Met officer dismissed without notice after using excessive force on teenage girl

A Metropolitan Police Service (MPS) officer has today (30 April) been dismissed without notice after a police disciplinary panel concluded he used excessive force on a vulnerable 17-year-old girl in East London.

The hearing followed our investigationinto a complaint made by an NHS Trust staff member and subsequent complaints from another staff member, and the girl's mother.

At the independently chaired disciplinary hearing, organised by MPS, it was determined PC Benjamin Kemp, based at MPS' North East Command, breached police standards of professional behaviour relating to use of force, and authority, respect and courtesy, and that gross misconductwas proven.

The panel heard that the teenager, who has learning disabilities, ran off from a group on an escorted walk in Newham, after becoming distressed on 8 May 2019.

She was near a main road and police were called by a concerned member of the public. The girl also flagged down a passing police car.

Officers' body-worn video showed the girl told officers she was a vulnerable child with mental health problems. She agreed to get in the police car, but then got out of it.

Officers tried to speak to her and then PC Kemp attempted to handcuff her. When this was unsuccessful, he then used CS spray less than a metre from her face. Police guidelines state it should not be used within a metre unless that is unavoidable. Within seconds he started using his baton and then struck her several times.

When another police unit arrived, the girl was immediately Tasered by an officer from that vehicle.

She was then struck several times more with the baton by PC Kemp, handcuffed and put into a police van. In total she was struck at least 30 times.

The girl was black but there has never been any indication that racial discrimination played a factor in this case. A separate investigationlooked at whether there was any discrimination on the part of the officers regarding mental health and disability and there was no indication.

IOPC Regional Director Sal Naseem said: 'We found the force used by police in this case was neither reasonable nor proportionate and would be shocking to most people.

'The body worn footage we gathered showed a girl clearly in distress who was subjected to at least 30 baton strikes, had CS spray administered at very close quarters and was then Tasered.

'Police officers are trained to deal with challenging situations and should only use force when it is necessary, proportionate and reasonable.

'The disciplinary panel also found PC Kemp had behaved in a manner which lacked self-control and did not take into account the vulnerable status of the teenager, who appeared very frightened.

'Officers are taught that any contact with members of the public requires good communication skills.

'These may need to be adjusted when dealing with people experiencing mental health problems or who have learning disabilities. In particular, police officers and staff should be aware that communication difficulties are a defining feature of having a learning disability.

'Immediately resorting to use of force without considering other de-escalation tactics, and particularly where the person involved has mental health issues, is of concern.

'PC Kemp's immediate reaction when the girl exited the police car was to try and handcuff her, even though he didn't have her under his control.

'The poor communication by this officer got the incident off to a bad start and, once he started to use the baton, he was unable to change tack.'

During our investigation, which took six months, we examined officers' body worn video, took statements from officers as witnesses and from members of the public. We also sought expert advice on the use of force and, at the end of our investigation, we referred the matter to the Crown Prosecution Service, which decided the evidence did not support a criminal prosecution.

Our findings and evidence were provided to MPS in December 2019 and, after discussions with the force, we agreed there was a case to answer for gross misconduct.

Our investigationfound that the officer who used the Taser had no case to answer for use of force. However, our investigationdid find a case to answer for misconductfor breaching the police standards of authority and respect. The officer showed a lack of respect to the girl and her health carer, who had later turned up at the scene. The force agreed and in August 2020 the officer received management action.

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.

Public link

Please use the above public link if you want to share this noodl on another website.