A mum on board a Bedminster bus with her toddler ended up being PAVA-sprayed and arrested after a "poor" intervention from police escalated a minor dispute about a ticket. That is the conclusion of a special report released today (Friday) two years to the date since the incident unfolded, with Avon and Somerset Police vowing to learn lessons to avoid a repeat.
The "tussle" happened on a stationary First Bus along East Street on December 16, 2020, and video clips circulated on social media afterwards prompting criticism from viewers and allegations of discrimination. At the time police said the footage did not show the full incident, advising that a woman had been arrested just before 3.40pm on suspicion of assaulting an emergency worker.
Today an independent panel has released a special case review on behalf of Avon and Somerset Office of the Police and Crime Commissioner. The Independent Scrutiny of Police Powers Panel, made up of local volunteers from a variety of backgrounds, found that the approach and comments made by officers worsened a situation that could have been resolved calmly.
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They looked at body-worn camera footage of the incident and raised criticism including that officers "did not display cultural awareness of the impact of their behaviour on this Black woman" and that they lacked the patience to de-escalate the situation, with one panel member commenting that the remarks of a policeman who attended "only served to wind her up more".
The panel questioned why the officers who attended "showed so little patience to resolve what was a minor dispute about the issue of a bus ticket" noting that they "invested only eleven minutes before they used force".
What happened?
A log of the initial report stated that a bus driver had called in about an "aggressive and abusive" passenger who he said had refused to pay. The driver reported that the woman was "also abusive to members of the public on the bus" and all other people on board had got off as a result.
The driver said she had a child with her whose age he estimated to be between one and two years old. Two officers, a man and a woman, were dispatched and their body-worn camera footage was reviewed by panel members showing what happened after they got on the bus.
One unnamed panel member stated in the report: "This was the worst case of misuse of force I have seen in four years on the Scrutiny Panel. Both officers played their part in escalating the situation, both mishandled the interaction, both failed to control the situation, neither attempted to de-escalate when the very obvious opportunity arose."
Another panel member said the woman "came to the bus with her young daughter to collect her older child from school" and "was not in any way shape or form a security threat or a risk". According to the report, the policewoman present was initially calm and offered to give the mum a lift to school as an alternative to getting the bus, but later "threatened to report the woman to social services" which escalated the situation.
The panel questioned the level of force used, with one member describing how police "tried to pull the baby away from the mother, pulling the child’s arm". The observation remarks in the report continued: "The male officer’s presence was totally inflammatory to the situation, with the woman continually screaming 'get him away from me'."
'Antagonistic'
They noted how she "started being aggressive, whilst continuing to shout into her phone and biting the officers". However, the panel felt the officers did not respond well to de-escalate the situation, with the policeman said to have had an "antagonistic conversation with the bus driver" in front of her.
One panel member shared their feeling that the behaviour was "a good example of intimidation, bullying and escalation by the police which in the Member’s view was underpinned by racism and stereotyping". Others disagreed on the latter point - three panel members said they felt there had been discrimination, three said they did not and three said they were unsure.
Several of the members questioned the use of PAVA spray (similar to pepper spray) particularly given the proximity to the young child. Five of the panel members felt that inappropriate force was used while four disagreed.
There were some positives noted about the initial interaction between the policewoman and the passenger, and one member felt that the passenger "was being deliberately difficult when the officers first arrived" and went on to "use her daughter as a human shield for most of the struggle".
Police response to concerns
In a written response included in the report, Avon and Somerset Police said it welcomed the feedback and since the incident it has worked to "ensure the learning of this incident is truly embedded back into the constabulary". The force noted that it made a voluntary referral to the Independent Office of Police Conduct, the police watchdog, on Christmas Eve 2020.
The force said the watchdog's outcome was for the officers involved to take part in "reflective practice which was supported by the Force Outreach Team, a senior officer and our Professional Standards Department". Their statement added: "The response from both officers was really engaging, reflective and genuine. There was a visible demonstration of regret for what took place and lots of learning on their part."
In its own assessment of what happened, the force admitted that the officers' questioning of the bus driver and the mum was approached differently and so the mum "believed from the outset the officers were taking the bus driver's side". It added: "Choosing not to treat the two parties equally in that way is likely to have exacerbated the mother's unhappiness...the initial situation was not de-escalated as it could and should have been."
The force accepted that at the point the mum looked to be leaving the bus of her own accord, the policeman "clearly loses patience and exerts extra pressure on her to leave quickly" using "incendiary and unnecessary" comments.
The report mentioned how the passenger phoned her mum and made a comment that she was "going to knock two feds out". Avon and Somerset's account continues: "This is perceived as a threat by officers, and at making efforts to move the pram, a tussle ensues, and officers can be heard on the [body-worn video] that they are being assaulted.
"The context with which those words were said by the mother is important. This was a mother, who was with her infant child, talking on a phone to a third party. While she presumably says the words with the intention of them being heard by the officers, it is not directly to them. The first sign of any physical aggression - a push - comes when officers approach her and not vice versa."
Regarding the deployment of PAVA spray, the force added: "Whilst not completely unjustified, there was perhaps an opportunity to stop, reassess and communicate before the use of this force option." They said the IOPC found there was no case to answer in terms of the officers' use of force nor the allegation of discrimination.
However, the force agreed: "The officers failed to de-escalate the situation, due to poor communication techniques and impatience. We recognised this quickly after the incident - before the IOPC's report was concluded - and have taken proactive steps to address this through reviewing the training all officers receive.
"It is clear that had the officers communicated better, both with the mother and each other, approached this incident with a more open mindset, displayed better impartiality from the outset, had a better understanding of external influences, showed an understanding of preconceived prejudice and allowed more time and patience then there would have been a better assessment of the risks involved and ultimately a better outcome for all involved."
David Woodward, chairman of the Independent Scrutiny of Police Powers Panel, said: “Cases like this demonstrate just how important it is to have public scrutiny of how the police use their powers. Our Scrutiny Panel offers an independent, local, lay person's view of how the police use their powers.
"Over the last five and a half years, we have scrutinised 893 cases and the Bedminster Bus Incident is only the second case to warrant a special report. We are pleased that the police have always been open and transparent in their discussions with us.
"In this case, they have, without delay, taken steps to act on the identified learnings and to continue to develop their ambitions of inclusion, legitimacy and enhancing public confidence in them.”
The Office of the Police and Crime Commissioner is currently recruiting for new members of the panel, and other panels and roles. Police Crime Commissioner Mark Shelford said the independent volunteers "play a crucial role" and encouraged people to apply to be a volunteer if they would like to get involved.
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