Kristina O'Connor, R (on the application of) v Police Misconduct Panel & Anor
[2023] EWHC 2892 (Admin)
Eileen Dunne & Anor, R (on the application of) v The Independent Office for Police Conduct
20 December 2023
[2023] EWHC 3300 (Admin)
High Court
A man was severely injured by police. The IOPC investigated but didn't show the family key evidence or fully investigate. The court said the IOPC broke the law and must start again, properly this time, including showing the family all important evidence.
Key Facts
- •Francis Dunne (FD), a member of the Traveller community, suffered life-threatening injuries from a police officer's forceful muzzle strike to the head during an arrest.
- •The Independent Office for Police Conduct (IOPC) investigated, initially concluding no misconduct or criminal offence.
- •The Claimants (FD's mother and FD's litigation friend) challenged the IOPC's investigation for inadequate disclosure, insufficient public scrutiny, and insufficient investigation into the use of force.
- •The IOPC subsequently conceded breaches of Article 3 ECHR investigative duty and agreed to publish its full report and re-open the investigation.
Legal Principles
Article 2 ECHR procedural obligation to investigate deaths or near-fatal injuries caused by state agents, requiring effective investigation, independence, breadth, thoroughness, and victim participation.
Makaratzis v Greece, McKerr v United Kingdom, Da Silva v United Kingdom, X v Bulgaria, Tershana v Albania, Savitskyy v Ukraine, In Re McQuillan, Petrov v Bulgaria, Khojoyan v Azerbaijan
Article 3 ECHR prohibition of inhuman or degrading treatment; procedural obligation to conduct an effective investigation when credible allegations are made.
Bouyid v Belgium
Section 6 of the Human Rights Act 1998: Unlawful for public authorities to act incompatibly with Convention rights.
Human Rights Act 1998
Police Reform Act 2002 and Police (Complaints and Misconduct) Regulations 2020: Duties to keep complainants informed of investigation progress and outcomes; exceptions for national security, crime prevention, and proportionality.
Police Reform Act 2002, Police (Complaints and Misconduct) Regulations 2020
Outcomes
The IOPC's investigation and report were quashed.
Breaches of Articles 2 and 3 ECHR procedural obligations due to inadequate disclosure of evidence (including body-worn video footage), insufficient analysis of the use of force, lack of interviews, and inadequate public scrutiny.
The IOPC agreed to re-open the investigation.
To address the court's findings of inadequate investigation and ensure compliance with Articles 2 and 3 ECHR.
Declaration that the IOPC investigation breached Article 3 ECHR.
Insufficient investigation into the circumstances of the incident.
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