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Disabled girl handcuffed by Sussex Police, IPCC finds Disabled girl handcuffed by Sussex Police, IPCC finds
(about 5 hours later)
An 11-year-old girl with mental health problems was handcuffed and put in leg restraints while being held in custody, the police watchdog has found.An 11-year-old girl with mental health problems was handcuffed and put in leg restraints while being held in custody, the police watchdog has found.
The girl was detained for a total of 60 hours without an appropriate adult by Sussex Police.The girl was detained for a total of 60 hours without an appropriate adult by Sussex Police.
A number of officers and staff members had a case to answer for misconduct, the Independent Police Complaints Commission (IPCC) said.A number of officers and staff members had a case to answer for misconduct, the Independent Police Complaints Commission (IPCC) said.
Sussex Police said it would respond to any "new learning" identified.Sussex Police said it would respond to any "new learning" identified.
'A nightmare''A nightmare'
The girl, named Child H in the IPCC's report, was arrested three times and detained under the Mental Health Act once between 2 February and 2 March 2012 The girl, named Child H in the IPCC's report, was arrested three times and detained under the Mental Health Act once between 2 February and 2 March 2012.
Her disability had not been diagnosed at the time of the police contact, but her mother had told officers she believed she had an autism spectrum disorder.Her disability had not been diagnosed at the time of the police contact, but her mother had told officers she believed she had an autism spectrum disorder.
Despite this, the IPCC found she was twice held overnight in police cells, without a parent, guardian or social worker present to support her.Despite this, the IPCC found she was twice held overnight in police cells, without a parent, guardian or social worker present to support her.
She was also restrained using a mesh anti-spit hood, handcuffs and leg straps.She was also restrained using a mesh anti-spit hood, handcuffs and leg straps.
Misconduct findingsMisconduct findings
The IPCC concluded a number of officers and members of police staff had a case to answer for misconduct. The IPCC concluded that a number of officers and members of police staff had a case to answer for misconduct.
Two of those identified - a custody sergeant and an inspector - who, according to investigators, failed to ensure an appropriate adult was present, have since retired.Two of those identified - a custody sergeant and an inspector - who, according to investigators, failed to ensure an appropriate adult was present, have since retired.
The force took "management action" against six custody sergeants found to have failed to ensure an appropriate adult was present.The force took "management action" against six custody sergeants found to have failed to ensure an appropriate adult was present.
It dealt with another custody sergeant found to have failed to ensure Child H was dealt with expediently whilst in custody, and two police constables for their restraint of Child H in handcuffs, in the same manner. It disciplined another custody sergeant found to have failed to ensure Child H was dealt with quickly, and two police constables who restrained the girl in handcuffs, in the same manner.
The watchdog found all nine had a case to answer for misconduct.The watchdog found all nine had a case to answer for misconduct.
No further action was taken against a former front desk enquiry officer who the IPCC believed had failed to treat Child H's mother according to her needs, a call handler for failing to log sufficient information about the girl's condition, and against a police constable who, in the view of the investigator, had a case to answer for misconduct.No further action was taken against a former front desk enquiry officer who the IPCC believed had failed to treat Child H's mother according to her needs, a call handler for failing to log sufficient information about the girl's condition, and against a police constable who, in the view of the investigator, had a case to answer for misconduct.
On a number of occasions, officers did not record any rationale for their use of force on the youngster, who has "a neurological disability which can cause challenging behaviour", inspectors said.On a number of occasions, officers did not record any rationale for their use of force on the youngster, who has "a neurological disability which can cause challenging behaviour", inspectors said.
Her mother, known as Ms H, said in a statement through her solicitors: "My daughter's contact with the police in 2012 was nothing short of a nightmare for both of us.Her mother, known as Ms H, said in a statement through her solicitors: "My daughter's contact with the police in 2012 was nothing short of a nightmare for both of us.
"At the time her disability meant that she could behave in very challenging ways, but what she needed was patience, respect and the support of her mother."At the time her disability meant that she could behave in very challenging ways, but what she needed was patience, respect and the support of her mother.
"Instead she was locked up in a police station without me or anyone else who knew her for support."Instead she was locked up in a police station without me or anyone else who knew her for support.
"I know that some of the officers were doing their best, but I cannot understand why others thought it was appropriate to put an 11-year-old girl in handcuffs and leg restraints."I know that some of the officers were doing their best, but I cannot understand why others thought it was appropriate to put an 11-year-old girl in handcuffs and leg restraints.
"I can't accept that it will ever be appropriate for the police to hood a disabled child, regardless of how they behave."I can't accept that it will ever be appropriate for the police to hood a disabled child, regardless of how they behave.
"I call on Sussex Police to stop doing this to children immediately.""I call on Sussex Police to stop doing this to children immediately."
IPCC recommendationsIPCC recommendations
The watchdog made a number of recommendations after its investigation, including:The watchdog made a number of recommendations after its investigation, including:
• Improved training on the use of force on children and adults with mental illness, to ensure the use of force is avoided wherever possible• Improved training on the use of force on children and adults with mental illness, to ensure the use of force is avoided wherever possible
• Additional training on detaining vulnerable people and the role of an appropriate adult• Additional training on detaining vulnerable people and the role of an appropriate adult
• Ensuring officers are accountable for their use of force• Ensuring officers are accountable for their use of force
IPCC Commissioner Jennifer Izekor said: "This was a complex investigation, which found Sussex Police officers failed to respond effectively to the needs of a vulnerable child.IPCC Commissioner Jennifer Izekor said: "This was a complex investigation, which found Sussex Police officers failed to respond effectively to the needs of a vulnerable child.
"While it is clear Child H had significant behavioural problems arising from her disability, Sussex Police and, indeed other agencies which were - or should have been - involved, did not appear to have the skills and capacity to respond to her effectively. The situation was exacerbated by the lack of understanding of Child H's complex needs.""While it is clear Child H had significant behavioural problems arising from her disability, Sussex Police and, indeed other agencies which were - or should have been - involved, did not appear to have the skills and capacity to respond to her effectively. The situation was exacerbated by the lack of understanding of Child H's complex needs."
Ms Izekor added she was pleased the force had engaged with Child H's family to improve any future dealings with her after the IPCC launched its investigation.Ms Izekor added she was pleased the force had engaged with Child H's family to improve any future dealings with her after the IPCC launched its investigation.
The force's temporary Deputy Chief Constable, Robin Smith, said: "As a chief officer I have a duty to protect officers and the public when we are called on for help, whether the threat comes from a child or someone who is unwell.The force's temporary Deputy Chief Constable, Robin Smith, said: "As a chief officer I have a duty to protect officers and the public when we are called on for help, whether the threat comes from a child or someone who is unwell.
"This is very often the case and it was on several occasions that the girl's mother called for our help."This is very often the case and it was on several occasions that the girl's mother called for our help.
"The application of any type of restraint is considered only when the level of resistance causes concern for the safety of the detained person, the officer and other members of the public.""The application of any type of restraint is considered only when the level of resistance causes concern for the safety of the detained person, the officer and other members of the public."