Force used in viral West Midlands Police arrest 'was necessary and proportionate'

Footage of the arrest, which happened after police were called to the West Cross shopping centre in Oldbury Road, Smethwick, last year, went viral and was viewed more than 4 million times online.

In the video an officer can be seen repeatedly striking a 38-year-old man on the head while holding a can of incapacitant spray.

At the time Independent Office for Police Conduct regional director Derrick Campbell called the footage "disturbing" but an investigation has now concluded that none of the officers acted in a manner that justified disciplinary proceedings.

The watchdog also found no evidence that the man had been discriminated against based on his race or religion.

The clip is only eight seconds long, does not show what happened before the man was subdued and ends when one of the team of five officers shuts the door on the photographer.

The man had assaulted a doctor with a metal crutch during a mental health assessment and injured three officers with his walking sticks before the footage started, West Midlands Police said at the time.

WATCH the video here:

Mr Campbell said that striking the man over the head was "unconventional" but that body-worn camera footage supported the officer's statement that he feared for his safety.

“We know the impact these types of incidents have on public confidence in policing so it was important we investigated this incident thoroughly and fairly and that we examine all of the circumstances of the officers’ interactions with the man," Mr Campbell said.

“Our investigation found that this eight-second clip, which was widely shared on social media, was not wholly representative of the incident and actions of the officers involved.

'Not in any way racist'

The IOPC did conclude one officer should face "management action" for inappropriate language which continued after the man had been brought under control but said the language was "not in any way racist".

Concerns were raised by the man and his legal representatives that the way he was dealt with was influenced by discrimination based on his race and/or religion but the IOPC said there was no indication that he had been discriminated against in the accounts provided by the health staff present or in the body-worn video and audio footage.

"We also found nothing of relevance in the conduct records of the officer who we felt had used inappropriate language," the watchdog added.

The man was arrested on suspicion of assault and taken into custody after being left face down on the ground outside the property while handcuffed from the rear.

The IOPC said that an independent witness and body-worn footage indicated that the man was still struggling at this point and thus it was not practicable for the man to be taken out of the prone position.

Three officers suffered various injuries to their arms, heads, face and hands during the incident and two officers were treated for the effects from the incapacitant spray. The doctor sustained a minor injury.

The arrested man was found to have no injuries after being medically examined and was released facing no further action.

Officers hit with a crutch

Mr Campbell added: “Body-worn footage indicated that the officers who entered the property were met with aggression by the man concerned.

"Without warning one of the officers was struck and injured by one of two metal implements being swung at them.

“Another three officers were then involved in the restraint, one of whom repeatedly struck the man over the head while holding a can of incapacitant spray.

"While that was unconventional, the man had been violent and was refusing to co-operate and the body worn video supported the officer’s account that he feared for his safety and that of his colleagues.

“Given the situation the officers faced we were satisfied that the use of force was necessary and proportionate.”

Chief Superintendent Chris Todd, head of the West Midlands Police professional standards department, said: “We do not underestimate the impact that the footage of this incident had on the public’s confidence in policing at the time and again, having been re-shared recently.

“On first view, the video is really shocking but the clip is not representative of the whole incident and our officers were found to have been justified in their actions given the situation they faced by the IOPC, who examined body worn video captured at the scene.

“The use of body worn video is crucial in our scrutiny of our interactions with the public and we continue to support and embed its use with our frontline officers.

“When we receive allegations of excessive force against our officers we thoroughly investigate and take action where appropriate. We will also continue to co-operate fully with the IOPC independent investigations."

West Midlands Police referred itself to the IOPC after the arrest on February 25 last year.

During the investigation, which concluded in January, statements were taken from the health staff, the complainant and the officers who were present during the incident.

They also reviewed police body-worn video and social media footage. The man’s legal representatives have been provided with the report.