A police sergeant from Thames Valley Police has been cleared of misconduct following an incident in which a man’s head was struck against a patrol car in Oxford.
The altercation occurred outside the Art Café on Queen Street at around 3am on January 22, 2022, when a fracas broke out involving multiple males. Police Sergeant (PS) Barber attended the scene, assisted by PC Phillips and PC Godfrey, in response to the fighting.
During the incident, PS Barber restrained one of the men, referred to as Mr A, by placing his arm on Mr A’s upper torso, shoulder, or neck area, and forcing him backwards onto the ground. Mr A ended up on his knees before PS Barber delivered a knee strike, attempting to bring Mr A to the ground, during which Mr A was pushed into the side of a police vehicle.
PS Barber faced allegations of using unnecessary, disproportionate, and unreasonable force during the incident, which was claimed to have breached the standards of professional conduct to the extent that it amounted to gross misconduct.
However, a police misconduct trial held on September 18, 2024, found no evidence of misconduct or gross misconduct on the part of PS Barber.
In addressing Mr A’s head striking the car, the panel concluded: “We find that in the course of performing the taught technique, PS Barber was initially unsuccessful in placing Mr A on the floor where he could be safely restrained.
The panel further stated, “We accept the agreed evidence that PS Barber then performed a further taught technique delivering a knee strike. The panel finds that PS Barber’s intention in respect of the knee strike was to put Mr A off balance in order to safely restrain him.
The panel also accepted expert evidence that the knee strike impacted the right-hand side of Mr A’s back in the kidney or hip area, not the spine. Regarding Mr A’s contact with the police car, the panel concluded, “We accept the agreed expert evidence that Mr A is pushed forward by PS Barber and impacts with the police vehicle. It is difficult to ascertain which part of the body makes initial contact with the police car, but it does include the left shoulder and chest area and not just the head.
The panel’s decision ultimately cleared PS Barber of all allegations, ruling that his actions were within the parameters of police training and procedure for ensuring the safe restraint of individuals in high-risk situations.
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