IPCC Report Highlights Police Failings Following Death in Custody

An Independent Police Complaints Commission (IPCC) report identified multiple missed opportunities by Avon and Somerset Police after the death of a young man following restraint, raising serious concerns about how individuals in mental health crisis are treated in police custody.

Overview of the Case

A report by the Independent Police Complaints Commission (IPCC) examined the circumstances surrounding the death of James Herbert, aged 25, following his interaction with police officers.

The report, titled Six Missed Chances, highlighted significant failings in the handling of a vulnerable individual experiencing a mental health crisis.

The findings have raised wider questions about police use of restraint, decision-making in custody situations, and the treatment of individuals requiring urgent medical care.

Background: Mental Health Crisis and Police Response

Police were aware that James Herbert had a history of mental health difficulties and had been unwell prior to his arrest.

Despite clear signs of distress, his situation was treated as a matter for detention rather than urgent medical intervention.

During his arrest and detention:

• – He was restrained using handcuffs and leg restraints
• – Transported in a police van over a significant distance
• – Taken to a custody suite instead of being treated as a medical emergency

The report concluded that these decisions contributed to a deterioration in his physical condition.

Deterioration in Custody

Evidence from the IPCC investigation highlighted that James’s physical condition worsened rapidly once restrained.

He displayed clear indicators of medical distress, including:

• – Difficulty breathing
• – Overheating and excessive sweating
• – Reduced responsiveness

Despite these warning signs, his condition was not treated as an emergency requiring immediate hospital care.

Instead, he remained in police custody, where appropriate medical intervention was delayed.

Failings Identified by the IPCC

The IPCC report identified a series of significant failings by Avon and Somerset Police, including:

• – Failure to recognise a medical emergency
• – Inappropriate use of restraint on a vulnerable individual
• – Delays in providing urgent medical care
• – Poor communication and decision-making throughout the incident
• – Failure to act on known information regarding his mental health

The report concluded that there were multiple opportunities where different actions could have been taken that may have changed the outcome.

Treatment in Custody

Upon arrival at the police station, James was moved into a cell rather than receiving medical attention.

The report highlighted serious concerns about how he was managed during this time, including:

• – Lack of appropriate medical assessment
• – Failure to escalate his deteriorating condition
• – Leaving a vulnerable individual without adequate supervision or care

His condition continued to decline, leading to a cardiac arrest. He was later transferred to hospital, where he died.

Communication with Family

Concerns were also raised about how information was communicated to James’s family.

Police contacted his mother during the incident but did not inform her of the seriousness of his condition. The family were later notified of his death several hours after events had unfolded.

These issues highlighted the need for improved transparency and communication with families during critical incidents.

Findings and Recommendations

The IPCC concluded that earlier recognition of medical risk factors and different decision-making by officers could have led to a significantly different outcome.

The report made recommendations aimed at improving:

• – Police training in recognising medical emergencies
• – Responses to individuals in mental health crisis
• – Multi-agency working between police, healthcare providers, and emergency services
• – Procedures around restraint and detention

While changes have since been introduced by some police forces, concerns remain about consistency across the UK.

Wider Issues: Policing and Mental Health

This case highlights a broader issue in policing, where officers are often the first responders to individuals in mental health crisis.

Without appropriate training, resources, or support from healthcare services, there is a risk that vulnerable individuals are treated within a criminal justice framework rather than as patients in need of urgent care.

The findings reinforce the importance of improved coordination between police, NHS services, and mental health professionals.

Family Impact and Calls for Accountability

The case has had a profound impact on James’s family, who have continued to call for accountability and systemic change.

They have highlighted the importance of learning from such incidents to prevent similar deaths in custody in the future.

Campaign organisations have also emphasised the need for greater oversight and reform in how deaths following police restraint are investigated.

Legal Support for Deaths in Custody and Inquests

Deaths in custody often lead to complex investigations and inquests involving police forces, healthcare providers, and other State bodies.

Specialist inquest solicitors can support families by:

• Investigating the circumstances surrounding a death
• Examining the role of public authorities
• Ensuring accountability through the inquest process
• Representing families at Coroner’s Court

Contact Our Inquest Solicitors

If you have lost a loved one following police involvement or in custody, you do not have to face the process alone.

Howells Solicitors offer a free, independent case assessment and can advise on funding options, including Legal Aid where available.

Our specialist Inquest team represent families across England and Wales, including in complex cases involving police restraint and deaths in custody.

Call us on 0114 249 6611 to speak with our team today.

Press links to the case:

https://www.theguardian.com/uk-news/2017/sep/21/police-missed-multiple-chances-help-james-herbert-died-cell-ipcc

https://www.bbc.co.uk/news/uk-england-bristol-41334669