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Family of man who died in custody demands answers over police restraint Family of man who died in custody demands answers over police restraint
(about 3 hours later)
The family of a 32-year-old man who died in police custody after being restrained using a specially made emergency belt has criticised authorities for a "lack of compassion". About half a dozen police forces still have access to a type of restraint belt used a year ago during the fatal arrest of a man with mental health problems, it emerged on Monday.
Thomas Orchard was arrested by Devon and Cornwall police and taken into custody on suspicion of a public order offence in October 2012. Orchard, who had been diagnosed with schizophrenia, later died in hospital after becoming unresponsive while in a police cell. Thomas Orchard, a 32-year-old church caretaker, collapsed and died after an emergency restraint belt (ERB) was fastened across his mouth as a "spit hood", apparently to prevent him aiming saliva or a bite at officers. On the anniversary of his death, members of Orchard's family and campaigners criticised the inhumane treatment they claim he suffered and called for more information about how ERBs were – and still are – used.
According to a Channel 4 News investigation, during Orchard's detention, a seven-inch wide "emergency response belt" was placed on or around his face in order to stop him spitting or biting. The padded belt is designed to be used to restrain the upper body. Orchard's sister Jo said the family still had many unanswered questions about the way her brother, who had scizophrenia, died and the use of ERBs, which are designed to bind the legs or arms.
The Independent Police Complaints Commission (IPCC) said it passed a file indicating possible criminal wrongdoing to the Crown Prosecution Service (CPS) and the Health and Safety Executive in July. "My brother's case should have been treated as a medical crisis rather than a criminal one," she said.
Speaking a year after his son's death, Ken Orchard said the family had waited seven months before his son's body was finally returned for burial. "As a family grieving the loss of Thomas, we feel that there has been a lack of compassion from the powers that be," he said. Orchard was arrested after a disturbance in Exeter, Devon.
He said it was agony and that his family was "struggling to get any closure" after failing to receive answers as to how his son died. His sister said: "He should have been sectioned rather than arrested. If this call was made correctly my brother would still be alive today. We have a lot of questions about how and why the ERB was used. We have huge concerns about that."
The family has also been told that CCTV footage recording the restraint incident is very distressing, but have not yet been allowed to view it. Orchard's mother Alison said her son had been doing "so well" until he suffered a relapse shortly before his arrest. "He was working, he was very much part of his church community in Exeter. They love him and miss him. He was also getting fit at the local gym; he was very busy."
"An emergency restraint belt was applied. We don't know why or how fully it was applied. We have massive concerns about its use and we continue to ask questions of the IPCC and the CPS, " Thomas's sister Jo told Channel 4. The Independent Police Complaints Commission (IPCC) has submitted a file of evidence to the Crown Prosecution Service (CPS) relating to six police officers and staff and also one nurse involved in the arrest. In addition, the IPCC has asked the Health and Safety Executive to consider corporate charges against Devon and Cornwall police. The IPCC has written to other police forces about the use of ERBs.
"We've lost Thomas under horrible, horrible circumstances … at this point we just need answers," she added. A spokesman said: "The IPCC identified a risk in the way an ERB was used on Mr Orchard as a spit hood by Devon and Cornwall and wrote to all chief constables in England and Wales. The letter expressed concern that use of an ERB in this way posed a risk."
Deborah Coles, co-director of the charity Inquest, said Devon and Cornwall constabulary had to be held accountable for their actions. "The police at an individual and corporate level must be held accountable for the exercise of their powers. Nowhere is this more important than where a vulnerable citizen dies in their custody following the use of force. Devon and Cornwall police said officers were still using the ERB but not as a spit hood.
"Questions must be asked about the use of the ERB [emergency response belt], who sanctioned it and what monitoring and regulation of its use took place," she told Channel 4. The company that supplied the belts to the force, Pro-Tect, said it provided the restraints to about another half a dozen other forces.
Mark Wiliams, who trains police in the use of the ERBs for Pro-Tect, said he had never taught officers to use them as spit hoods - but could imagine a scenario they might be used in such a way. "If someone was trying to spit or bite, it might be a viable option," he said.
It is not known which other forces have the ERB or how they use it. Orchard's family is frustrated at the pace of the investigation and angry that the police involved have not been suspended but moved away from frontline duties.
A police spokesman said: "The force has assisted the IPCC whereever possible in gathering information regarding their inquiry. It was decided the staff concerned remaining at work on restricted duties would not impact or prejudice the investigation in any way.
Deborah Coles, co-director of the human rights campaign group Inquest, said Orchard's death was one of the most shocking the organisation had dealt with. "Mr Orchard was subject to inhuman treatment. It shows a systematic failure to learn from previous deaths in custody. There is still no national police strategy for police responding to police with mental health issues and that is disgraceful."
An IPCC spokesperson said: "The investigation into the death of Thomas Orchard led to a file of evidence submitted to the Crown Prosecution Service and concerns Mr Orchard's time in custody. It relates to two custody detention staff, three police officers, one custody sergeant and a nurse who is employed by a contractor.An IPCC spokesperson said: "The investigation into the death of Thomas Orchard led to a file of evidence submitted to the Crown Prosecution Service and concerns Mr Orchard's time in custody. It relates to two custody detention staff, three police officers, one custody sergeant and a nurse who is employed by a contractor.
"It will be a matter for the Crown Prosecution Service to determine whether criminal charges will be brought against any of those police staff involved in Mr Orchard's detention on that day."It will be a matter for the Crown Prosecution Service to determine whether criminal charges will be brought against any of those police staff involved in Mr Orchard's detention on that day.
"The IPCC also submitted a file of evidence to the Health and Safety Executive in August for them to consider corporate charges.""The IPCC also submitted a file of evidence to the Health and Safety Executive in August for them to consider corporate charges."
Commenting more widely on police action over mental health in the community, Sir Peter Fahy, the chief constable of Greater Manchester police, said deaths in custody occurred because his officers were not trained to deal with mental health issues.Commenting more widely on police action over mental health in the community, Sir Peter Fahy, the chief constable of Greater Manchester police, said deaths in custody occurred because his officers were not trained to deal with mental health issues.
Speaking on Radio 4 on Monday, Fahy, one of Britain's most senior police chiefs, said: "A lot of the deaths in custody are because … people who have got mental illness are totally inappropriately taken to police stations. That's often when tragedies occur. Speaking on Radio 4, Fahy, one of Britain's most senior police chiefs, said: "A lot of the deaths in custody are because … people who have got mental illness are totally inappropriately taken to police stations. That's often when tragedies occur.
"We need to fundamentally change the way that we actually address this wider issue about the number of ill people we take to police stations," said Fahy, adding that society should try to "move away from the Victorian idea almost that people with mental illness are bad"."We need to fundamentally change the way that we actually address this wider issue about the number of ill people we take to police stations," said Fahy, adding that society should try to "move away from the Victorian idea almost that people with mental illness are bad".
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