IOPC reopen investigation into Darren Cumberbatch death
He died after being restrained by officers at a hostel in Nuneaton in July 2017.
Last updated 28th Jul 2022
The Independent Office for Police Conduct (IOPC) has decided to reinvestigate police contact with Darren Cumberbatch prior to his death.
The 32 year-old died in July 2017 after officers were called to an incident at a bail hostel in Nuneaton where he was arrested.
He was taken to the George Eliot Hospital shortly after, but died 9 days later.
The IOPC investigation examined the use of force on Mr Cumberbatch by police officers both at the bail hostel and on arrival at hospital.
At the end of the investigation in 2018, it was concluded there was no indication that any officer may have breached the standards of professional behaviour or that they had a case to answer for misconduct.
But a jury inquest in 2019 also concluded police restraint contributed to his death, that there were “serious failings” by attending police officers and that some of the force used “may have been excessive” and “probably avoidable.”
They determined that police restraint on Mr Cumberbatch inside the hospital was “reasonable.”
The jury recorded a narrative verdict, but they also found that ineffective communication and the lack of a meaningful plan in responding to Darren was a serious failure.
Following representations made by Mr Cumberbatch’s family the IOPC have re-assessed whether to reinvestigate the matter.
They've decided in respect of the officers’ use of force at the hostel, which included use of Taser, PAVA spray, punches and baton strikes in a confined toilet area, does require reinvestigation by the IOPC.
The reinvestigation will include examining the officers’ use of force on Mr Cumberbatch at the hostel when he was unwell, to what extent officers recognised he was suffering from Acute Behavioural Disturbance, and their decisions to enter and to forcibly remove him from the hostel toilet area.
Director of Major Investigations at the IOPC, Steve Noonan said:
“Since Mr Cumberbatch’s family made their representations, an IOPC team has been closely examining the original investigation material and comparing it with accounts at the inquest.
“In this case, after careful assessment we assessed a focused reinvestigation into the officers’ decision-making and use of force during their interaction with Mr Cumberbatch at the bail hostel is warranted and is necessary in the public interest."
Carla Cumberbatch, sister of Darren said:
“I welcome the IOPC recognition that their investigation was flawed and that it is in the public interest to reinvestigate the police officers’ conduct at McIntyre House. It is galling to my family that this is now five years after Darren’s death. We made submissions to the investigator during and at the end of their investigation years ago that the investigation was flawed.
"I will carry on my fight for justice for Darren.”
We've contacted Warwickshire Police for a comment on the IOPC's decision