by the National Police Chiefs Council Road Ops Lead and National Lead for Driving Standards and it has been made clear that there should be no arbitrary ceiling on the speed of police vehicles. The MPS will continue to drive using a safe system of car control at a speed commensurate with the prevailing road and traffic conditions which does not hinder our lawful policing purpose.

Whilst the IOPC has identified that the police vehicle was driven in excess of 80mph and considerably over the speed limit, with the widespread reductions of speed limits within London, it does not automatically follow that it was unsafe to drive at this speed in the prevailing circumstances. In this incident, the police vehicle has not been directly involved in the collision and the police vehicle was able to stop within the distance it could be seen to be clear. The police driver has not been found at fault.

The MPS accepts however, that there is an opportunity to remind all police drivers around their responsibilities under relevant policy in relation to the level of speed and to drive in accordance with driver training at all times. The action that will be taken in this regard is:  A reminder to all officers via the internal website pages.  A reminder to all officers and supervisors through the Safer Driver Manager network.  An additional reminder given to police drivers in the MPS driver training input at the MPS Training School. The above actions will be completed, or in place by June 2022

Check the original case on the IOPC website

Recommendation 3

Link to recommendation · Accepted

Addressed to: Metropolitan Police Service

Linked bodies: Metropolitan Police Service

IOPC recommendation

The IOPC recommends the Metropolitan Police Service establish if car radios fitted in police response vehicle are fit for purpose, are in full working order and the audio function works appropriately. They should also reinforce to officers the necessity to ensure drivers check the car radios prior to their duty and report any defects through the necessary channels.

This follows an IOPC investigation whereby, during a pursuit, the car radio was not utilised to communicate as the officer said it was not working correctly and it was more efficient to use his hand-held radio. This prevented the operator from accurately relaying important information to the control room and preventing the control room from accurately assessing the situation. The MPS Police Driver and Vehicle Policy - Vehicle and Equipment SOP dated 04 03 21, S.15 states Daily Inspection – pre driving checks which must be carried out this should include “Electrics -Check operation of all electrical equipment, (i.e. lights, direction indicators, horn and emergency warning systems and windscreen wipers).” This does not specifically reference in car radios.

Response published by the IOPC

Accepted:

The MPS has reviewed and accepts the recommendation provided by the IOPC that in-car radios, fitted in police response vehicles, are fit for purpose, are in full working order, and the audio function works appropriately. The MPS Driver and Vehicle Policy currently incorporates the requirement for all drivers to conduct a daily inspection, however, this does not specifically include in-car radios. The Policy will be amended to specifically include in-car radios and provide guidance around:  Reporting in-car radios as defective immediately to MPS Fleet Services to ensure they are serviceable and are fit for purpose.  Using alternative vehicles where possible if the radio in their current vehicle does not work.  Considering the use the vehicle will be put to, and making a risk assessment for the role it is being used for, if the radio does not work. In addition to this, the importance of ensuring radios are working and need to be checked by drivers will be reinforced by:  A reminder to all officers via the internal website pages.  A reminder to all officers and supervisors through the Safer Driver Manager network. The above actions will be completed, or in place by June 2022.

Check the original case on the IOPC website