1 Aug 2012

Police use ‘excessive force’ in death in custody case

Police used an “unsuitable level of force” when they handled a fit 40-year-old man who later died of a cardiac arrest, an inquest jury finds.

Sean Rigg, a musician who had a 20-year history of mental illness, died after he was arrested by police and placed in a cage in the back of a police van in August 2008.

The inquest heard how he was kept in the caged footwell of the van handcuffed, face down and in a prone position with his legs bent back, touching his buttocks.

Delivering a narrative verdict, the jury found that the cause of his death was cardiac arrest, acute arrhythmia, ischemia, and partial positional asphyxia. They added that “an absence of appropriate care and urgency of response…more than minimally contributed to Sean Rigg’s death”.

They added that standing him up had been “unacceptable and inappropriate”, and leaving him in handcuffs was “unneccessary and inappropriate”, and that there was a lack of care by the police.

The police “more than minimally contributed to Sean Rigg’s death”, the jury said, adding that they failed to get him an ambulance as quickly as possible.

‘Unsuitable force’

Coroner Andrew Harris added: “The level of force used on Sean Rigg whilst he was restrained in the prone position at the Weir estate was unsuitable.

“In addition, there was an absence of leadership. This led to a failure to take appropriate control of the situation.”

Speaking after the verdict, his family issued a statement describing how how they had “sat through a long and painful seven weeks reliving the final days and hours of Sean’s precious life”.

The statement said: “The evidence we have heard has left us in no doubt that Sean died as a result of the wilful neglect of those who were meant to care for him and keep him safe.

“If the South London and Maudsley Trust had done their job properly and provided the care and help that Sean urgently needed, he would be alive today.

“If the police had not ignored repeated 999 calls from the hostel, and taken Sean to the hospital as they should have done, he would be alive today.”

“The level of force used on Sean Rigg whilst he was restrained in the prone position at the Weir estate was unsuitable.” Coroner Andrew Harris

They added that they felt “utterly let down” by the Independent Police Complaints Commission which, they believe, had led an “inadequate and obstructive” investigation into his death.

The inquest at Inner London South Coroner’s Court heard how Rigg had failed to take his medication for some two months prior to the episode.

The afternoon that he was arrested, he had smashed up a gazebo in the garden of the hostel he had been staying at, in south London.

He then left the hostel and was seen practising martial arts moves before he became involved in a series of scuffles. He was held by police shortly afterwards and placed in the cage.

Mental health

The inquest heard how Rigg, a musician who was prone to attacks of mental illness after he took LSD at the age of 20, was not treated with extra care by Inspector Andrew Dunn despite his known history of mental health issues.

Inspector Dunn, a section sergeant, told the inquest that pieces of information showing the detainee was at risk were not married together. He added that he was unaware the man his officers had arrested was Rigg, and did not recognise him from a description when he saw him in handcuffs in the back of the van.

The jury also raised concerns that South London and Maudsley NHS Trust had failed to ensure Rigg had taken his medication, and their failure to carry out a mental health assessment “more than minimally contributed to Sean Rigg’s death”.

A spokeswoman for the trust said: “We apologise to the family of Mr Sean Rigg that he did not receive the standard of care he was entitled to expect from us.

“Having reviewed the care and treatment we provided to Mr Rigg, it is clear that different clinical decisions should have been taken in the days leading up to his tragic death.

“In particular, we accept a Mental Health Act assessment should have been undertaken when it became apparent that Mr Rigg was relapsing.”

‘Lessons will be learned’

After the verdict, the charity Inquest said: “Time and time again we’re told that ‘lessons will be learned’ and yet we see the same poor practice and system failures. A system that is not seen to deliver justice will continue to undermine public trust and confidence.

“As in other similar cases, no police officer has lost their job, faced misconduct action or been prosecuted.

“Equally, public institutions must be called to account for their corporate failure to implement required systems changes identified following previous deaths.”

IPCC Commissioner Amerdeep Somal said: “The IPCC is considering the jury’s narrative verdict and the further evidence which has emerged through the inquest process.

“I have no doubt there are lessons for the IPCC from the investigation into Mr Rigg’s tragic death. His family has demonstrated considerable determination and fortitude in seeking answers to the circumstances of his death and I acknowledge their sense of frustration with the IPCC investigation.

“We will ensure that the IPCC review of deaths which is due to begin in September takes into account the inquest findings and Mr Rigg’s family’s concerns to see what improvements we can make in our practices to ensure a greater level of public confidence in our work in this crucial area.”