Source · IOPC Learning Case

Police actions relating to a teenage boy’s arrest, welfare and disappearance prior to his death – British Transport Police and Metropolitan Police Service, September 2020

British Transport Police Ref: 2020/141930 and 2020/141968 Recommended 11 Aug 2022 Response due 6 Oct 2022
Death and serious injury

On 30 August 2020, a 17-year-old was arrested by British Transport Police (BTP) officers following an incident at East Croydon Railway Station and taken to a Metropolitan Police Service (MPS) custody facility at Croydon. He was released from custody the following day and returned to his home address. On 1 September, the teenage boy was reported missing after he had left his home address and the MPS began a missing person investigation. He was graded as a medium risk missing …

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Recommendations

2 total
Recommendation 1

The IOPC recommends that the Metropolitan Police Service (MPS) amend their custody policy to include a responsibility on MPS staff to ensure safeguarding forms are completed by them for vulnerable members of the public who they come into contact with following arrest by another police force. This follows an IOPC investigation into police interaction with a vulnerable 17-year-old male in the days prior to his death. Two days before his death, the male had been arrested by British Transport Police officers. He was then transported to an MPS custody suite. Despite various indications that he was vulnerable, no Merlin Pre-Assessment Checklist or other safeguarding form were completed in relation to him, by MPS officers. MPS custody policy states that arresting offers are responsible for completing any safeguarding forms. However, the IOPC were unable to find any reference within the policy on who has safeguarding responsibility when the arresting officers are not from the MPS. This indicates a gap in MPS custody policy in relation to who has safeguarding responsibility when the arresting officers are from another force and can lead to a situation where no safeguarding is put in place for a vulnerable member of the public. This is due to the fact the MPS custody staff have no way to check or review whether safeguarding forms and referrals have been completed by officers from another force area.

Addressed to: Metropolitan Police Service
Linked bodies: Metropolitan Police Service
Awaiting response
Do you accept the recommendation?

Yes

Addressed to: British Transport Police and Metropolitan Police Service
Linked bodies: British Transport Police; Metropolitan Police Service
Accepted
Force response

Accepted action: The Metropolitan Police Service (“MPS”) has reviewed and accepts this recommendation by the IOPC. The Met Detention Command is in the process of reviewing the existing MPS Custody Policy to include a responsibility on MPS staff to ensure they complete safeguarding forms for vulnerable members of the public who they come into contact with following an arrest by another police force or where there is no ongoing active investigation. They are considering the inclusion of the following paragraph in the policy: “Any incident or information provided within, and during, the custody period that suggests that a detainee is vulnerable, for example, a disclosure relating to Child Criminal Exploitation (CCE), Child Sexual Exploitation (CSE) or a self-harm attempt (this is not an exhaustive list) then the information must be shared with the Custody Officer, the officer in the case (OIC) and any relevant partner agencies’ partners for ongoing risk assessment and intervention. Where the arresting officer or OIC are still available then the custody officer will direct them to complete a Merlin report (database for recording a safeguarding concern for any individual, child or adult) with the details of the incident in order that this can be reviewed by the relevant Multi Agency Safeguarding Hubs (MASH) and information shared where applicable. If any detainee is as a result of an out of force arrest or there is no active investigation ongoing i.e. the detainee has been charged and detained or is not detained under PACE (warrant) and there is no OIC or arresting officer available then a member of Met Detention staff must complete a Merlin to ensure a record is made, in addition to a custody record entry, and the information shared with our key partners. Furthermore, the policy sets out that, “concerns should be documented on the custody record and the custody officer must ensure suitable safeguarding measures are implemented, including ensuring the investigating officer completes a NRM*. (N.B. Belief is more than mere suspicion. Unlike suspicion, which is based primarily on inner personal conviction, belief is stronger and founded upon assurance gained by evidence). If the detainee is under 18 years old and it is believed they are at risk of exploitation then a non-crime exploitation report (588) must be created with the appropriate flags.” It is anticipated that the Senior Leadership Team will approve this inclusion during a meeting scheduled for 18th October 2022 and that the policy will be amended accordingly. The change in policy will be communicated to all Met Detention staff via OCU newsletters, briefing updates and Professional Development Days. *National Referral Mechanism - identifies and supports victims of human trafficking and modern slavery. It provides potential victims with a number of support services, including accommodation, legal advice and counselling.