Deaths in Police Custody

Anne Main Excerpts

Wednesday 10th September 2014 Westminster Hall

[Mrs Anne Main (in the Chair)]

We now come to the debate in the name of Shabana Mahmood on the subject of deaths in police custody. I understand that during her debate, the hon. Lady intends to refer principally to the case of Kingsley Burrell. An inquest is due to take place into Mr Burrell’s death early next year. For that reason, I expect hon. Members who speak or intervene in this debate to take care not to make any remarks which could be construed as assigning blame for Mr Burrell’s death or as expressing opinions on other matters concerning his death which will be decided by that inquest. That is on the legal advice of the Clerks.

--- Later in debate ---

[Rehman Chishti (Gillingham and Rainham) (Con)]

I congratulate the hon. Lady on bringing the matter forward for debate. She talks about other families; Colin Holt, a constituent of mine who suffered from schizophrenia, died as a result of how he was restrained by the police. Officers in that case were prosecuted but acquitted at Maidstone Crown court, where the judge, Mr Justice Singh, said—

[Mrs Anne Main (in the Chair)]

Order. I ask the hon. Gentleman to return to his seat. He is making a speech, not an intervention—it should be an intervention and a question to the Member whose debate it is. We should have the courtesy of allowing the hon. Lady the time to speak.

[Shabana Mahmood]

I am pleased that the hon. Gentleman had the opportunity to put his constituent’s case on the record. Restraint methods are an issue in cases involving deaths in police custody. My focus is particularly on the way in which these investigations take place and the amount of time that it takes to conduct them.

If the process got results, answered the questions that families have and ensured that the lessons that need to be learned are, in fact, learned, I suppose one could tolerate the fact that sometimes the investigation takes a very long time. But that is demonstrably not the case in the vast majority of cases involving deaths in police custody. The process takes far, far too long and it often leaves families with more questions and much greater pain. That is not something that any of us should continue to accept.

The impact on the wider community is also very profound. Contentious deaths in police custody include an ever-increasing number of people with mental health illnesses, and a disproportionately large number of people from black and minority ethnic backgrounds—and, sometimes, people from BME backgrounds with mental health issues. If those cases are not seen to be taken seriously and investigations are not seen to be conducted with due seriousness and as quickly as possible, trust in the system erodes seriously, breeding justifiable anger and resentment, and it is incumbent on all of us to do whatever we can to address that.

Sometimes it does not seem that deaths in police custody are treated as cases in which potentially a crime has been committed. The starting point should always be that we simply do not know what has happened, so all possible scenarios are on the table, but many families report that that is not how it feels to them. In practice, it feels as though a judgment has already been made and an end result is already in mind, long before the investigation has begun.

Despite the more than 900 deaths in police custody and several verdicts of unlawful killing, there has yet to be a single successful prosecution—a point that the hon. Member for Gillingham and Rainham (Rehman Chishti) also raised—of any police officer involved in those deaths. Again, that does not create much confidence in the wider public that the system is robust enough to ensure that when things go seriously wrong, as they do in many of these cases, we will get proper answers and accountability. It is the lack of accountability that bothers so many of my constituents, and it is the potential for lack of accountability that is keeping Janet Brown and her family awake at night. They fear that their questions will never be answered and someone will never be held to account for the death of Kingsley Burrell.

There are other issues in relation to deaths in police custody. People would expect sensitive and thorough handling of the investigation in the immediate aftermath of a death—the so-called golden hours, which are critical to evidence gathering and setting the direction and quality of the investigation that is to follow. Again, many families report that that does not happen in practice.

The independent charity INQUEST also tells us of particular problems in relation to IPCC material and disclosure, including ahead of inquest hearings. For a bereaved family trying to engage in an IPCC investigation, the organisation’s reluctance to provide early and full disclosure or to explain clearly, in language that ordinary people can understand—not lawyer-speak—why they cannot provide that evidence at the early stages of investigations, and when they expect to do so, fosters mistrust and is alienating and deeply unhelpful. Families often feel that they are not kept up to date and involved in the progress of the investigations. Of those who felt that they were kept involved and informed, many reported dissatisfaction because the information given to them was inadequate, difficult to obtain or delayed.

It seems to me that we have an ad hoc and chaotic system for investigations into deaths in police custody. There is no agreed method or structure and no checklist of what needs to happen and when. We need a uniform approach that allows professional judgment to be exercised on a case-by-case basis, but always in the context of a coherent and consistent national protocol for the structure of the relationship between investigating officials and the bereaved, and clear guidelines about the time frames that need to apply. That is the only way we can give the families who suffer in this way some confidence that they will at least understand the system and the process that is supposed to apply, and that they can hold to account the individuals involved.

I have mentioned the IPCC, and I believe that it has lost the confidence of the public and is not fit for purpose. It should be abolished and replaced by a new police standards authority, whose job it would be to take action and raise standards when policing goes wrong. Such an authority should be tasked with creating the national set of guidelines or protocols that should apply to the investigation of deaths in police custody, so that we can ensure that everyone knows what is meant to happen and when.

At this point, however, we still have the IPCC. I know that the Government have started their own review and it would be helpful if the Minister, when he responds to my remarks, could set out exactly what is planned for that review. But whoever ultimately has responsibility for these investigations—whether the IPCC, as now, or another organisation—its key task in the aftermath of a contentious death following police contact must be to begin immediately an independent, effective, accountable, prompt, public and inclusive investigation, so that the rule of law is seen to be upheld and applied equally to all citizens, including those in police uniform.

Young constituents of mine made this point to me only today when I was doing an interview on a local community radio station. They said, “Sometimes it feels that if you wear a uniform, you are above the law. You are there to enforce the law and to keep us all safe, but you should not be above it.” They make a fair point. It sometimes feels as if officers are not held properly to account. That relates not only to the potential for successful prosecutions and convictions but to the sense that if misconduct occurs, it will be challenged.

So often in relation to these cases, we say, “Lessons must be learned,” and we imply that lessons will in fact be learned. However, in my experience the lessons are not learned, because the cases of deaths in police custody that keep occurring all seem to follow the same pattern, and the same mistakes are often repeated. The families involved all report the same things going wrong in the investigations.

The experience of the Burrell family and the amount of time that it took for the investigations to conclude is very similar to that of other families who have suffered in similar circumstances. That says to me that the phrase “lessons must be learned” means nothing. Lessons are not learned, and it is about time that we started to get that right. If people are not held accountable, if there are no prosecutions and if there are no grounds for misconduct charges, at the very least we must fix the processes that apply when someone dies in these circumstances, given that we know there is a problem with them. That is one way in which we can start to give people confidence in the system again.

A few weeks ago, Janet Brown said to me that she has not yet grieved for her son and she will not do so until all her questions about his death have been answered and until she feels at peace that she has done everything she can to get justice for him. I think that making good, decent people wait so long and placing them at the mercy of a very chaotic system is a scar on our collective conscience. I really hope that the Minister, when he responds, can give Janet, the Burrell family and me some confidence that the Government understand not only the policy implications of these cases, but the emotional impact that they have, and that he and the Government will do something about it.