IPCC: West Midlands Police “did not take appropriate actions”

The Independent Police Complaints Commission (IPCC) has concluded its management of an investigation into handling of an assault on a male store manager of Asian origin at a retail park in Birmingham by West Midlands Police.

In March 2006 Mr Murtaza Nazarali worked as a manager in an electrical store on a retail park in Stechford.  He was assaulted by a white male customer.  Police attended the scene and the man was arrested with Mr Nazarali receiving treatment for minor injuries.

Mr Nazarali subsequently complained about the actions of West Midlands Officers and the way they investigated this incident.  His and other eyewitness accounts allege that following the assault, the assailant made racially abusive comments about him. Police subsequently cautioned the man in relation to the assault and released him from custody, despite the alleged racial aggravation of the offence.  Officers present maintained strongly that they did not hear any racial abuse.

In June 2007 the IPCC confirmed it had upheld Mr Nazarali’s complaint about the way West Midlands Police had investigated and concluded the assault incident and following this, three officers received words of advice relating to their failure to fully investigate the incident.

The second phase of this investigation examined the actions of an Inspector, who had earlier been tasked with reviewing the conduct of officers in the original criminal investigation, and found that the report submitted by the Inspector into the alleged abuse was factually inaccurate and he had not spoken to all of the officers as he claimed.

As a result of this the Inspector pleaded guilty at a Police Misconduct hearing to a charge of failing in the performance of his duties.

Len Jackson, IPCC Deputy Chair said: “Mr Nazarali has been deeply traumatised by the assault and the inadequate police response.  Our investigation demonstrated that he was let down by the police officers who attended him on the day he was attacked.  These officers did not take appropriate actions to fully investigate the assault.

“Furthermore and unhappily compounding these shortcomings the Inspector tasked with examining how these officers had investigated the original attack also failed in his duty.  

“These failures by West Midlands Police are of concern and I will through my guardianship role endeavour to ensure that lessons are learnt from this case.”

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Notes for editors:

The IPCC has overall responsibility for the police complaints system. Since April 2006 it has taken on responsibility for similar, serious complaints against HM Revenue and Customs and the Serious Organised Crime Agency in England and Wales. The IPCC’s jurisdiction was extended in 2008 to cover UK Border Agency staff exercising police-like powers.

The IPCC has the task of increasing public confidence in the complaint systems and aims to make investigations more open, timely, proportionate and fair.

The 15 Commissioners who run the IPCC guarantee its independence and by law can never have served as police officers. No Commissioner has worked for HM Revenue and Customs. They are supported by more than 100 independent IPCC investigators plus casework managers and other specialists.

Since April 1 2004 the IPCC has used its powers to begin 264 independent and 663 managed investigations into the most serious complaints against the police and other agencies. It has set new standards for police forces to improve the way the public's complaints are handled. The Commission also handles appeals by the public about the way their complaint was dealt with by the local force.

The IPCC is committed to getting closer to the communities it serves. Its Commissioners and staff are based in IPCC regional offices in Cardiff, Coalville, London and Sale plus a sub office in Wakefield.

The IPCC web site is constantly updated at www.ipcc.gov.uk or members of the public can contact the IPCC on 08453 002 002.

For further information please contact Ash Bower, Regional Communications Officer on 01530 258774 or 07717 851320. Journalists with an urgent media enquiry about an incident outside normal office hours should contact the on-call press officer on 07717 851157.