Investigation concluded into death of Simeon Francis in Torquay

The Independent Office for Police Conduct's (IOPC) investigationinto the death of 35-year-old Simeon Francis in Torquay custody suitehas concluded and our investigationreport has been provided to Mr Francis' family and HM Coroner.

Mr Francis was found unresponsive in his cell on Wednesday 20 May 2020, and subsequently sadly pronounced dead at around 6pm that evening. Mr Francis had been arrested at 12.45am that day in Exeter. The force submitted a referralto the IOPC on 20 May 2020, and we started our independent investigationshortly afterwards.

We examined the circumstances surrounding Mr Francis' death, including whether information and risks identified during previous police detentions were adequately shared with custody staff. We also examined Mr Francis' arrest and transport to custody, the level of care provided to him in custody and the police response when he became unwell, including medical attention provided prior to the arrival of paramedics on 20 May.

A post mortem examination identified Mr Francis' cause of death as sudden unexpected death in epilepsy.

One officer was served with a misconductnotice for potentially failing to follow relevant police guidance regarding detainees who are believed to have swallowed drugs. This was in relation to comments Mr Francis made to officers at the scene of his arrest in Exeter. On further investigation, we found the officer had followed procedure and had no case to answer.

We also examined whether discrimination based on Mr Francis' ethnicity was a factor in his treatment while in custody. It is apparent from the body-worn video evidence that the two White males who were arrested together with Mr Francis were taken to Exeter custody suite, whereas Mr Francis was taken to Torquay. The evidence indicated that the decision to take Mr Francis to Torquay was based on the assessment that he could not be safely accommodated at Exeter custody suitebecause of the number of detainees there who had high medical needs and Mr Francis had a known heart condition and presented other risks. In relation to Mr Francis' detention in custody, the evidence as a whole indicates that his care in custody was in accordance with relevant policies and procedures and did not indicate he was discriminated against due to his ethnicity.

IOPC regional director, Catrin Evans said: 'Our thoughts remain with Mr Francis' family and friends at this time. We have provided them with our investigationreport which we hope will provide them with answers to the questions they will have about why Mr Francis died while he was in police custody. In these circumstances, it is vital there is an independent investigationof police actions.

'While we did not find that any person serving with the police has a case to answer for breaching police professional standards, we did recommend that Devon and Cornwall Police urgently consider the training and awareness in place for custody staff on Police National Computer warning signals for health conditions and the system in place for checking that custody staff are using these markers.

'We have also provided HM Coronerwith our report and the underlying evidence, which will help to inform the inquest proceedings which will ultimately determine how Mr Francis died.'

We will publish our full findings once inquest proceedings are complete.

An act of parliament that provides the core framework of police powers to combat crime and provide codes of practice for the exercise of these powers.

Leads and manages the development of the police service in England, Wales and Northern Ireland.

The body that represents the interests of all police constables, sergeants, and inspectors.

Deals with someone's inability or failure to perform to a satisfactory level, but without breaching the Standards of Professional Behaviour.

Focuses on putting an issue right and preventing it from happening again by encouraging those involved to reflect on their actions and learn. It is not a disciplinary process or a disciplinary outcome.

Department within a police force that deals with complaints and conduct matters.

Refers to lower-level misconduct or performance-related issues, which are dealt with in a proportionate and constructive manner.

This means doing what is appropriate in the circumstances, taking into account the facts and the context in which the complaint has been raised, within the framework of legislation and guidance.

The average is calculated using the individual results of the forces in that most similar force group.

An investigation carried out by IOPC staff.

Carried out by the police under their own direction and control. The IOPC sets the terms of reference and receives the investigation report when it is complete. Complainants have a right of appeal following a supervised investigation (unless it is an investigation into a direction and control matter).

This act sets out how the police complaints system operates.

How a police force is run, for example policing standards or policing policy.

An investigation carried out by the police under the direction and control of the IOPC.

The organisation that is responsible for assessing how to deal with a complaint. For example - whether it can be handled locally or reaches the criteria for referral to the IOPC. The appropriate authority may be the chief officer of the police force or the PCC for the force. If a complaint investigation finds that someone has a case to answer for misconduct, the appropriate authority is responsible for arranging any misconduct proceedings. If you make a complaint, the appropriate authority for your case will contact you.

An intelligence-led agency with law enforcement powers, it is also responsible for reducing the harm that is caused to people and communities by serious organised crime.

Policing bodies include police and crime commissioners, the Common Council for the City of London, or the Mayor's Office for Policing and Crime.

Investigations carried out entirely by the police. Complainants have a right of appeal following a local investigation (unless it is an investigation into a direction and control matter).

IOPC guidance to the police service and police authorities on the handling of complaints.

A complaint or recordable conduct matter that doesn't need to be referred to the IOPC, but where the seriousness or circumstances justifies referral.

Parameters within which an investigation is conducted.

A person is adversely affected if he or she suffers any form of loss or damage, distress or inconvenience, if he or she is put in danger or is otherwise unduly put at risk of being adversely affected.

This is where a manager deals with the way someone has behaved. It can include: showing the police officer or member of staff how their behaviour fell short of expectations set out in the Standards of Professional Behaviour; identifying expectations for future conduct; or addressing any underlying causes of misconduct.

This could be the Police and Crime Commissioner, the Common Council for the City of London, or the Mayor's Office for Policing and Crime.

A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and an explanation, an apology, or a meeting between the complainant and the officer involved.

A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and an explanation, an apology, or a meeting between the complainant and the officer involved.

A breach of standards of professional behaviour by police officers or staff so serious it could justify their dismissal.

A matter where no complaint has been received, but where there is an indication that a person serving with the police may have committed a criminal offence or behaved in a manner that would justify disciplinary proceedings.

Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.

The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.

Quarter 1 covers 1 April - 30 June Quarter 2 covers 1 April - 30 September Quarter 3 covers 1 April - 31 December Quarter 4 covers the full financial year (1 April - 31 March).

You can request a review/appeal if you're not satisfied with how your complaint has been handled.

Used to house anyone who has been detained.

Complainants have the right to appeal to the IOPC if a police force did not record their complaint or notify the correct police force if it was made originally to the wrong force.

The purpose of an investigation is to establish the facts behind a complaint, conduct matter, or DSI matter and reach conclusions. An investigator looks into matters and produces a report that sets out and analyses the evidence. There are three types of investigations: local, directed and independent.

The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.

The type of behaviour being complained about. A single complaint case can have one or many allegations attached.

A person who makes a complaint about the conduct of someone serving with the police.

The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.

List of officers and staff who have been dismissed from policing, or would have been if they had not retired or resigned.

The type of behaviour being complained about. A single complaint case can have one or many allegations attached.

Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.

An independent judicial officer, the coroner enquires into deaths reported to him/her.

A breach of the Standards of Professional Behaviour that would justify at least a written warning.

No further action may be taken with regard to a complaint if the complainant decides to retract their allegation(s).

A record is made of a complaint, giving it formal status as a complaint under the Police Reform Act 2002.

This is a format where information is written in plain English and short sentences.

The IOPC must be notified about specific types of complaint or incidents to be able to decide how they should be dealt with.

No further action may be taken with regard to a complaint if the complainant decides to retract their allegation(s).

Casework involves assessing appeals. Casework staff also have a role in overseeing the police complaints system to help ensure police forces handle complaints in the best possible way.

Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.

Conduct includes acts, omissions, statements and decisions (whether actual, alleged or inferred). For example: language used and the manner or tone of communications.

You can request a review/appeal if you're not satisfied with how your complaint has been handled.

You can request a review/appeal if you're not satisfied with how your complaint has been handled.

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