Police officer sacked after lying about mental health patient's death
A police officer has been sacked for lying after a mental health patient from the Black Country suffered a fatal cardiac arrest in a psychiatric room.
Pc Paul Adey claimed there was nothing covering Kingsley Burrell's head when the patient was transferred in handcuffs and leg restraints to a mental health unit in Birmingham.
But the 39-year-old was found to be lying by a police misconduct panel who dismissed him for gross misconduct after failing to remove the covering – believed to be a sheet, towel or blanket – and maintaining his false account despite witnesses revealing they had spotted an item covering Mr Burrell's head.
Temporary Deputy Chief Constable Mike Colbourne said it was 'inconceivable' that the officer gave a true account following the tragedy.
Two other officers, Pcs Mark Fannon and Paul Greenfield, were cleared of giving a dishonest account.
WATCH: CCTV shows moment before cardiac arrest
The chairman of the police misconduct hearing said of Pc Adey: "He told Independent Police Complaints Commission investigators at an inquest that he had no recollection [of the covering] when he was asked about matters concerning Kingsley.
"He owed a duty of care to Kingsley and he failed to discharge it when he allowed some covering to remain on Kingsley's head.
"We are satisfied that his conduct is so serious as to justify dismissal. It amounts to gross misconduct."
Mr Burrell, aged 29 and from Walsall, was sectioned under the Mental Health Act and sent to Birmingham's Mary Seacole unit on March 27, 2011.
But three days later medical staff called police after Mr Burrell threatened to kill them, brandishing a toothbrush.
He was taken to the emergency department at the city's Queen Elizabeth Hospital for treatment to a left eye injury following a 'prolonged and violent struggle' with police.
Medics and police then transferred him to a seclusion room at the city's Oleaster facility in handcuffs, leg restraints and with an item placed over his face by a paramedic to stop him spitting.
'Touching distance'
Pc Adey – who was responsible for holding Mr Burrell's head in the seclusion room – and colleagues Pcs Mark Fannon and Paul Greenfield claimed nothing was covering Mr Burrell's face despite being within 'touching distance' of him, the hearing was told.
The three officers denied they had breached professional standards when restraining Mr Burrell and that they lied during his 2015 inquest.
The trio were cleared of allegations of using excessive force after three weeks of evidence at Sutton Coldfield Police Station, with Pcs Fannon and Greenfield cleared of all wrongdoing.
Mr Hugh Davies QC, defending Pc Adey, said the father-of-two has had 'sleepless nights' since Mr Burrell's death.
He added: "He has only ever wished to do one thing and that was to be a police officer. He has worked tirelessly."
Family campaign
Mr Burrell's family have since criticised the decision to clear Pcs Fannon and Greenfield and promised to write to the Home Secretary calling for a public inquiry.
The family are also planning to hold a demonstration outside Newtown Police Station on January 5.
In a statement, the family said: "The Burrell Family and the people of the West Midlands need the conduct of all police officers to be exemplary, as the they are there to serve the people and protect the community from harm, which we believe has not been demonstrated here, hence damaging trust and confidence further.
"The video footage clearly shows all police officers in close proximity to Kingsley with the covering over his head, so begs the question how could this have been missed?
"During these proceedings we have been constantly reminded on the impact on the police officers and their family during the passage of time. However, yet again Kingsley will not be at the table for Christmas dinner.
"This is not the end of the road for our quest for justice as it is now our intentions to renew our calls for a public Inquiry into this, as the narrative verdict of neglect in this case from the inquest needs to be publicly explored and all of the state agencies in this matter."
West Midlands Police responds
Deputy Chief Constable Louisa Rolfe said: “We do not underestimate how upsetting this investigation has been for Kingsley’s family and friends.
“Kingsley was in mental health crisis and deserved to be looked after in a place of safety. His family, quite rightly, should have expected him to be cared for and protected, but they were all sadly let down.
“Our sympathies remain with them as they still grieve for their loss.
“The investigation was not managed by West Midlands Police and therefore the force did not dictate the timescale of the enquiry - but we share the family’s concerns over the length of time it has taken and the stress it has placed on all those involved.
“The misconduct hearing was carried out by a panel independent of West Midlands Police chaired by DCC Mike Colbourne of Bedfordshire Police and we thank them for their careful deliberation.
“All agencies involved with the care of Kingsley had a responsibility to ensure his safety and we all failed him to different extents. I am very sorry for our part in this failing and the hurt this caused.
Lessons
“Crucial lessons have been learned in how the force manages people who are detained with mental and physical health needs, and indeed since the death of Kingsley, we have launched a mental health triage scheme which sees officers teamed with paramedics and psychiatric nurses on a specialist vehicle to respond to calls involving people thought to be experiencing mental ill health.
“This means patients get on-the-spot assessments at their home or on the street and can be taken to safe health facilities for the support they need rather than held in police custody."
Police and Crime Commissioner David Jamieson added: “The death of Kingsley Burrell was a tragedy that has clearly caused distress and hurt to those close to him, especially his family and friends.
“I am disappointed at the length of time it has taken to bring this case to a conclusion.
“However, West Midlands Police and I accept the decision taken by the panel.
“I would also like to reassure the public that West Midlands Police has made many improvements to the way it deals with people suffering from mental ill health. We now have a mental health triage team working across the region and have put in place string protocols and training for staff. Mental ill health is a major issue that all agencies must continue to improve their responses to."
