Stefen Boswell

PFD Report All Responded Ref: 2016-0005
Date of Report 8 January 2016
Coroner John Ellery
Response Deadline ✓ from report 4 March 2016
All 1 response received · Deadline: 4 Mar 2016
Response Status
Responses 1 of 1
56-Day Deadline 4 Mar 2016
All responses received
About PFD responses

Organisations named in PFD reports must respond within 56 days explaining what actions they are taking.

Source: Courts and Tribunals Judiciary

Coroner's Concerns
Training and policies police pursuit The West Mercia Police policy states that 'at no time must police patrols pursue the wrong way along dual carriageways/motorways' .
2) This policy appears at variance with national policy. A report from the Association of Chief Police Officers, Police Pursuits Review Group, dated 3rd November 2014 (the ACPO report) states, in part: 'we draw reference to the views of the national APCO portfolio on pursuits, which consider that in exceptional circumstances such decision making may be justifiable' Ellery, due and

'entering dual carriageway contrary to the normal directional flow extremely high risk and potentially very dangerous for reasons which are obvious. Such decision making is one for the officer himself to justify It is the view of the ACPO pursuits group that such decisions should only be made in rare and exceptional circumstances'_ 'travelling the wrong way down a dual carriageway is not something we would endorse as suitable unless exceptional circumstances prevail and necessary and proportionate to attempt this tactic based upon the high degree of threat, risk and harm required to justify this decision' .
3) The evidence of the police driver training instructor, since retired, was that he had trained the police driver concerned in accordance with national guidance, in so far as the police driver, as accepted by the jury, followed the stolen car on the wrong side of the dual carriageway and justified his decision to do so.
4) Without challenging the evidence given by the driver training instructor West Mercia Police state that the training, as given, differed from and was not their policy.
5) On the face of it therefore is a difference between local and national policies, resulting in the possibility that a police officer, in one area, may pursue a vehicle on the wrong side of dual carriageway, when another officer in the same set of circumstances; in another area, may not:
6) The ACPO report stated that the national Authorised Professional Practice (APP) document covering police pursuits should be the and accepted policy for pursuit management; thereby ensuring consistency and standards are applied. Local Knowledge
7) At the time of the pursuit the pursuing police driver believed that the supervising inspector would have known that he was travelling on the wrong side of the dual carriageway: The supervising inspector, who was not based in the immediate area, did not know and when she did the pursuit was abandoned. Local knowledge cannot be guaranteed in a regional police force and systems should be in place that if such a situation were to reoccur, the police driver should expressly state, and the supervising inspector expressly request; if the police vehicle is travelling on the wrong side of a dual carriageway: Other issues:
8) At the time of the collision West Mercia Police was in transitional stages of the alliance with Warwickshire Police: That included amalgamating similar but different police fleet vehicles with different on-board recording equipment: At the time of this report West Mercia Police/Warwickshire Police are seeking to address these issues and, subject to due sensitivity of any operational matters arising; confirmation of the position is sought:
9) The pursing police vehicle did not have dash cam recorded on-board. If it had considerable time would have been avoided at the inquest in seeking to establish and/or resolve the factual circumstances leading to and the course of the police pursuit: The absence of a dash cam could not be said to have caused or contributed to the accident nor arguably could it be said to cause or contribute to another. It is though possible that lessons could be learnt from replaying such recording which may in turn prevent other deaths Further it may in part discharge the State's obligation to investigate deaths which could be said to have been caused by an act or omission of a police officer. guide likely
Responses
West Mercia Police
2 Mar 2016
Response received
View full response
Dear 4 MAR 20W Response to Regulation 28 Report into Stefan Neil Boswell deceased Inquest: 12th to 15th October 2015 with a jury At the Shrewsbury Crown Court Further to my letter of 12th January 2016 please find below my response in relation to the issues raised within the Regulation 28 report:- Training and Policies - Police Pursuits In the intervening time since the collision, West Mercia Police and Warwickshire Police have gone through a period of harmonising policies and procedures. During this time we have taken the opportunity to align these with the Authorised Professional Practice (APP) as set out by the College of Policing. As an Alliance we follow APP and conduct pursuit training to this standard. There no longer exists an Alliance or force policy in relation to pursuit, accepting APP as best practice. All driver trainers train to APP and all lesson plans and learning outcomes refer to it. We have consulted with the National Police Chiefs’ Council lead on Pursuits, DCC Anthony Bangham, and he is also reassured that the Warwickshire and West Mercia position does not differ from the APP. Local Knowledge In order to provide effective command across the Alliance, we have now moved to a model of one Operational Control Centre (OCC) Inspector across the two forces. It is, therefore, ..... ' ' ~
- .. i in"i. — “irnci — r.“ : ■ i J. POLICE NON-EMERGENCY IN AN EMERGENCY ALWAYS CALL 999

@wmerciapolice

essential that the officer conducting the pursuit gives timely and accurate risk assessment information to the pursuit commander. It is now emphasised as part of all initial/refresher training, that pursuit drivers must updO the pursuit commanders of all changes in risk and not make assumptions based on their own local knowledge. Training of pursuit commanders has also been addressed with a view to calling off pursuits if information is asked for and not received in a timely manner from the pursuing driver. The OCC Inspector will throughout a pursuit prompt for an updated risk assessment from the pursuing driver and challenge the driver if the risk assessment is not sufficient. All these changes have now been completed and are current operational practice. Other Issues All police vehicles entering service are now currently fitted with an Information Data Recorder (IDR). There are now only a few vehicles on the fleet which do not have this capability and they will soon be replaced. The Alliance has put out to tender and is now in the process of signing contracts with a supplier to bring a far more advanced telematics system to all operational police vehicles. We envisage that we will enter the trial phase of the new system in March 2016 with a view to rolling out across the wider fleet by June
2016. In relation to dash cam footage, I can report that in December 2015 we formally put the contract out to tender which was then followed by an evaluation phase which concluded in January 2016. It is anticipated that we will award the contract at the end of March. Thereafter, it is hoped to begin procurement and configuration in April with a full roll-out across the pursuit and firearms fleet anticipated to commence from 5th July onwards. As such this particular gap should be resolved during the next nine months or so. The lengthy process was necessitated in order to spend wisely whilst being fully cognisant of the many elements of technological advances being undertaken within the Alliance's ongoing change programme. Please be assured that West Mercia Police and Warwickshire Police take these matters with the upmost seriousness. We recognise pursuits are a high risk activity that requires effective controls to be in place and trust that you are assured of our commitment to take all actions necessary. Kind regards
Action Should Be Taken
my opinion action should be taken to prevent future deaths and believe your organisation has power to take such action.
Report Sections
Investigation and Inquest
On gth June 2014 commenced an investigation into the death of Stefen Neil BOSWELL and opened an inquest on the 12th June 2014. The inquest, with jury, was concluded at Shrewsbury Coroners Court between the 12th & 15th October 2015. The deceased died from multiple injuries and the conclusion of the jury was that the death was to road traffic collision.
Circumstances of the Death
Following a car key burglary in Craven Arms on the 6th June 2014 a police pursuit shortly occurred. The driver, Stefen Neil Boswell, lost control of the vehicle at Emstrey island resulting in his death; The actions taken by the police officer involved in the pursuit were justified and did not contribute to the fatal outcome and death of Stefen Neil Boswell:
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Data sourced from Courts and Tribunals Judiciary under the Open Government Licence.