Source · IOPC Learning Case

Man tasered during arrest in the presence of a child – Greater Manchester Police, May 2020

Greater Manchester Police Ref: 2020/135685 Recommended 17 Dec 2021 Response due 11 Feb 2022

Use of force and armed policing

Case background

Text published by the IOPC.

On 6 May 2020, Greater Manchester police officers arrested a man on a petrol station forecourt for road traffic offences. Officers suspected the driver, who was travelling with a five-year-old boy in the passenger seat, was intoxicated and he did not comply when they attempted to breathalyse him. The incident escalated when police attempted to arrest the man, which resulted in a Taser being discharged seven times.

We investigated complaints made on behalf of the man. The evidence obtained examined the ‘use of force’ tactics employed by the officers and whether the man’s ethnic background resulted in less favourable treatment.

During the investigation, we obtained statements from the officers involved and an eyewitness and examined footage from the officers’ body-worn video, CCTV and social media. We also consulted an expert in the use of Taser for their opinion on the tactics used.

Our investigation concluded in May 2021. We waited for all associated proceedings to be complete before publishing our findings.

The evidence did not suggest that an officer may have acted in a way that justified disciplinary proceedings or committed a criminal offence.

We also considered whether the complainant’s ethnicity influenced the way the incident was handled, including analysis of the officers’ previous use of force and complaints against them. We found no evidence to suggest the complainant’s ethnicity was a factor in the decision to use force against him.

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. We identified several areas of learning for force and the officers involved in the incident, including a learning point in local training for officers to give due considerations when a child is present where a Taser is used. We also recommended the force reminds officers about policies for decision-making logs. We progressed our recommendations with Greater Manchester Police and the College of Policing.

Recommendations and responses

5 indexed

Recommendation 1

Link to recommendation · Accepted

Addressed to: Greater Manchester Police

Linked bodies: Greater Manchester Police

IOPC recommendation

The IOPC recommends that Greater Manchester Police (GMP) review their Conductive Energy Device (CED) policy to clarify, expand upon and improve existing guidance in the public domain, particularly in relation to addressing a potential public perception that Taser is only used in circumstances where there is a threat of violence. This should be done in partnership with local communities, particularly those that historically have lower confidence in the police. The policy should also align with the Authorised Professional Practice (APP) guidance in relation to the use of Taser.

This follows an independent investigation where a man was Tasered seven times, once whilst standing and six times on the ground.

The GMP CED guidance referred to taser being used when officers were ‘dealing with violence or threats of violence of such severity that it is likely that they will need to use force in order to protect the public, themselves and/or the subject(s)’. This does not align with the Authorised Professional Practice (APP) guidance in relation to the use of Taser which refers to the use of taser being ‘one of a number of tactical options available when dealing with an incident with the potential for conflict’.

The incident happened in the context of increased use of Taser across Greater Manchester and the disproportionate use of Taser on people from a Black and ethnic minority background. Footage of the incident was circulated across social media platforms, resulting in rising tensions between members of those communities and GMP.

The IOPC engaged with representatives from these communities throughout the lifetime of our investigation and we learned that many members of the public believed that use of Taser was restricted to circumstances where there is violence or a threat of violence rather than one of a range of tactical options available to officers.

Response published by the IOPC

Do you accept the recommendation?

Yes

Accepted action:

GMP accepts the below recommendations made following this IOPC independent investigation;

GMP no longer use the Conductive Energy Device (Taser) Policy and have written a new TASER Standard Operating Procedure (SOP) which is awaiting sign off by the Armed Policing Lead. The new TASER SOP is aligned to the College of Policing Authorised Professional Practice (APP) on CED (Conductive Energy Device). In the interim before the TASER SOP is signed off, GMP use of TASER is guided by the College of Policing Authorised Professional Practice.

In regard to the IOPC recommendation on circumstances for the use of Taser, the GMP Taser SOP has used the wording from the College of Policing Authorised Professional Practice with regard to circumstances when Taser is used and is published in the GMP Taser SOP as follows:

TASER is one of a number of tactical options available when dealing with an incident with the potential for conflict.

GMP has now commenced Forcewide ‘scrutiny panels’ where community representatives review and challenge use of force, including CED (Taser). This is being led by GMPs Head of Professions for Neighbourhood Confidence and Equalities team and is part of a wider community engagement strategy.

Check the original case on the IOPC website

Recommendation 2

Link to recommendation · Accepted

Addressed to: Greater Manchester Police

Linked bodies: Greater Manchester Police

IOPC recommendation

The IOPC recommends that Greater Manchester Police include a learning point in local training for officers equipped with Taser, in relation to considerations when a child is present during an incident where Taser is used. This is to enable officers to consider the potential impact on the child, together with alternative tactics as part of the overall risk assessment and National Decision Model in a training environment.

This follows an independent investigation where Taser was used seven times on a father in the presence of his 5 year old child. The child, who was already upset, became extremely distressed when the father was Tasered and dropped to the ground.

The Children’s Rights Alliance for England report ‘Children speak out on policing and criminal justice’ describes how frightening the threat of violence from police officers can be. A child as young as 5 years old may be unable to differentiate between the use of taser and the use of a firearm, and that this may have increased his distress. The extent and longevity of any trauma caused to the child in this case is unknown.

Response published by the IOPC

Do you accept the recommendation?

Yes

Accepted action:

Gary Wedge who is the Taser curriculum lead at the College of Policing has re-written the J3 module "Dealing with Vulnerable People" to include the learning from this incident and therefore fully adopting the IOPC recommendation.

This new module will be released nationally in March for adoption from 1st April 2022 and will feature in both initial and refresher courses. GMP will adopt the College of Policing curriculum changes in line with other forces on 1st April 2022.

Check the original case on the IOPC website

Recommendation 3

Link to recommendation · Accepted

Addressed to: Greater Manchester Police

Linked bodies: Greater Manchester Police

IOPC recommendation

The IOPC recommends that Greater Manchester Police (GMP) update the section of their Conductive Energy Device (Taser) policy so that it is clear when it might be appropriate to use Taser in an environment where there is a flammable substance, such as the forecourt of a petrol station; ensuring that the wording is clear and unambiguous and to prevent interpretation issues or restriction of officers’ decision making.

This follows an independent investigation where a man was Tasered seven times on the forecourt of a petrol station, once whilst standing and six times on the ground.

The GMP Operational Use of Conductive Energy Devices (X26 taser] Policy dated December 2017 states that taser should not be used ‘where there is a risk of flammability’ and refers to an increased risk ‘where the subject’s clothing is doused with other flammable liquids , e.g. lighter fuel, petrol and strong alcoholic spirits’. The GMP policy states ‘These heightened risks must be considered when assessing the ‘appropriateness’ and ‘necessity’ of using the CED’.

The College of Policing Authorised Professional Practice (APP) in relation to conducted energy devices (Taser) refers to ‘risk factors’ that ‘may influence the operational use of CEDs’ The list of factors includes ‘flammable material (eg, petrol, CS irritant spray)’ and ‘explosive environments (eg, petrol vapour, propane, natural gas)’. APP encourages scenario-based training in the use of CEDs be conducted in a way that emphasises the precautions and considerations relevant to such risk factors.

Petrol is a highly flammable liquid which can give off highly flammable vapour, even at very low temperatures. Ignition of petrol vapours can happen if vapour comes into contact with a heat source or ignition spark. Petrol vapour is heavier than air and tends to sink to the lowest possible level of its surroundings, and will travel across the ground due to gravity or may be carried in the direction of the wind. This means there is always a risk of fire or explosion if a source of ignition is present. In this case there was no ignition or explosion.

Response published by the IOPC

Do you accept the recommendation?

Yes

Accepted action:

The new Standard Operating Procedure which is awaiting final sign off does now include a section making it clear when it might be appropriate to use Taser in an environment where there are risk factors. This is in line with the College of Policing Authorised Professional Practice. These risk factors include, but are not limited to:

- head injuries from unsupported falls
- repeated and/or prolonged application of discharge
- avoidance of sensitive areas (primarily head, neck or genitalia)
- certain pre-existing medical conditions
- positional asphyxia
- subjects already restrained
- acute behavioural disturbance
- vulnerable people
- children and thin adults
- flammable material (eg, petrol, CS irritant spray)
- explosive environments (eg, petrol vapour, propane, natural gas).

Officers need to consider article 2 European Convention on Human Rights and make use of the National Decision Model when considering the above factors.

All use of TASER must be documented on a Use of Force form unless subject to PIP in which case a Use of Force form should be completed after Stage 4 accounts have been provided.

Check the original case on the IOPC website

Recommendation 4

Link to recommendation · Accepted

Addressed to: Greater Manchester Police

Linked bodies: Greater Manchester Police

IOPC recommendation

The IOPC recommends that Greater Manchester Police take steps to ensure that officers’ decision-making and their policing response is not being unreasonably impacted by stereotypical assumptions about the strength and threat posed by individuals from a Black, Asian or minority ethnic background.

This follows an independent investigation where a Black man was Tasered seven times, once whilst standing and six times on the ground.

Both officers in this case made numerous references to the man’s build, strength and power in their statements. The Angiolini Review recognises that the stereotyping of Black men as dangerous, violent and volatile – a longstanding trope that is ingrained in the minds of many – is increasing the likelihood of force and restraint being used The IOPC engaged with representatives from Black and ethnic minority communities throughout the lifetime of our investigation and they echoed the findings of the Angiolini review.

Response published by the IOPC

Do you accept the recommendation?

Yes

Accepted action:

Since 2020 all Specially Trained Officers (STO's) attending both the initial and refresher taser course in GMP watch a film produced by GMP's Corporate Communications Branch which was produced with the support of BAPA (Black and Asian Police Association). The film is designed to give officers a perspective of other diverse cultures, explores disproportionality, use of force including Taser and considers perspectives of police tactics from members of the public.

This recommendation has been subject to discussion at the PSB Organisational Learning Board chaired by the Head of PSB, the Force Strategic Organisational Learning Board chaired by the Deputy Chief Constable and the Force Diversity Equality and Inclusion Board chaired by the Chief Constable. The Head of PSB has also met with the chair of the GMP Black and Asian Police Association and other executive members of the Executive Board. Their recommendation was that the Force should consider engaging with a prominent individual who has worked with the Metropolitan Police Service on similar projects and is seen as an expert in this area.

As a result of the Diversity, Equality and Inclusion Board held on 31/1/22 actions were allocated as follows :

To the Director of people and Development - Consider this IOPC recommendation from a Force Training perspective. Consider the engagement of a prominent individual who has worked with the Metropolitan Police Service to assist. Design a Force Training Response to this recommendation and deliver via the Force Training Commissioning Group.

To the Director of Strategic Resourcing - Consider this IOPC recommendation from a Force Recruitment perspective and how future changes to the GMP recruitment process can bring about improvements in this area. These actions will be tracked via the Diversity, Equality and Inclusion Board.

The Head of Profession for GMP's Neighbourhood, Confidence and Equality Team has also been engaged and is considering an appropriate long term piece of work in identified communities.

Yours sincerely

Detective Chief Superintendent Chadwick

Professional Standards Branch.

Check the original case on the IOPC website

Recommendation 5

Link to recommendation · Accepted

Addressed to: College of Policing

Linked bodies: College of Policing

IOPC recommendation

The IOPC recommends that the College of Policing include a learning point in national training for officers equipped with Taser, in relation to considerations when a child is present during an incident where Taser is used. This is to enable officers to consider the potential impact on the child, together with alternative tactics as part of the overall risk assessment and National Decision Model in a training environment.

Response published by the IOPC

Do you accept the recommendation?

Yes

Accepted action:

I write on behalf of the College of Policing (the College) in relation to the recommendation made under Paragraph 28A of Schedule 3 to the Police Reform Act 2002 to the College dated the 17th December 2021.

Your recommendation states:

I understand a similar recommendation has been made to Greater Manchester Police in respect of local training.

The College is the independent professional body supporting everyone working in policing to reduce crime and keep people safe. The College has three complimentary functions;

- Sharing knowledge and good practice: creating and maintaining easy access to knowledge, disseminating good practice, and facilitating the sharing of what works
- Setting standards: setting standards for key areas of policing which help forces and individuals provide consistency and better service for the public
- Supporting professional development: setting requirements, accrediting, quality assuring and delivering learning and professional development, promoting diversity and wellbeing, and helping to nurture and select leaders at all levels.

As set out in the Code of Practice on Armed Policing and Police use of Less Lethal Weapons 2020, the College produces a national curriculum, and associated learning products, for specially trained officers (Taser trained officers). These products are subject to review by the College in order to ensure that organisational learning is appropriately reflected. Chief officers must ensure that the selection, training and accreditation of officers identified within the Code meets the requirements of the curriculum.

Having considered your recommendation as part of the current review, module J3 of the curriculum, and its associated learning products, has been revised and now includes the considerations and potential implications of Taser use in the presence of a child.

All of the updated training material is scheduled to be launched in early March 2022 and disseminated to all UK police forces (including Greater Manchester Police), with a view to being implemented in the new training new commencing 1st April 2022.

The College is committed to continuing our work with forces, the NPCC and other agencies to maintain high standards in respect of the police use of Taser. I would like to thank you for bringing this recommendation to my attention.

I trust this letter meets the requirements of Paragraph 28B of Schedule 3 of the Police Reform Act 2002.

I have no concerns in relation to publication of my response.

Yours sincerely Chief Constable Andy Marsh QPM Chief Executive Officer College of Policing

Check the original case on the IOPC website