An inquest into the death of Bedford man, Andrew McCleary while under arrest in May 2021 has ruled that he was unlawfully killed while being restrained by police and ambulance staff.
On the morning of 29 May 2021, 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.
The inquest heard how Andrew had said he no longer wanted to go to hospital after police officers and an ambulance had arrived. However, they continued to persuade Andrew to voluntarily go to hospital with ambulance staff for 40 minutes.
This was 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, it was found the criteria for using force under the MCA were not met, and none of the witnesses at the inquest could show that they had applied the criteria correctly or at all.
Resisted
McCleary was said to have “passively resisted” attempts to force him into the ambulance, which the inquest was told he was entitled to do.
Yet, officers, assisted by ambulance staff, applied increasing force taking McCleary to the ground laying face upwards in the supine position, then handcuffing him.
McCleary was said to repeatedly object to what was happening and was said to say 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 the jury heard only increased his distress and the strain on his heart.
After 18 minutes of restraint, involving a total of five police officers and three ambulance staff, McCleary was placed on a wheeled stretcher and put in an ambulance.
It’s understood that paramedics took no steps to monitor McCleary’s heart rate or other vital signs from this point onwards.
Five minutes later, McCleary was found to be unresponsive and in cardiac arrest. CPR was administered to no effect.
Dr Soar, who specialises in the care of critically ill patients, told the jury that the cause of McCleary’s death was the use of cocaine and the physical and psychological effects of restraint.
The jury at the inquest before HM Senior Coroner Emma Whitting, held at Bedford and Luton Coroner’s Court from 9 – 24 September 2024, found that:
- police and ambulance staff who attended wanted McCleary 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 McCleary was restrained, there was a complete failure to monitor his physical and psychological well-being.
The jury unanimously concluded that McCleary was unlawfully killed, finding:
- reasonable steps were not taken to establish whether McCleary lacked capacity to decide whether to go to hospital for treatment for his heart rate;
- there was a lack of honest belief that McCleary 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 McCleary‘s death.
Speaking at the inquest, Mcleary’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 have given him the justice he deserves.”
“Needless Tragedy”
Speaking a few days later to the Bedford Independent, she added, “My dad was caring, funny and loving. He would give someone his last pound.
“He would leave a mark on people with his infectious laugh and his contagious grin. He was like a Cheshire Cat lighting up the room with his big gold teeth. He had lots of friends and spent most of his time lifting weights in the gym.
“He was the kind of guy who would be your biggest supporter and make you feel appreciated. If you was feeling down, you would want my dad around you as he’d leave you with abs after giggling so much. He was the definition of selfless.”
Elliot Bannister of the law firm Deighton Pierce Glynn also commented on the jury’s decision.
“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.”
“Learning from this”
Temporary Chief Constable Dan Vajzovic says they’ll be reviewing the findings of the inquest.
“First and foremost, our thoughts are with Andrew’s family and friends,” he said.
“In every situation, our officers work hard to protect people and keep them safe. However, it is important to remember they are not healthcare professionals.
“We continuously strive to improve our response to complex incidents, especially when they involve vulnerable individuals. In partnership with other agencies, we have been actively working to improve our multi-agency protocols.
“This includes the introduction of the national Right Care, Right Person initiative, aimed at ensuring vulnerable people receive appropriate support from the most qualified and suitable services.
“We will carefully review the findings of this inquest and seek opportunities to enhance our multi-agency response strategies. Learning from this experience will be vital as we continue to strengthen our commitment to public safety and the well-being of the communities we serve.”
The East of England Ambulance Service has been approached for comment but did not respond by the time we went to publication.
