High-level recommendations have been made following the Independent Police Complaints Commission (IPCC) investigation into Devon & Cornwall Police contact with Kerry Power, who was murdered by her ex-partner in Plymouth.
Miss Power, 36, first called police on 28 November 2013 with concerns about damage to her car. Eight days later she complained that her ex-partner David Wilder was stalking her, and she was visited by police the following day. One week later, on 14 December 2013, she was murdered by Wilder after he broke into her home.
Our investigation carefully examined the interactions between Miss Power and Devon & Cornwall Police, from her initial contact with them in November. We identified occasions where information was not recorded properly and police records were not robustly checked, which may have contributed to a ‘standard’ risk grading being applied to Miss Power’s complaint, rather than a higher risk grading which better reflected her situation.
We also concluded that at the time of Miss Power’s murder, Devon and Cornwall Police had not fully implemented ACPO guidance on dealing with allegations of stalking.
In the Lead Investigator’s opinion, a PCSO and two police officers had a case to answer for misconduct. Devon and Cornwall Police disagreed that the PCSO and one of the police officers had case to answer and proposed that their actions be dealt with by way of performance procedures, which the IPCC accepted. The other police officer has since retired from the force and will face no further action.
The IPCC Commissioner also considered that the performance of two call handlers, a sergeant, an inspector and a Detective Superintendent may have fallen short of the standard expected. Devon and Cornwall Police have agreed that they should be dealt with by way of performance procedures.
The investigation also identified concerns with the ‘Silent Solution’ system, which is used by police forces across England and Wales and helps handle the large amount of hoax 999 calls the system receives. It is also intended to help people who are in danger or need assistance, but cannot speak to an operator.
The evidence gathered indicated that Miss Power may have been advised by a Devon & Cornwall police officer that if she were to make an emergency call from her mobile phone, but did not speak, emergency assistance could still be despatched. Miss Power made a 999 call when her ex-partner broke into her house, but she did not respond to the operator’s instructions and was transferred to the ‘Silent Solution’ system. Because there was no response to commands from the automated voice system, the call was not transferred to Devon & Cornwall Police.
In 2014, local learning was issued to Devon and Cornwall Police urging them to ensure it is made clear in their interactions that police do not necessarily respond to all silent emergency calls.
We have now made national recommendations to ensure there is better accountability for the system, and that its effectiveness is reviewed. We have also recommended that the issues identified in this investigation are formally considered by the 999/112 Liaison Committee, which is the body that coordinates and oversees the emergency call system.
IPCC Associate Commissioner Tom Milsom said:
“My heartfelt thoughts remain with Miss Power’s family, who lost a much loved mother, sister and daughter in tragic circumstances.”
“The person responsible for her murder is David Wilder, who is currently serving a life term in prison. However, our investigation found that opportunities to identify the risk that David Wilder posed to her were not fully recognised by Devon & Cornwall Police, for reasons including the poor use of police systems for recording and research, gaps in training, and delays in the force implementing the ACPO Stalking Screening Tool.
“Following the IPCC investigation, the Assistant Coroner for Plymouth, Torbay and South Devon also adopted several of our recommendations and took those concerns directly to the Chief Constable of Devon & Cornwall Police, the Home Office, and the Metropolitan Police Service, which is responsible for hosting and monitoring the ‘Silent Solution’ system.
“The responses the Assistant Coroner received include a commitment to increased domestic abuse training by Devon & Cornwall Police alongside proactive improvements already made, and improved accountability, monitoring, and training in the emergency call system.”
The investigation report is available here.
An act of parliament that provides the core framework of police powers to combat crime and provide codes of practice for the exercise of these powers.
Leads and manages the development of the police service in England, Wales and Northern Ireland.
The body that represents the interests of all police constables, sergeants, and inspectors.
Deals with someone’s inability or failure to perform to a satisfactory level, but without breaching the Standards of Professional Behaviour.
Focuses on putting an issue right and preventing it from happening again by encouraging those involved to reflect on their actions and learn. It is not a disciplinary process or a disciplinary outcome.
Department within a police force that deals with complaints and conduct matters.
Refers to lower-level misconduct or performance-related issues, which are dealt with in a proportionate and constructive manner.
This means doing what is appropriate in the circumstances, taking into account the facts and the context in which the complaint has been raised, within the framework of legislation and guidance.
The average is calculated using the individual results of the forces in that most similar force group.
An investigation carried out by IOPC staff.
Carried out by the police under their own direction and control. The IOPC sets the terms of reference and receives the investigation report when it is complete. Complainants have a right of appeal following a supervised investigation (unless it is an investigation into a direction and control matter).
This act sets out how the police complaints system operates.
How a police force is run, for example policing standards or policing policy.
An investigation carried out by the police under the direction and control of the IOPC.
The organisation that is responsible for assessing how to deal with a complaint. For example – whether it can be handled locally or reaches the criteria for referral to the IOPC. The appropriate authority may be the chief officer of the police force or the PCC for the force. If a complaint investigation finds that someone has a case to answer for misconduct, the appropriate authority is responsible for arranging any misconduct proceedings. If you make a complaint, the appropriate authority for your case will contact you.
An intelligence-led agency with law enforcement powers, it is also responsible for reducing the harm that is caused to people and communities by serious organised crime.
Policing bodies include police and crime commissioners, the Common Council for the City of London, or the Mayor's Office for Policing and Crime.
Investigations carried out entirely by the police. Complainants have a right of appeal following a local investigation (unless it is an investigation into a direction and control matter).
IOPC guidance to the police service and police authorities on the handling of complaints.
A complaint or recordable conduct matter that doesn’t need to be referred to the IOPC, but where the seriousness or circumstances justifies referral.
Parameters within which an investigation is conducted.
A person is adversely affected if he or she suffers any form of loss or damage, distress or inconvenience, if he or she is put in danger or is otherwise unduly put at risk of being adversely affected.
This is where a manager deals with the way someone has behaved. It can include: showing the police officer or member of staff how their behaviour fell short of expectations set out in the Standards of Professional Behaviour; identifying expectations for future conduct; or addressing any underlying causes of misconduct.
This could be the Police and Crime Commissioner, the Common Council for the City of London, or the Mayor's Office for Policing and Crime.
A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and an explanation, an apology, or a meeting between the complainant and the officer involved.
A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and an explanation, an apology, or a meeting between the complainant and the officer involved.
A breach of standards of professional behaviour by police officers or staff so serious it could justify their dismissal.
A matter where no complaint has been received, but where there is an indication that a person serving with the police may have committed a criminal offence or behaved in a manner that would justify disciplinary proceedings.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
Quarter 1 covers 1 April - 30 June
Quarter 2 covers 1 April - 30 September
Quarter 3 covers 1 April - 31 December
Quarter 4 covers the full financial year (1 April - 31 March).
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.
Used to house anyone who has been detained.
Complainants have the right to appeal to the IOPC if a police force did not record their complaint or notify the correct police force if it was made originally to the wrong force.
The purpose of an investigation is to establish the facts behind a complaint, conduct matter, or DSI matter and reach conclusions. An investigator looks into matters and produces a report that sets out and analyses the evidence. There are three types of investigations: local, directed and independent.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
The type of behaviour being complained about. A single complaint case can have one or many allegations attached.
A person who makes a complaint about the conduct of someone serving with the police.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
List of officers and staff who have been dismissed from policing, or would have been if they had not retired or resigned.
The type of behaviour being complained about. A single complaint case can have one or many allegations attached.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
An independent judicial officer, the coroner enquires into deaths reported to him/her.
A breach of the Standards of Professional Behaviour that would justify at least a written warning.
No further action may be taken with regard to a complaint if the complainant decides to retract their allegation(s).
A record is made of a complaint, giving it formal status as a complaint under the Police Reform Act 2002.
This is a format where information is written in plain English and short sentences.
The IOPC must be notified about specific types of complaint or incidents to be able to decide how they should be dealt with.
No further action may be taken with regard to a complaint if the complainant decides to retract their allegation(s).
Casework involves assessing appeals. Casework staff also have a role in overseeing the police complaints system to help ensure police forces handle complaints in the best possible way.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
Conduct includes acts, omissions, statements and decisions (whether actual, alleged or inferred). For example: language used and the manner or tone of communications.
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.