West Mercia Police apologise over vulnerable man held in custody

Police have apologised after failing to provide a vulnerable man with an appropriate adult while he was in custody.

Nick Prosser, who has special needs, was arrested last November on suspicion of common assault and spent a night at Worcester Police Station.

His sister Susan Tustin said she should have been notified as his next-of-kin, but was not told her brother had been detained until the next day.

After she made a formal complaint, West Mercia Police apologised, and a spokesman for the force said: “The investigation following the formal complaint has concluded and found that the service provided by West Mercia Police was not acceptable.”

Mrs Tustin said her brother was “shaking” when he was brought to her house in Strensham by officers the next day.

An appropriate adult would have safeguarded Mr Prosser’s interests during interactions with police.

A letter from the force to Mrs Tustin, seen by the Local Democracy Reporting Service, said: “Regrettably, this safeguard was not implemented.

“Furthermore, the rationale for proceeding without an appropriate adult was not clearly documented on the custody record.”

Officers on duty should have ensured an appropriate adult was present, the letter said.

It said: “It is concerning that this need was not identified or reinforced by the interviewing officer, reviewing officer or Mr Prosser’s solicitor.

“This oversight is difficult to account for and does not align with the standards expected.”

Police said it would not be feasible to review custody suite CCTV and “such footage may no longer be available”.

They added: “The core issue remains, Mr Prosser should have been provided with an appropriate adult, this did not occur, and no-one can account for why this didn’t happen.”

The letter continued: “I acknowledge that not knowing fully how this mistake has occurred will be frustrating and disappointing, however on behalf of West Mercia I apologise for any distress this incident has caused Nicholas, as he was clearly vulnerable and required support.”

There was no indication a person serving with the police may have committed a criminal offence or behaved in a way justifying disciplinary proceedings, it added.

It said officers and staff had received training and oversight had been reinforced.