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Police officers charged following Kingsley Burrell custody death (20 October 2016)

Date: 20/10/2016
Duncan Lewis, Legal News Solicitors, Police officers charged following Kingsley Burrell custody death

The Crown Prosecution Service (‘CPS’) has announced there is now "sufficient evidence to charge" the West Midlands officers who had been involved in the restraint of Mr Kingsley Burrell hours before his death in 2011. The matter had been referred to the CPS in 2014 but it had concluded there was insufficient evidence to establish a prosecution.

In 2011 Mr Burrell had called emergency services, claiming that two men had pointed guns at his forehead. Police attended and, upon viewing local CCTV which disproved his claims, detained Mr Burrell under the Mental Health Act. This legislation authorizes the police to take someone who they believe is mentally ill and in need of immediate care, to a ‘place of safety’. The police may use only ‘reasonable force’ when exercising that power. He was taken to a local hospital and remained there for four hours, before being taken to a psychiatric unit in Birmingham. There he was placed in leg restraints and handcuffs for a number of hours. He was also left in seclusion with a covering over his head. Mr Burrell died from cardiac arrest a short time later.

An inquest held in 2011 and conducted over a period of six weeks, instead concluded that there had been ‘gross failings’ by the agencies involved. It found that prolonged restraint and a failure to provide medical help had contributed to Mr Burrell’s death. A blanket which had been placed over Mr Burrell's face and left there by ambulance workers, hospital staff and police had also been a major contributing factor.

The inquest jury heard evidence from those involved in Mr Burrell’s detention and care at that time. Mr Burrell’s family made a complaint to the police following the inquest relating to how the officers had given their evidence.

The officers have now been charged with perjury and with attempting to pervert the course of evidence.

Assistant Chief Constable Garry Forsyth said: "We do not underestimate the impact Kingsley Burrell's death and the subsequent investigation has had on both his family and the wider community" and insisted that “crucial lessons have been learned from this tragic case and how the force manages people who are detained with mental and physical health needs.”

West Midlands Police launched its street triage scheme in 2013. This has seen the force working alongside regional NHS Trusts to launch specialist units of officers, psychiatric nurses and paramedics to answer calls involving people thought to be experiencing mental ill health.

These events show how human and system error can ultimately cause people to suffer serious injury and even death.

Unfortunately, a gulf of disagreement remains between what mental health charities expect from the police and what service senior police officials believe their officers should provide. Injuries and death are likely to continue where misunderstanding continues to exist between the healthcare and policing professions.

The effects of police misconduct can have a long-term detrimental impact on the victim’s liberty, mental and physical health or ability to pursue their chosen career. Challenging a police organisation without the support and advice of a specialist lawyer can prove complex and daunting. Our experienced lawyers draw on their wide experience from many years of practice. Each now specializes in these types of action and we have a proven track record of successfully obtaining both justice and compensation for our clients.

Duncan Lewis offers specialist legal advice in the areas of Actions Against the Police and Public Authorities. We can also investigate public authorities where there are allegations of abuse. Our specialist Action Against the Police lawyers can also conduct an initial free assessment of your case. Contact us today to discuss your claim. To contact a member of the team please call our specialist solicitors on 03337720409. We will answer any questions you may have about taking Action Against the Police, a public authority or with an abuse claim. Our specialist lawyers can also conduct an initial free assessment of your case.

Author Graeme Rothwell joined Duncan Lewis Solicitors in March 2016 as a member of the Actions Against the Police Department. With a solid experience of criminal defence he also conducts claimant litigation against the police where there are allegations of misconduct.

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