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| Trauma of autistic boy shackled by police | Trauma of autistic boy shackled by police |
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| The father of an epileptic autistic boy is leading calls for the police to overhaul their treatment of vulnerable people after a judge issued withering criticism of the brutal manner in which his son was restrained when he refused to leave a swimming pool. | The father of an epileptic autistic boy is leading calls for the police to overhaul their treatment of vulnerable people after a judge issued withering criticism of the brutal manner in which his son was restrained when he refused to leave a swimming pool. |
| Pressure is growing on the Metropolitan Police Commissioner Sir Bernard Hogan-Howe to radically change training and procedures in the force following a landmark ruling by the appeal court on Thursday – the first under the Disability Discrimination Act. | Pressure is growing on the Metropolitan Police Commissioner Sir Bernard Hogan-Howe to radically change training and procedures in the force following a landmark ruling by the appeal court on Thursday – the first under the Disability Discrimination Act. |
| The master of the rolls, Lord Dyson, rejected an attempt by Hogan-Howe to justify the conduct of his officers in an incident five years ago that involved the 16-year-old, who cannot speak, has no history of violent behaviour, and the mental age of a five-year-old. | The master of the rolls, Lord Dyson, rejected an attempt by Hogan-Howe to justify the conduct of his officers in an incident five years ago that involved the 16-year-old, who cannot speak, has no history of violent behaviour, and the mental age of a five-year-old. |
| The issue of police restraint, according to the charity, Inquest, has figured in at least 10 deaths of vulnerable individuals in recent years, including that of 25-year-old Jacob Michael, in 2011, who had called the police himself in an agitated state. The police forced their way into his bedroom, then chased him down the street striking him with batons, later holding him face down in a police cell. He lost consciousness and was pronounced dead in hospital. | The issue of police restraint, according to the charity, Inquest, has figured in at least 10 deaths of vulnerable individuals in recent years, including that of 25-year-old Jacob Michael, in 2011, who had called the police himself in an agitated state. The police forced their way into his bedroom, then chased him down the street striking him with batons, later holding him face down in a police cell. He lost consciousness and was pronounced dead in hospital. |
| In Thursday's ruling, the teenager – now 20 and known as "Josh", his identity protected for legal reasons – had been taken to Acton swimming baths in London by his carers. Fully clothed, he had become transfixed by the water and "stuck" – both autistic traits – at the edge of the pool for 45 minutes. Police were called. Josh then jumped into the pool. Within six minutes of arriving, the police – taking no account of Josh's carers – pulled him out of the pool and placed him face down. The seven officers who restrained him then shackled and handcuffed him. Josh does not like to be touched. Terrified, he lost control of his bowels and was placed soaking wet in the caged area of a police van in a highly distressed state. | In Thursday's ruling, the teenager – now 20 and known as "Josh", his identity protected for legal reasons – had been taken to Acton swimming baths in London by his carers. Fully clothed, he had become transfixed by the water and "stuck" – both autistic traits – at the edge of the pool for 45 minutes. Police were called. Josh then jumped into the pool. Within six minutes of arriving, the police – taking no account of Josh's carers – pulled him out of the pool and placed him face down. The seven officers who restrained him then shackled and handcuffed him. Josh does not like to be touched. Terrified, he lost control of his bowels and was placed soaking wet in the caged area of a police van in a highly distressed state. |
| "My son doesn't cry," Josh's father "John", 55, his main carer since he was 18 months old, told the Observer. | "My son doesn't cry," Josh's father "John", 55, his main carer since he was 18 months old, told the Observer. |
| "But when they brought him home, he ran upstairs and crouched in a corner sobbing uncontrollably. He wouldn't sleep for nights. As a parent, that tears you apart. Josh's carers knew how to handle him but the police never asked." | "But when they brought him home, he ran upstairs and crouched in a corner sobbing uncontrollably. He wouldn't sleep for nights. As a parent, that tears you apart. Josh's carers knew how to handle him but the police never asked." |
| In 2008, Josh's father sued the Metropolitan police. In a county court judgment, Josh was awarded £28,250 because he had experienced post-traumatic stress disorder and his epilepsy had been severely exacerbated. | In 2008, Josh's father sued the Metropolitan police. In a county court judgment, Josh was awarded £28,250 because he had experienced post-traumatic stress disorder and his epilepsy had been severely exacerbated. |
| Hogan-Howe subsequently appealed on the grounds that his officers needed operational clarity in incidents involving people with mental health issues or learning difficulties in situation that can be "fast moving and potentially life threatening". The Disability Discrimination Act makes clear, however, that if an individual has a disability the police must adjust the usual practice of restraint to take account that the person may not understand what officers need them to do. Both the Equalities and Human Rights Commission and the National Council for Civil Liberties were critical of the appeal. | Hogan-Howe subsequently appealed on the grounds that his officers needed operational clarity in incidents involving people with mental health issues or learning difficulties in situation that can be "fast moving and potentially life threatening". The Disability Discrimination Act makes clear, however, that if an individual has a disability the police must adjust the usual practice of restraint to take account that the person may not understand what officers need them to do. Both the Equalities and Human Rights Commission and the National Council for Civil Liberties were critical of the appeal. |
| On Thursday, in a damning ruling, that rejected every aspect of the Hogan-Howe's appeal, Dyson found that the actions of the Metropolitan Police officers had been "hasty and ill informed" and caused "great distress and anguish". The officers ought to have known that, "autistic persons are vulnerable and have limited understanding". Their actions amounted to "inhuman and degrading treatment" in breach of the Human Rights Act and were equal to disability discrimination. | On Thursday, in a damning ruling, that rejected every aspect of the Hogan-Howe's appeal, Dyson found that the actions of the Metropolitan Police officers had been "hasty and ill informed" and caused "great distress and anguish". The officers ought to have known that, "autistic persons are vulnerable and have limited understanding". Their actions amounted to "inhuman and degrading treatment" in breach of the Human Rights Act and were equal to disability discrimination. |
| John said: "My family would much rather that the hundreds of thousands of pounds of public money used by the commissioner to fight this case had been used to train police officers to humanely treat people with disabilities." | John said: "My family would much rather that the hundreds of thousands of pounds of public money used by the commissioner to fight this case had been used to train police officers to humanely treat people with disabilities." |
| The Association of Chief Police Officers has categorically refused to provide such training although, according to the National Autistic Society, autism is now said to affect one in every 100 children and adults. In an apology sent to the media on Friday, but not to the family, the Met said it recognised that "there are improvements to be made" and it will be directed by the findings of an independent commission into the Metropolitan police response to mental health due to report next month. | The Association of Chief Police Officers has categorically refused to provide such training although, according to the National Autistic Society, autism is now said to affect one in every 100 children and adults. In an apology sent to the media on Friday, but not to the family, the Met said it recognised that "there are improvements to be made" and it will be directed by the findings of an independent commission into the Metropolitan police response to mental health due to report next month. |
| Tony Murphy of Bhatt Murphy, Josh's solicitor, said: "The commissioner could have taken action to address the issues raised by Josh's case five years ago. | Tony Murphy of Bhatt Murphy, Josh's solicitor, said: "The commissioner could have taken action to address the issues raised by Josh's case five years ago. |
| "He sought instead to blame the victim by wrongfully suggesting that it was Josh's behaviour that was at fault, rather than the officers. The court of appeal has rejected that approach in the strongest possible terms leaving a serious question as to Sir Bernard's judgment." | "He sought instead to blame the victim by wrongfully suggesting that it was Josh's behaviour that was at fault, rather than the officers. The court of appeal has rejected that approach in the strongest possible terms leaving a serious question as to Sir Bernard's judgment." |
| The ruling follows a London Assembly report published last month that revealed that the Metropolitan police has the worst victim satisfaction rating of any police service in the country. At the end of this month, Hogan-Howe will appear before the London Assembly crime and policing committee to face questions on training, leadership and "issues around integrity, trust and the public's confidence". | The ruling follows a London Assembly report published last month that revealed that the Metropolitan police has the worst victim satisfaction rating of any police service in the country. At the end of this month, Hogan-Howe will appear before the London Assembly crime and policing committee to face questions on training, leadership and "issues around integrity, trust and the public's confidence". |
| Jenny Jones, a green party member of the assembly, will also ask Stephen Greenhalgh, the deputy mayor for policing and crime, what actions have been taken in the five years since Josh's case, to provide officers with the expertise and training to deal with individuals with severe autism and learning disabilities. | Jenny Jones, a green party member of the assembly, will also ask Stephen Greenhalgh, the deputy mayor for policing and crime, what actions have been taken in the five years since Josh's case, to provide officers with the expertise and training to deal with individuals with severe autism and learning disabilities. |
| John said: "Vulnerable people like my son deserve so much better from those who are there to offer protection." | John said: "Vulnerable people like my son deserve so much better from those who are there to offer protection." |
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