Andrew Mccleary: Inquest Finds Black Man Unlawfully Killed Following Prolonged Restraint By Bedfordshire Police And East Of England Ambulance Service

This is a media release by Deighton Pierce Glynn, reshared by INQUEST.

Before HM Senior Coroner Emma Whitting 
Bedford and Luton Coroner’s Court
9 – 24 September 2024

A jury has reached a conclusion of unlawful killing in relation to the death following restraint by Bedfordshire police and East of England Ambulance Service of Andrew McCleary on 29 May 2021.

On the morning of his death, Andrew had taken cocaine and called 999 for an ambulance because he was experiencing heart palpitations. The police were called by ambulance staff and the incident was filmed on the officer’s body-worn video equipment.

Andrew made clear that he no longer wanted to go to hospital. After some 40 minutes of officers and ambulance trying to persuade Andrew voluntarily to go to hospital with ambulance staff, so that his heart could be checked, officers decided to restrain Andrew to get him to hospital for treatment, relying upon the Mental Capacity Act (MCA). However the criteria for using force under the MCA were not met, nor could the witnesses at the inquest show that they had applied the criteria correctly or at all.

Andrew passively resisted attempts to force him into the ambulance (as he was entitled to do in response to unlawful restraint). Officers, assisted by ambulance staff, applied increasing force in response, first taking Andrew to the ground in the supine position, then handcuffing him. Andrew repeatedly objected to what was happening. He also stated several times that he could not breathe.

His continued attempts to resist the restraint led to a spit-hood being applied and then leg-restraints, which only increased his distress and the strain on his heart. After 18 minutes of restraint, involving a total of five officers and three ambulance staff, Andrew was placed on a wheeled stretcher and put in an ambulance.

At this point, despite the justification for restraint being to get Andrew treatment for his heart rate; and despite the witnesses at the inquest accepting the known risk of cardiac arrest from prolonged restraint, ambulance staff took no steps to monitor Andrew’s heart rate or other vital signs.

Five minutes later, Andrew was found to be unresponsive and in cardiac arrest. CPR was administered to no effect. Andrew was declared dead at 10.37am on 30 May 2021. The jury heard from intensivist Dr Soar that the cause of Andrew’s death was the use of cocaine and the physical and psychological effect of restraint.

The jury found that:

• police and ambulance staff who attended wanted Andrew to go to hospital for treatment for his high heart rate. However, they ‘failed to take reasonable steps to establish that Andrew was lacking in capacity as defined in the MCA’.
• there was no clear collaborative plan or clear communication on how to do this safely and no multi-agency risk assessment prior to the restraint.
• once Andrew was restrained, there was a complete failure to monitor his physical and psychological well-being.

The jury unanimously concluded that Andrew was unlawfully killed, finding:

• reasonable steps were not taken to establish whether Andrew lacked capacity to decide whether to go to hospital for treatment for his heart rate;
• there was a lack of honest belief that Andrew lacked capacity and that it was in his best interests to go to hospital;
• the actions were dangerous from an objective standpoint;
• the use of force/restraint more than minimally contributed to Andrew’s death.

Andrew’s daughter Tye McCleary said: “As a family we are forever thankful for the Coroner and jury, for their time, attention and care during the inquest process.

We are extremely grateful to our legal team for all working incredibly hard in the short time they had. They all fought and invested, giving us justice for our dad. Nothing will bring my dad back, however the jury’s conclusions of unlawful killing has given him the justice he deserves.”

Elliot Bannister of Deighton Pierce Glynn said: “Andrew called the ambulance because of heart palpitations, but then explained that he did not want to go to hospital. The use of restraint to get him to hospital for treatment for his heart was clearly disproportionate given the known risks restraint poses of cardiac arrest. Yet as the level and duration of the use of force increased, none of those involved stopped to question what they were doing. 

No one listened to Andrew when he pointed out that being surrounded by officers wasn’t helping his heart rate; no one listened to him when he begged the police officers to let go of him; and no one listened when he said he couldn’t breathe. Andrew’s death was a needless tragedy. 

The jury’s conclusion of unlawful killing is a powerful vindication of his right to life. Their finding, and the evidence heard over the course of the inquest, has shone a light on the continued disproportionate use of dangerous force against Black men, without any lawful, rational basis.”

ENDS

NOTES TO EDITORS
For further information, please contact Leila Hagmann on [email protected].

Andrew’s family was represented by solicitors Sarah Ricca and Elliot Bannister of Deighton Pierce Glynn, and counsel Stephen Cragg KC of Doughty Street and Michael Etienne of Garden Court Chambers.