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On the wrong arm of the law?
When Stephen Downing's murder conviction was quashed in January,
the police's frequent failure to understand disabled people was highlighted
again. But things may be changing, says John Pring
When Stephen Downing was arrested and questioned about the murder
of office worker Wendy Sewell in 1974, he was interrogated by police
officers for eight hours.
Downing had a learning difficulty, but the officers neither cautioned
him nor allowed him access to a solicitor.
During those eight hours, Downing signed a confession, which he later
retracted. He was subsequently convicted, and spent 27 years in prison,
but always maintained his innocence. He finally had his murder conviction
quashed in January this year.
Ironically, eight days later, Mencap praised ITV police drama The Bill
for its "sensitive" handling of a storyline in which officers
questioned a pregnant teenager with Down's Syndrome who they feared
had been raped.
Richard Kramer, Mencap's head of campaigns, applauded the show's "excellent
portrayal" of how police should handle the questioning of witnesses
and suspects with a learning disability.
But he also said: "Unfortunately, in reality, it is rare for people
with a learning disability to be considered credible witnesses or treated
with due sensitivity by the police."
So have the police improved the way they treat disabled people since
1974? Margaret Kennedy, a trainer and consultant on disability and abuse,
thinks the police have always believed that disabled people do not make
credible witnesses.
"I think this has permeated into the psychology of police officers,"
she says.
She thinks specialist training is vital, particularly in interviewing
technique.
Kathryn Stone, director of Voice UK, which helps people with learning
disabilities who have been victims of crime, said her charity's experience
of the police has been "mixed".
Some families have found the police "very sensitive, thoughtful,
helpful and supportive". Others say the police behaved in an "uncaring,
unkind and unjust way". The National Schizophrenia Fellowship (NSF)
runs regular training sessions for police forces, and surveys of its
members consistently give the police a higher satisfaction rating than
social or health workers.
Paul Corry, media manager for the NSF, said: "The overwhelming
response of our members is that the police do a very difficult job in
very difficult circumstances and make a success of it most of the time."
He is particularly impressed with the willingness of senior Metropolitan
Police (Met) officers to work more closely with the voluntary sector
and mental health professionals.
But he adds: "The difficulty with the police's work with people
with mental illness is that often it is in a crisis situation and when
something does go wrong the results can all too often be fatal and tragic."
Svenja Schaper, helpline manager for Respond, which provides counselling
and psychotherapy for people with learning disabilities who have been
sexually abused, believes that "things have changed, but very slowly".
Police officers rarely receive the right awareness training, she says,
and many learning disabled people still have "a fear of not being
believed".
The Royal National Institute for Deaf People (RNID) has been in discussions
with the Met about improving deaf awareness, but because of the way
the police are structured it has found it "very difficult"
to introduce training in forces across the country.
Brian Lamb, the RNID's director of communications, said: "Frequently
there is a shortage of sign language interpreters and lack of deaf awareness,
resulting in confusion and serious distress."
Alec Love, former head of a Met child protection team and now a child
protection consultant, believes the police have improved and are doing
"the best they can".
Part of this improvement, he says, is due to the government's No Secrets
guidance, published in 2000, which provided codes of practice for local
authorities, the health service and the police to work together to protect
vulnerable adults from abuse.
And last September, the Association of Chief Police Officers (ACPO)
produced guidelines on disability designed to help forces comply with
the Disability Discrimination Act*.
They include sections on access and disability awareness and advice
and information from disability charities.
Katherine Impey, equal opportunities officer for Lincolnshire police,
who played a senior role in preparing the guidelines, said they were
about building on progress already made.
She says: "I do not think the police have been dragging their
heels. A lot of forces have been doing a lot of work."
She points to Leicestershire, Norfolk, Herefordshire, and Nottinghamshire
forces, which have all devised schemes to help disabled people.
West Midlands has recently introduced a scheme which allows people
with hearing impairments to send information to the police via a mobile
telephone text messaging service.
The Met also seems to be taking improvement seriously. Its Diversity
Directorate now treats crimes against vulnerable adults as hate crimes
- alongside racism, homophobia and domestic violence - if the disability
is the motive for the attack.
Detective Constable Tracey Hunt (above), who joined the directorate
last year, wants to encourage more disabled people to report crimes.
"Disability doesn't mean inability to say what has happened to
you," she says.
Offences against people with disabilities are greatly under-reported,
and she is particularly concerned about crimes against disabled people
by people who provide them with domiciliary and residential care.
She is developing a training package for fellow officers and wants
disabled people to contact her with both good and bad experiences of
her force.
A review of progress made in incorporating the ACPO guidance is due
in September.
"Nobody's perfect," says Impey, "and nobody would say
they were, but I think from the work we did on the guidelines that people
are making strides in all the right directions. I think it is paying
dividends."
But until comprehensive disability awareness training is introduced
into every force in the country, the scenario outlined in The Bill is
likely to remain more often fiction than fact.
Case studies
Glenn Howard was sectioned under the Mental Health Act when
he walked out of hospital. The hospital asked the police to declare
him a missing person and explained that he had probably gone home to
feed his tropical fish.
Shortly after officers arrived at Howard's flat and tried to detain
him, there was a scuffle. At some point he collapsed and fell unconscious.
He died on 1 January, 1999, after spending nearly 13 months in a coma.
At the inquest, the jury returned a verdict of accidental death, and,
against the coroner's advice, said his death was partly due to "excessive
restraint".
The Police Complaints Authority recommended that four Metropolitan
Police officers should face disciplinary charges of neglect of duty
and three more should receive advice from a senior officer about their
conduct. The force has yet to hold the hearings.
In the wake of the case, the National Schizophrenia Fellowship urged
police forces in the UK to improve mental health awareness training.
Chief executive Cliff Prior said: "There was no need for Mr Howard
to die. It was an avoidable tragedy."
Ben Turner is profoundly deaf and has a sight impairment and
a learning disability. His mum, Sue, a vice-chair of the charity Sense,
remembers a trip they took into town together when he was 17-years-old.
They had an argument in one of the shops and Ben disappeared. His mum
reported him missing to the police.
Fortunately, one of her other sons soon found Ben at a nearby bus stop
and brought him back to his mother and the police officer, who had so
far been extremely helpful and polite.
Mrs Turner says: "Ben was still fairly stroppy and signing. At
which point, the policeman said: 'These people should not be let out
on the streets. They should be locked up.'"
The incident happened 12 years ago, but she worries that something
similar could happen again, and is worried how her son might react.
"I think he gets all these negative vibes from the police. I think
if there was an incident, he would not co-operate with them and therefore
make things much worse for himself."
Seven years ago, Mary Butler (not her real name) told her mother
that she had been sexually abused by staff at a residential home.
Mary, who has Down's Syndrome, was 15 years old. The initial investigation,
by police and social services, was opened and closed in a matter of
hours. It took persistent complaints by Mary's parents over several
years to force a second joint investigation, which found evidence
that two members of staff who worked at the home may have sexually
abused a number of children.
Mary has now been receiving counselling for 18 months and still suffers
from vivid flashbacks. Her father, a member of the charity Voice,
which helps learning disabled victims of crime, says there were "years
of posturing" by the police before anyone took the case seriously.
He believes the case was dropped because officers knew it would be
hard to secure a successful prosecution. "Our experience when
she first disclosed the abuse was nothing short of appalling,"
he says.
"The police have to get the crime rate down. They have a shopping
list of priorities, but where are our children on that list?"
* Providing a Quality Service to People with Disabilities and Older
People is available free from the ACPO press office on 020 7227 3405/06.
Tracey Hunt can be contacted on 020 7230 4374 or at: tracey.hunt@met.police.uk
Margaret Kennedy can be contacted at: mk@emkay-disab.demon.co.uk
Posted: 14 Mar, 2002
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