Source · IOPC Learning Case

Traffic pursuit prior to man's death - Metropolitan Police Service, December 2020

Metropolitan Police Service Ref: 2019/117719 Recommended 4 Dec 2020 Response due 29 Jan 2021

Death and serious injury Road traffic incidents

Case background

Text published by the IOPC.

On 2 April 2019 just before 5.30pm, MPS officers were tracking a Kia Stinger vehicle in Central North London. A request for assistance had been put out over the radio and a number of police vehicles were involved in tracking the Kia. These included a marked police car, an unmarked police car and a police carrier. Just after 5:30pm, the Kia stopped at a set of temporary traffic lights on York Way, just before a junction. The marked police car stopped a few cars behind.

The police carrier was travelling along in the opposite direction. It is believed to have then turned around and, jointly with the marked car, attempted to perform a reinforced stop on the Kia. However, the Kia did not stop and made its way around traffic waiting at the lights. The marked police car then activated its emergency warning equipment and pursued the Kia. The carrier drove behind the marked car, shortly followed by the unmarked car. A pursuit had not been authorised by the MPS control room.

Approximately 15 seconds later, the Kia is believed to have turned left and collided with a traffic light at the junction, striking a pedestrian. The pedestrian sustained serious injuries and consequently died.

This incident first came to the attention of the IOPC as a death or serious injury (DSI) referral on 3 April 2019. It became a conduct investigation on 17 April 2019 following the identification of concerns regarding the actions of one of the police drivers involved.

The investigation sought to establish whether the decision to pursue the Kia Stinger was reasonable and necessary in the circumstances, whether correct policies and procedures were followed during the pursuit, and whether officers’ actions during the pursuit caused or contributed to the man's death.

We reviewed a large of volume of evidence, including audio of radio transmissions relating to the incident, CCTV footage captured immediately prior to and during the collision, incident reports, and forensic collision data. We also reviewed a number of witness statements provided by the officers involved, and interviewed one officer under misconduct caution.

Our investigation concluded in March 2020. We concluded no police officer or staff had behaved in a manner that justified criminal or disciplinary proceedings.

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. In this case, we did identify areas of organisational learning.

Recommendations and responses

2 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 make amendments to policy to more clearly define the training required in order for an officer to be authorised to engage in initial phase pursuits.

The investigation identified a lack of clarity in Metropolitan Police Service (MPS) policy as to what authorises a driver to engage in an initial phase pursuit (IPP). MPS policy states,　"Before engaging in a pursuit, drivers must have completed the National Centre for Applied Learning Technologies (NCALT) computer-based training package. On completion of the training, driving permits must be endorsed with the entitlement letters 'PM.'" 'PM' stands for 'pursuit management.' This wording could be interpreted to imply that completion of the NCALT package is sufficient to consider an officer authorised to engage in pursuits. In reality, completion of NCALT training does not indicate any practical pursuit training has been undertaken. Police drivers undergo additional training before being considered authorised to engage in IPP.

Despite the regular delivery of IPP practical driver training courses, we could not identify any existing policy which specifies practical training as a requirement of IPP authorisation.

The MPS driving school have additionally confirmed that no policy setting out the training requirements to be considered IPP trained exists. Ensuring these training requirements are outlined in policy may help regulate training force-wide and guarantee the minimum standard of driving before officers are permitted to engage in initial phase pursuits.

Response published by the IOPC

Do you accept the recommendation?

Yes

Accepted action:

The MPS has reviewed and accepts the recommendation provided by the IOPC.

The MPS Pursuits Policy- Police Pursuits Initial and Tactical Phase Q&As states that "the initial phase is the period of a spontaneous pursuit before tactical phase can be considered or actioned. Trained drivers in suitable vehicles may be authorised to continue by a control room supervisor."

When referencing trained drivers, the MPS MyHR application provides details of driving courses available to all staff. Under Response - Initial Phase Pursuit Management it provides the following details;

"This course is to train Response car drivers in the initial phase of a pursuit. You must have completed 6 months as a fully qualified Response driver prior to the course.

Over the 3 days following a classroom presentation, you will drive a marked Response car using emergency warning equipment, whilst in a simulated pursuit of an unmarked car driven by an instructor.

To be successfull, you will need to demonstrate you can drive to the 'system', putting safety first whilst pursuing a subject vehicle and also be able to give a detailed pursuit commentary."

This is also re-iterated in the MPS Learning and Development - Initial Phase Pursuit internal web page.

The Pursuit Management (PM) code was introduced in 2014 as a confirmation that MPS police drivers had completed the National Centre for Applied Learning Technologies (NCALT) training in relation to Police Pursuits. The training module was withdrawn and Staff who have been directed to do this course are advised to look at three new NCALT courses;

Police Pursuits: Introduction

Police Pursuits: Pre-Planned

Police Pursuits: Spontaneous

Each module states:

"This should be completed prior to any practical pursuit training"

"All 3 modules must be completed in order and evidenced by the College of Policing MLE certificates awarded for each module prior to students enrolling onto their local force driver training course"

The MPS Policy and Driving Standards Unit (PDSU) will be instructing all MPS Safer Driving Managers to cascade to all MPS drivers that the three NCALT modules are not an authorisation to pursue. This direction will be communicated at the next scheduled MPS Safer Driver Managers' Meeting on 26th January 2021 and subsequently the direction will then be cascaded to all MPS Police Drivers as soon as practicable.

A consultation process is currently taking place between the MPS Hendon Driving Academy (HDA) and the PDSU to formulate a clear policy for all MPS drivers; ensuring drivers are aware that practical training is required for the initial pursuit phase. This is currently being led and progressed by the PDSU and is anticipated to be completed within four weeks.

In the interim, the PDSU has created a link between the MPS Pursuits Policy and the MPS MyHR Driver Training Courses. This provides all MPS officers with a full description of the content of each individual driving course and the competency achieved upon successfully completing the relevant course.

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 that the Metropolitan Police Service ensures all information regarding an officer’s driving authorisation level is accurately documented in each officer's driving permit, and both the officer and their line manager ensure this information is kept up to date.

The investigation found that existing policy states the driving permits of non-pursuit drivers should be marked with the letters "XP" to clearly denote the driver is not pursuit trained; the police driver in this investigation was not pursuit-trained, however his permit was endorsed only with the letters "PM", indicating he had completed a non-practical Pursuit Management training course. The letters "XP" were absent from his permit. This led to some initial confusion over the driver’s level of authorisation. Ensuring all permits are correctly endorsed will help to improve the efficiency of both internal police systems, and future IOPC investigations concerning driving authorisation levels.

Response published by the IOPC

Do you accept the recommendation?

Yes

Accepted action:

The MPS has reviewed and accept the recommendation by the IOPC.

All authorised police drivers are issued with an MPS driving permit showing their driving categories, driving entitlements, the dates of their MPS eyesight tests, details of driving assessments and the dates their driving licence has been checked. It is the responsibility of the driver and their current line manager to ensure their permits are correct and up to date during the individual officer’s annual Performance Development Review (PDR).

The code “XP” is added to police drivers’ permits following any ‘non-pursuit training’ by Hendon Driving Academy Instructors.

The XP code will only be present on the permits of Response and Advanced classified drivers if they have not been trained in initial phase pursuit. There is no requirement for this code to be shown on the permits of a basic driver.

The XP code is described in some detail on the ‘entitlement codes’ as part of the MPS Roads Policing Policy which states:

XP- All trained police drivers Response to Advanced who have been classified by the driving school as Non Pursuit, also includes transferees who have not been trained in the Initial Phase Pursuit management module. Drivers must not take part in any phase of a pursuit. They are to assume the role of a Basic driver. Restriction will be lifted following attendance at the Hendon Driving School to complete a 2 day course in the case of transferees or have successfully completed refresher training in Initial Phase Pursuit.

On 14th January 2021 en email communication was sent to all Hendon Driving Academy staff specifying that XP must be shown on each officer's driver permit (for those who have not completed practical initial pursuit training) to indicate the driver must not take part in any phase of a pursuit.

Check the original case on the IOPC website