Rashan Charles: Police officer who arrested man before death in custody 'failed to perform role satisfactorily'

The police officer who arrested and restrained Rashan Charles before his death failed to perform his role satisfactorily, the police watchdog has said.

An investigation by the Independent Office for Police Conduct (IOPC) found that the performance of the officer who restrained the 20-year-old last summer “fell short of expected standards ... either through a lack of competence or capability”.

But the probe indicated that the failings were not deliberate and did not amount to misconduct, saying the officer “froze” in circumstances which were “difficult, stressful and exhausting”.

Mr Charles' solicitor said the family was actively considering challenges to the decision because they were "extremely disappointed" by the findings. Imran Khan QC said the family was particularly concerned by the manner in which they had been treated throughout the investigation process.

The 21-year-old died in the early hours of 22 July 2017 after being chased into a shop in the East London district of Dalston, where CCTV showed a police officer struggling with him on the floor.

The Crown Prosecution Service (CPS) announced in January that the officer, known only as BX47, would not face charges.

An inquest into the young man’s death in June found that BX47 failed to follow protocol in responding to problems with Mr Charles’ breathing and should have called the ambulance service sooner, but concluded that the death was an accident following justified use of force.

The IOPC’s investigation into the incident, which was submitted to the coroner but was published on Wednesday morning, finds that although the officer’s “basic failings” may not have been the cause of Mr Charles’ death, they do represent a failure to perform his role satisfactorily.

The watchdog recommends the officer should undergo unsatisfactory performance procedures for his failings that day – which the Met Police has agreed to.

It found that BX47 failed to switch on his body-worn video camera as he left his police vehicle in order to pursue Mr Charles, and asked that the force make clear to officers that they should be switched on immediately in operational situations.

The IOPC also identified conflicting advice given to police nationally about searching people suspected of placing drugs or other packages in their mouths, and announced a comprehensive review into the practice.

Jonathan Green, IOPC regional director for London, said: “This was a tragic incident and I cannot begin to imagine the loss that Rashan’s family have suffered. My sympathies remain with them and everyone affected by Rashan’s death.

“We found that officer BX47 was responsible for some basic failings and although they may not have been the cause of Rashan’s death, I think they do represent a failure to perform his role satisfactorily – either through a lack of competence or capability.

“The evidence suggests that the situation which developed in the shop, did so rapidly, taking the officer by surprise to the extent that he ‘froze’ in circumstances which were difficult, stressful and exhausting.

“These failures, however, were not deliberate and it is acknowledged by witnesses present at the scene, supported by expert evidence gathered in this investigation, that BX47 did his best in difficult circumstances.”

Mr Khan QC said: “We are discussing with Rashan’s family the content of the IOPC’s findings and actively considering challenges to the decision because they are extremely disappointed by the findings of the IOPC and are particularly concerned by the manner in which they have been treated throughout the investigation process.

"Regrettably, the IOPC, not unlike its predecessor the IPCC, has not delivered the accountability and justice that this family deserve and the public require in order to have any confidence in the way in which it deals with and investigates complaints against the police.

"Rashan Charles, a young man at the beginning of his life, died in 21st century London following contact with a police officer, yet no police officer has faced any meaningful sanction whatsoever."

Lucy McKay, policy and communications officer at INQUEST, said: “The IOPC note that the restraint technique used was ‘unorthodox’ but did not find this amounted to misconduct.

"They highlight the stressful and exhausting circumstances faced by the officer. The same generous considerations were not afforded to Rashan, in life or in death."