Police officer filmed repeatedly hitting black man in head used 'proportionate' force, watchdog finds

IOPC says man had attacked police with his crutches and officers involved should not be disciplined

A watchdog has found that police used “necessary and proportionate” force against a black man in a violent incident that was widely shared on social media, and that he was not discriminated against.

Footage of a West Midlands Police officer repeatedly striking the man’s head while he was being arrested in Sandwell has been viewed millions of times in recent weeks.

It happened in February 2019 but the video was shared again on Twitter by supporters of the Black Lives Matter movement, and has been watched 4.5 million times since 31 May.

The Independent Office for Police Conduct (IOPC) said the eight-second clip “was not wholly representative of the incident and actions of the officers involved”.

The watchdog investigated the incident after the footage was originally posted online last year, and West Midlands Police voluntarily referred its officers for investigation.

It said the officers had been responding to a reported assault on a health worker and that the man being arrested had hit them with his crutches.

IOPC regional director Derrick Campbell said: “Body-worn [camera] 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.”

Footage of the man being restrained sparked an investigation (Twitter)

The IOPC concluded that none of the officers involved should be disciplined but one “should face management action for using inappropriate language” after the man was restrained.

Supporters of the arrested man previously said he was Muslim and that he had been discriminated against.

The IOPC confirmed that 38-year-old and his legal representatives had alleged that his treatment was influenced by racial and religious discrimination.

But investigators said the probe, including interviews with health staff who had been present and video footage, did not find evidence to support that.

“We also found nothing of relevance in the conduct records of the officer who we felt had used inappropriate language, although that was not in any way racist,” the IOPC added.

The man’s lawyers also raised concern over how he had been left face-down on the ground after being handcuffed with his arms behind him.

But the IOPC said footage and an independent witness said he was “still struggling”, adding “We concluded that in these circumstances it was not practicable for the man to be taken out of the prone position.”

The investigation concluded in January but the publication of findings was delayed by the coronavirus outbreak, a spokesperson said.

Mr Campbell added: “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 examined all of the circumstances of the officers’ interactions with the man.”

West Midlands Police said the incident happened at the West Cross shopping centre in Sandwell on 25 February after a doctor was attacked with a metal crutch as he conducted a mental health assessment.

A spokesperson said two officers were hit during the incident and required hospital treatment.

“The man was arrested and medically examined in custody - he was uninjured,” a statement said. “He was subsequently released facing no further action.”

Ch Supt Chris Todd, head of the force's standards department, said the footage shared was “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,” he added.

“When we receive allegations of excessive force against our officers we thoroughly investigate and take action where appropriate.”

The findings were published on Wednesday, amid continuing protests sparked by the death of George Floyd in the US.

British police leaders previously issued a joint statement saying they “stand alongside all those across the globe who are appalled and horrified” by Mr Floyd’s death.

They vowed to “tackle bias, racism or discrimination wherever we find it”.

But, writing in The Independent, the head of the police watchdog said forces must listen and respond to “real and growing concerns” about racism within their own ranks.

The director general of the IOPC, Michael Lockwood, added: “There must be more research to understand issues of disproportionality, as well as assurance and scrutiny around tactics like use of force and stop and search.”

On Friday, parliament’s Home Affairs Committee announced an inquiry on policing and race.

MPs will be taking evidence on issues including the use of force, stop and search and the disproportionate use of coronavirus fines for black people.