Independent Office for Police Conduct (IOPC - formerly IPCC)
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Final warning for police officer who used excessive force on grandfather
The IPCC directed Pc Kevin Payne from West Mercia police face a misconduct hearing over the incident.
The victim had been at a boxing event in Shrewsbury in 2011 when trouble broke out inside the venue. The man left with his family, including his grandchildren, and was waiting outside for a lift home when a police car pulled up next to him.
He was grabbed and put in an arm lock after commenting on a police officer’s driving, which he considered to be dangerous. He was not arrested but let go with Pc Payne telling him to "f*** off home”.
The man complained about his treatment but unhappy that West Mercia gave Pc Payne management advice over his swearing while failing to deal with the issue of excessive force, appealed to the IPCC. The IPCC upheld the appeal and directed that the force should reinvestigate; recommending Pc Payne be issued with a notice for gross misconduct and interviewed again but under criminal caution.
During the second investigation, though, Pc Payne, on the advice of the Police Federation, refused to be interviewed, which meant that sufficient justification for the use of force was not provided. The complaint was again not upheld by West Mercia.
The victim then submitted a second appeal to the IPCC, which was also upheld on the basis that there was a case to answer for gross misconduct. A direction that Pc Payne face a misconduct hearing was made by the IPCC. The hearing, carried out by West Mercia police, ended with a finding of gross misconduct against Pc Payne and a final written warning being given.
IPCC Commissioner for West Mercia Derrick Campbell said: "It is disappointing that this man was forced to go through the police complaints appeal process twice for something that could and should have been dealt with by West Mercia police the first time around. It is important that the public are reassured that the police service takes their complaints seriously and treat them in the appropriate way. It is also very disappointing to know that the Police Federation feel it is acceptable practice to encourage public servants to not cooperate fully with IPCC investigations.
"The behaviour of the officer in this case fell well below that expected of police officers and resulted in a 65-year-old man receiving injuries that have caused him considerable pain and discomfort.”
For media enquiries contact the IPCC press office on 0161 246 8633
