IOPC learning recommendation-- response to a stop and search- ix216720

Title: IOPC Learning recommendation under paragraph 28A of schedule 3 to the Police Reform Act 2002
Branch/OCU: Prevention and Learning, Directorate of Professional Standards (DPS)
MPS Reference: IX/2167/20

On 31 March 2020, Metropolitan Police Service police officers were on routine patrol when they stopped two men who they had reason to believe were in possession and under the influence of drugs at the time. On the flat roof area of a residential building, which was enclosed by a low perimeter wall, both men were searched under Section 23 of the Misuse of Drugs Act 1971 and admitted to smoking cannabis. Following completion of the search, a resident came out onto the roof area and began speaking with the officers; in this moment one of the men who had been searched staggered backwards and fell over the edge of the wall and onto the ground below sustaining serious head injuries, but has subsequently made a full recovery.

The Independent Office for Police Conduct (IOPC) investigated the circumstances of the incident. During the course of its investigation the IOPC made the following learning recommendation to the MPS:

Recommendation

The IOPC recommends the Metropolitan Police Service reviews and amends their stop and search policies, procedures and training to include a routine risk assessment of the physical environment in which the individual has been stopped, and that this is considered together with the physical and mental condition of the individual prior to conducting the search. The amendment should require the officers to specifically consider the geographical location and surroundings of the stop, and any dangers associated with it, and to take action to mitigate any risks identified-such as relocating to a safer place-if possible.

MPS Response

The MPS has considered and accepts the IOPC’s recommendation. The current MPS Stop and Search Policy toolkit has been reviewed and amended to reflect the IOPC’s recommendation. The policy is currently in the consultation stage of development with our internal and external partners prior to its publication.

The wording has been approved by the MPS Stop and Search Lead and will be published on the MPS Stop and Search Policy Page and disseminated as a policy update to the MPS Stop and Search Leads on each Basic Command Unit. This will be completed by the end of February 2021. In the interim, an update will be published on the MPS internal website.

The wording of the policy has been amended to the following: It is important everyone is kept safe during a stop and search and it is your responsibility to ensure it is a ‘safe searching environment’. A dynamic risk assessment should be made prior to any search being conducted using the RARA risk management framework (Remove the risk, Avoid the risk, Reduce the risk, Accept the risk).

Places

• Always conduct a ‘visual sweep’ of the area prior to any search.
• Is the area level, stable and has sufficient lighting
• Look for anything that could be used as weapon
• If the stop and search does take place at height because it is absolutely necessary and there are no other options available (such as within a flat, on a balcony or any elevated terrace), in addition to MPS working at height advice, ensure all windows are shut and create distance from edges/fences/railings.

Person

• Follow the quality of encounter model (Explain, Ensure understanding, Record, Reassure) and recognise the impact stop and search has within our communities. Community impact is essential to having a more compliant and legitimate encounter.
• Are they suffering from the effects of drink, drugs or a medical illness? Consider a ‘safeguarding approach’ both during and after the search.
• Are they suffering with mental health problems? Consider support from external agencies and partners to ensure the individual is supported appropriately.

Police

• If searching with colleagues have you agreed roles and responsibilities? Has someone been nominated as the covering officer or safety officer, is there capacity for an officer to engage with onlookers? Do they know they are doing these roles?
• Are you wearing gloves/ masks?

Public

• Are the public at risk from searching here?
• Do the public pose a risk to you?
• The safety of everyone is paramount, so if it cannot be made safe consider moving (Codes of Practice says the search must be carried out at or near the place where the person stopped) or use a different policing tactic.
• If working operationally at height the current MPS operational hazards advice takes precedent: “Officers may need to access height whilst pursing offenders or investigating crime. Where this spontaneous need is identified then unless absolutely necessary to save life then officers must not access any roof, void or area at height unless they have carried out a dynamic risk assessment to consider the roof type and condition, the height they will be at, safety features such as handrails and weather conditions.”

The MPS Continuous Policing Improvement Command has liaised with the MPS Safety and Health Risk Management Team. They have advised that the existing Dynamic Risk Assessment training, delivered to all police officers during their initial police training and the Policing Education Qualifications Framework programmes, is sufficient as it already provides training for these types of scenario.

The change in policy and associated considerations that increase emphasis will be notified to all officers. They will be advised to take environmental and physical factors into account when carrying out any stop and search activity and to record the decision making accordingly.