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An act of parliament that provides the core framework of police powers to combat crime and provide codes of practice for the exercise of these powers.
Leads and manages the development of the police service in England, Wales and Northern Ireland.
The body that represents the interests of all police constables, sergeants, and inspectors.
Deals with someone’s inability or failure to perform to a satisfactory level, but without breaching the Standards of Professional Behaviour.
Focuses on putting an issue right and preventing it from happening again by encouraging those involved to reflect on their actions and learn. It is not a disciplinary process or a disciplinary outcome.
Department within a police force that deals with complaints and conduct matters.
Refers to lower-level misconduct or performance-related issues, which are dealt with in a proportionate and constructive manner.
This means doing what is appropriate in the circumstances, taking into account the facts and the context in which the complaint has been raised, within the framework of legislation and guidance.
The average is calculated using the individual results of the forces in that most similar force group.
An investigation carried out by IOPC staff.
Carried out by the police under their own direction and control. The IOPC sets the terms of reference and receives the investigation report when it is complete. Complainants have a right of appeal following a supervised investigation (unless it is an investigation into a direction and control matter).
This act sets out how the police complaints system operates.
How a police force is run, for example policing standards or policing policy.
An investigation carried out by the police under the direction and control of the IOPC.
The organisation that is responsible for assessing how to deal with a complaint. For example – whether it can be handled locally or reaches the criteria for referral to the IOPC. The appropriate authority may be the chief officer of the police force or the PCC for the force. If a complaint investigation finds that someone has a case to answer for misconduct, the appropriate authority is responsible for arranging any misconduct proceedings. If you make a complaint, the appropriate authority for your case will contact you.
An intelligence-led agency with law enforcement powers, it is also responsible for reducing the harm that is caused to people and communities by serious organised crime.
Policing bodies include police and crime commissioners, the Common Council for the City of London, or the Mayor's Office for Policing and Crime.
Investigations carried out entirely by the police. Complainants have a right of appeal following a local investigation (unless it is an investigation into a direction and control matter).
IOPC guidance to the police service and police authorities on the handling of complaints.
A complaint or recordable conduct matter that doesn’t need to be referred to the IOPC, but where the seriousness or circumstances justifies referral.
Parameters within which an investigation is conducted.
A person is adversely affected if he or she suffers any form of loss or damage, distress or inconvenience, if he or she is put in danger or is otherwise unduly put at risk of being adversely affected.
This is where a manager deals with the way someone has behaved. It can include: showing the police officer or member of staff how their behaviour fell short of expectations set out in the Standards of Professional Behaviour; identifying expectations for future conduct; or addressing any underlying causes of misconduct.
This could be the Police and Crime Commissioner, the Common Council for the City of London, or the Mayor's Office for Policing and Crime.
A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and an explanation, an apology, or a meeting between the complainant and the officer involved.
A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and an explanation, an apology, or a meeting between the complainant and the officer involved.
A breach of standards of professional behaviour by police officers or staff so serious it could justify their dismissal.
A matter where no complaint has been received, but where there is an indication that a person serving with the police may have committed a criminal offence or behaved in a manner that would justify disciplinary proceedings.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
Quarter 1 covers 1 April - 30 June Quarter 2 covers 1 April - 30 September Quarter 3 covers 1 April - 31 December Quarter 4 covers the full financial year (1 April - 31 March).
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.
Used to house anyone who has been detained.
Complainants have the right to appeal to the IOPC if a police force did not record their complaint or notify the correct police force if it was made originally to the wrong force.
The purpose of an investigation is to establish the facts behind a complaint, conduct matter, or DSI matter and reach conclusions. An investigator looks into matters and produces a report that sets out and analyses the evidence. There are three types of investigations: local, directed and independent.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
The type of behaviour being complained about. A single complaint case can have one or many allegations attached.
A person who makes a complaint about the conduct of someone serving with the police.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
List of officers and staff who have been dismissed from policing, or would have been if they had not retired or resigned.
The type of behaviour being complained about. A single complaint case can have one or many allegations attached.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
An independent judicial officer, the coroner enquires into deaths reported to him/her.
A breach of the Standards of Professional Behaviour that would justify at least a written warning.
No further action may be taken with regard to a complaint if the complainant decides to retract their allegation(s).
A record is made of a complaint, giving it formal status as a complaint under the Police Reform Act 2002.
This is a format where information is written in plain English and short sentences.
The IOPC must be notified about specific types of complaint or incidents to be able to decide how they should be dealt with.
No further action may be taken with regard to a complaint if the complainant decides to retract their allegation(s).
Casework involves assessing appeals. Casework staff also have a role in overseeing the police complaints system to help ensure police forces handle complaints in the best possible way.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
Conduct includes acts, omissions, statements and decisions (whether actual, alleged or inferred). For example: language used and the manner or tone of communications.
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.

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An act of parliament that provides the core framework of police powers to combat crime and provide codes of practice for the exercise of these powers.
Leads and manages the development of the police service in England, Wales and Northern Ireland.
The body that represents the interests of all police constables, sergeants, and inspectors.
Deals with someone’s inability or failure to perform to a satisfactory level, but without breaching the Standards of Professional Behaviour.
Focuses on putting an issue right and preventing it from happening again by encouraging those involved to reflect on their actions and learn. It is not a disciplinary process or a disciplinary outcome.
Department within a police force that deals with complaints and conduct matters.
Refers to lower-level misconduct or performance-related issues, which are dealt with in a proportionate and constructive manner.
This means doing what is appropriate in the circumstances, taking into account the facts and the context in which the complaint has been raised, within the framework of legislation and guidance.
The average is calculated using the individual results of the forces in that most similar force group.
An investigation carried out by IOPC staff.
Carried out by the police under their own direction and control. The IOPC sets the terms of reference and receives the investigation report when it is complete. Complainants have a right of appeal following a supervised investigation (unless it is an investigation into a direction and control matter).
This act sets out how the police complaints system operates.
How a police force is run, for example policing standards or policing policy.
An investigation carried out by the police under the direction and control of the IOPC.
The organisation that is responsible for assessing how to deal with a complaint. For example – whether it can be handled locally or reaches the criteria for referral to the IOPC. The appropriate authority may be the chief officer of the police force or the PCC for the force. If a complaint investigation finds that someone has a case to answer for misconduct, the appropriate authority is responsible for arranging any misconduct proceedings. If you make a complaint, the appropriate authority for your case will contact you.
An intelligence-led agency with law enforcement powers, it is also responsible for reducing the harm that is caused to people and communities by serious organised crime.
Policing bodies include police and crime commissioners, the Common Council for the City of London, or the Mayor's Office for Policing and Crime.
Investigations carried out entirely by the police. Complainants have a right of appeal following a local investigation (unless it is an investigation into a direction and control matter).
IOPC guidance to the police service and police authorities on the handling of complaints.
A complaint or recordable conduct matter that doesn’t need to be referred to the IOPC, but where the seriousness or circumstances justifies referral.
Parameters within which an investigation is conducted.
A person is adversely affected if he or she suffers any form of loss or damage, distress or inconvenience, if he or she is put in danger or is otherwise unduly put at risk of being adversely affected.
This is where a manager deals with the way someone has behaved. It can include: showing the police officer or member of staff how their behaviour fell short of expectations set out in the Standards of Professional Behaviour; identifying expectations for future conduct; or addressing any underlying causes of misconduct.
This could be the Police and Crime Commissioner, the Common Council for the City of London, or the Mayor's Office for Policing and Crime.
A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and an explanation, an apology, or a meeting between the complainant and the officer involved.
A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and an explanation, an apology, or a meeting between the complainant and the officer involved.
A breach of standards of professional behaviour by police officers or staff so serious it could justify their dismissal.
A matter where no complaint has been received, but where there is an indication that a person serving with the police may have committed a criminal offence or behaved in a manner that would justify disciplinary proceedings.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
Quarter 1 covers 1 April - 30 June Quarter 2 covers 1 April - 30 September Quarter 3 covers 1 April - 31 December Quarter 4 covers the full financial year (1 April - 31 March).
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.
Used to house anyone who has been detained.
Complainants have the right to appeal to the IOPC if a police force did not record their complaint or notify the correct police force if it was made originally to the wrong force.
The purpose of an investigation is to establish the facts behind a complaint, conduct matter, or DSI matter and reach conclusions. An investigator looks into matters and produces a report that sets out and analyses the evidence. There are three types of investigations: local, directed and independent.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
The type of behaviour being complained about. A single complaint case can have one or many allegations attached.
A person who makes a complaint about the conduct of someone serving with the police.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
List of officers and staff who have been dismissed from policing, or would have been if they had not retired or resigned.
The type of behaviour being complained about. A single complaint case can have one or many allegations attached.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
An independent judicial officer, the coroner enquires into deaths reported to him/her.
A breach of the Standards of Professional Behaviour that would justify at least a written warning.
No further action may be taken with regard to a complaint if the complainant decides to retract their allegation(s).
A record is made of a complaint, giving it formal status as a complaint under the Police Reform Act 2002.
This is a format where information is written in plain English and short sentences.
The IOPC must be notified about specific types of complaint or incidents to be able to decide how they should be dealt with.
No further action may be taken with regard to a complaint if the complainant decides to retract their allegation(s).
Casework involves assessing appeals. Casework staff also have a role in overseeing the police complaints system to help ensure police forces handle complaints in the best possible way.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
Conduct includes acts, omissions, statements and decisions (whether actual, alleged or inferred). For example: language used and the manner or tone of communications.
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.

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Swyddfa Annibynnol Ymddygiad yr Heddlu

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An act of parliament that provides the core framework of police powers to combat crime and provide codes of practice for the exercise of these powers.
Leads and manages the development of the police service in England, Wales and Northern Ireland.
The body that represents the interests of all police constables, sergeants, and inspectors.
Deals with someone’s inability or failure to perform to a satisfactory level, but without breaching the Standards of Professional Behaviour.
Focuses on putting an issue right and preventing it from happening again by encouraging those involved to reflect on their actions and learn. It is not a disciplinary process or a disciplinary outcome.
Department within a police force that deals with complaints and conduct matters.
Refers to lower-level misconduct or performance-related issues, which are dealt with in a proportionate and constructive manner.
This means doing what is appropriate in the circumstances, taking into account the facts and the context in which the complaint has been raised, within the framework of legislation and guidance.
The average is calculated using the individual results of the forces in that most similar force group.
An investigation carried out by IOPC staff.
Carried out by the police under their own direction and control. The IOPC sets the terms of reference and receives the investigation report when it is complete. Complainants have a right of appeal following a supervised investigation (unless it is an investigation into a direction and control matter).
This act sets out how the police complaints system operates.
How a police force is run, for example policing standards or policing policy.
An investigation carried out by the police under the direction and control of the IOPC.
The organisation that is responsible for assessing how to deal with a complaint. For example – whether it can be handled locally or reaches the criteria for referral to the IOPC. The appropriate authority may be the chief officer of the police force or the PCC for the force. If a complaint investigation finds that someone has a case to answer for misconduct, the appropriate authority is responsible for arranging any misconduct proceedings. If you make a complaint, the appropriate authority for your case will contact you.
An intelligence-led agency with law enforcement powers, it is also responsible for reducing the harm that is caused to people and communities by serious organised crime.
Policing bodies include police and crime commissioners, the Common Council for the City of London, or the Mayor's Office for Policing and Crime.
Investigations carried out entirely by the police. Complainants have a right of appeal following a local investigation (unless it is an investigation into a direction and control matter).
IOPC guidance to the police service and police authorities on the handling of complaints.
A complaint or recordable conduct matter that doesn’t need to be referred to the IOPC, but where the seriousness or circumstances justifies referral.
Parameters within which an investigation is conducted.
A person is adversely affected if he or she suffers any form of loss or damage, distress or inconvenience, if he or she is put in danger or is otherwise unduly put at risk of being adversely affected.
This is where a manager deals with the way someone has behaved. It can include: showing the police officer or member of staff how their behaviour fell short of expectations set out in the Standards of Professional Behaviour; identifying expectations for future conduct; or addressing any underlying causes of misconduct.
This could be the Police and Crime Commissioner, the Common Council for the City of London, or the Mayor's Office for Policing and Crime.
A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and an explanation, an apology, or a meeting between the complainant and the officer involved.
A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and an explanation, an apology, or a meeting between the complainant and the officer involved.
A breach of standards of professional behaviour by police officers or staff so serious it could justify their dismissal.
A matter where no complaint has been received, but where there is an indication that a person serving with the police may have committed a criminal offence or behaved in a manner that would justify disciplinary proceedings.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
Quarter 1 covers 1 April - 30 June Quarter 2 covers 1 April - 30 September Quarter 3 covers 1 April - 31 December Quarter 4 covers the full financial year (1 April - 31 March).
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.
Used to house anyone who has been detained.
Complainants have the right to appeal to the IOPC if a police force did not record their complaint or notify the correct police force if it was made originally to the wrong force.
The purpose of an investigation is to establish the facts behind a complaint, conduct matter, or DSI matter and reach conclusions. An investigator looks into matters and produces a report that sets out and analyses the evidence. There are three types of investigations: local, directed and independent.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
The type of behaviour being complained about. A single complaint case can have one or many allegations attached.
A person who makes a complaint about the conduct of someone serving with the police.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
List of officers and staff who have been dismissed from policing, or would have been if they had not retired or resigned.
The type of behaviour being complained about. A single complaint case can have one or many allegations attached.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
An independent judicial officer, the coroner enquires into deaths reported to him/her.
A breach of the Standards of Professional Behaviour that would justify at least a written warning.
No further action may be taken with regard to a complaint if the complainant decides to retract their allegation(s).
A record is made of a complaint, giving it formal status as a complaint under the Police Reform Act 2002.
This is a format where information is written in plain English and short sentences.
The IOPC must be notified about specific types of complaint or incidents to be able to decide how they should be dealt with.
No further action may be taken with regard to a complaint if the complainant decides to retract their allegation(s).
Casework involves assessing appeals. Casework staff also have a role in overseeing the police complaints system to help ensure police forces handle complaints in the best possible way.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
Conduct includes acts, omissions, statements and decisions (whether actual, alleged or inferred). For example: language used and the manner or tone of communications.
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.

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Content

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Recommendations made for improvements to Immigration Enforcement visits following investigation into death of Mustafa Dawood

Cymraeg isod

The Independent Office for Police Conduct’s (IOPC) investigation into the tragic death of Mustafa Dawood in Newport in 2018 recommended a number of improvements to the planning and operation of enforcement visits by immigration officers.

Following the conclusion of our independent investigation into the death of Sudanese national Mustafa Dawood on 30 June 2018, we made a series of recommendations to the Home Office in 2019, all of which were accepted. The recommendations included the need for tailored risk assessments; better contingency planning and safeguarding; and improved support from command officers for operational staff when carrying out enforcement visits.

As the inquest into Mr Dawood’s death has now ended at Newport Coroner’s Court, with the jury today (Friday) recording a narrative determination, we are now in a position to publish details of our conclusions. We have also published our investigation report.

Mr Dawood, 23, died after he ran off from immigration officers during an enforcement visit to the Shaftesbury Car Wash, on Albany Street in Newport. The car wash was located on the forecourt of a large complex which also included a storage and warehousing unit. Immigration officers initially followed Mr Dawood into the warehouse. Mr Dawood then climbed onto the roof of the warehouse before falling from a significant height through the corrugated plastic roof of an annex building, where he was later located by officers.

Officers called an ambulance and performed CPR until paramedics arrived. Mr Dawood was taken to the University Hospital of Wales in Cardiff where he was sadly later pronounced dead.

Investigators obtained accounts from the immigration officers who attended that day and statements from independent witnesses. We also reviewed CCTV footage and photos, medical evidence, and relevant policies, procedures, and legislation.

Immigration Enforcement officers carried out the pre-planned visit, based on intelligence of illegal working at the car wash. While there was no procedural requirement for a physical reconnaissance of the site, the short, generic risk assessment carried out, coupled with the fact just four officers were in attendance, was in our view insufficient for the scale of the site and associated risks. None of the officers were equipped with body-worn video cameras, nor was their radio communication recorded.

We also concluded that officers involved in the visit, who all had up to date training, could have benefitted from greater proactive support and direction from senior staff off-site as well as better communication during the operation.

IOPC Director for Wales, Catrin Evans said: “It is desperately sad that a young man who fled his own country to seek safety here in the UK died in such awful circumstances. I recognise his untimely death has had a profound effect on his family and friends, the Sudanese community here and beyond, and all those who were involved and witnessed the tragic event. I again send Mustafa Dawood’s family my heartfelt condolences at this difficult time. 

“We carefully investigated how the enforcement visit that morning was planned and carried out. Our investigation concluded that the officers’ actions were broadly in line with policies and procedures and no individual immigration enforcement officer behaved in a manner that would justify disciplinary proceedings. Mustafa ran off almost immediately after officers arrived and we found no evidence this tragic outcome could have been reasonably foreseen by those present. 

“However, we identified significant organisational learning to try to help better safeguard individuals when suddenly encountering immigration officials in such circumstances. Our recommendations will help reduce the risk of others being injured in the future and should serve to develop practice and procedures within Immigration Enforcement to improve public confidence.”

A short video of Catrin Evans speaking about our investigation is available in English and Welsh

The IOPC made the following recommendations to the Home Office, which were accepted:

1.    That Immigration Enforcement ensures all enforcement visits are subject to a tailored, written risk assessment, which will include specific information regarding: a) the size and layout of the specific premises to be visited and how immigration officers will manage visits to multiple business premises on the same site; b) the legal powers of immigration officers to be used during the visit; c) contingency planning for how immigration officers will manage the situation if a person flees before they have obtained verbal consent to enter the premises; d) relevant safeguarding considerations that may potentially be relevant to the enforcement visit; e) how and in what circumstances the OIC will make and communicate any decision to abandon a foot pursuit; and f) any other relevant information.
2.    That Silver and Gold Command within Immigration Enforcement should provide immigration officers with a greater level of proactive support and direction.
3.    That the Home Office should ensure as a matter of urgency that all immigration enforcement vehicles are equipped with first-aid kits as per policy. 
4.    That Immigration Enforcement ensures that its guidance to immigration officers regarding powers of entry and seeking consent to enter premises is clear, consistent, and in line with applicable legislation. 
5.    That Immigration Enforcement considers the use of body-worn video cameras and recording radio transmissions during enforcement visits, to capture the best possible evidence of the sequence of events. 
6.    That Immigration Enforcement implements post-incident procedures to preserve the integrity of accounts following serious incidents.  

The IOPC were notified on the 30 June 2018 by Immigration Enforcement and attended the scene that day to begin our enquiries. After the end of the investigation in summer 2019, we subsequently shared our report with Mr Dawood’s family, the Coroner, and Immigration Enforcement. We shared with Mr Dawood’s family relevant CCTV footage of what happened.

The IOPC has jurisdiction over Immigration Enforcement officers when carrying out specified enforcement functions in relation to immigration.

 

Argymhellion a wnaed ar gyfer gwelliannau i ymweliadau Gorfodi Mewnfudo yn dilyn ymchwiliad i farwolaeth Mustafa Dawood

Argymhellodd ymchwiliad y Swyddfa Annibynnol Ymddygiad yr Heddlu (IOPC) i farwolaeth drasig Mustafa Dawood yng Nghasnewydd yn 2018 nifer o welliannau i gynllunio a gweithredu ymweliadau gorfodi gan swyddogion mewnfudo.

Yn dilyn casgliad ein hymchwiliad annibynnol i farwolaeth Mustafa Dawood, gwladolyn o Swdan, ar 30 Mehefin 2018, gwnaethom gyfres o argymhellion i’r Swyddfa Gartref yn 2019, a derbyniwyd pob un ohonynt. Roedd yr argymhellion yn cynnwys yr angen am asesiadau risg wedi'u teilwra; gwell cynllunio a diogelu wrth gefn; a gwell cefnogaeth gan swyddogion rheoli ar gyfer staff gweithredol wrth gynnal ymweliadau gorfodi.

Gan fod y cwest i farwolaeth Mr Dawood bellach wedi dod i ben yn Llys y Crwner Casnewydd, gyda’r rheithgor heddiw (dydd Gwener) yn cofnodi penderfyniad naratif, rydym bellach mewn sefyllfa i gyhoeddi manylion ein casgliadau. Rydym hefyd wedi cyhoeddi adroddiad ein hymchwiliad.

Bu farw Mr Dawood, 23, ar ôl iddo redeg i ffwrdd o swyddogion mewnfudo yn ystod ymweliad gorfodi â Golchfa Ceir Shaftesbury, ar Heol Albany yng Nghasnewydd. Roedd yr olchfa ceir wedi'i lleoli ar gwrt blaen cyfadeilad mawr a oedd hefyd yn cynnwys uned storio a warysau. I ddechrau, dilynodd swyddogion mewnfudo Mr Dawood i'r warws. Yna dringodd Mr Dawood i do'r warws cyn cwympo o uchder sylweddol trwy do plastig rhychog adeilad cysylltiol, lle cafodd ei ddarganfod yn ddiweddarach gan swyddogion.

Galwodd y swyddogion am ambiwlans a pherfformio CPR nes i barafeddygon gyrraedd. Aed â Mr Dawood i Ysbyty Athrofaol Cymru yng Nghaerdydd lle, yn anffodus, y datganwyd ei fod wedi marw.

Casglodd ymchwilwyr adroddiadau gan y swyddogion mewnfudo a fynychodd y diwrnod hwnnw a datganiadau gan dystion annibynnol. Gwnaethom hefyd adolygu lluniau a lluniau teledu cylch cyfyng, tystiolaeth feddygol, a pholisïau, gweithdrefnau a deddfwriaeth berthnasol.

Cynhaliodd swyddogion Gorfodi Mewnfudo yr ymweliad a gynlluniwyd ymlaen llaw, yn seiliedig ar wybodaeth am weithio'n anghyfreithlon yn yr olchfa ceir. Er nad oedd unrhyw ofyniad gweithdrefnol ar gyfer rhagchwiliad corfforol o'r safle, roedd yr asesiad risg generig byr a gynhaliwyd, ynghyd â'r ffaith mai dim ond pedwar swyddog oedd yn bresennol, yn annigonol yn ein barn ni ar gyfer graddfa'r safle a'r risgiau cysylltiedig. Nid oedd gan yr un o'r swyddogion gamerâu fideo a wisgwyd ar y corff, ac ni recordiwyd eu cyfathrebu radio.

Daethom i'r casgliad hefyd y gallai swyddogion a fu'n rhan o'r ymweliad, a oedd oll wedi derbyn hyfforddiant cyfredol, fod wedi elwa o fwy o gefnogaeth ac arweiniad rhagweithiol gan uwch staff oddi ar y safle yn ogystal â gwell cyfathrebu yn ystod yr ymgyrch.

Dywedodd Cyfarwyddwr IOPC Cymru, Catrin Evans: “Mae’n drist iawn bod dyn ifanc a ffodd o’i wlad ei hun i geisio diogelwch yma yn y Deyrnas Unedig wedi marw mewn amgylchiadau mor ofnadwy. Rwy'n cydnabod bod ei farwolaeth cyn pryd wedi cael effaith ddwys ar ei deulu a'i ffrindiau, y gymuned Swdanaidd yma a thu hwnt, a phawb a fu'n rhan o'r digwyddiad trasig ac a welodd y digwyddiad trasig hwnnw. Unwaith eto, anfonaf fy nghydymdeimlad diffuant at deulu Mustafa Dawood yn y cyfnod anodd hwn.

“Fe wnaethon ni ymchwilio’n ofalus i sut y cafodd yr ymweliad gorfodi y bore hwnnw ei gynllunio a’i gynnal. Daeth ein hymchwiliad i'r casgliad bod gweithredoedd y swyddogion yn unol yn fras â pholisïau a gweithdrefnau ac nad oedd unrhyw swyddog gorfodi mewnfudo unigol yn ymddwyn mewn modd a fyddai'n cyfiawnhau achos disgyblu. Rhedodd Mustafa i ffwrdd bron yn syth ar ôl i swyddogion gyrraedd ac ni welsom unrhyw dystiolaeth y gallai'r canlyniad trasig hwn fod wedi'i ragweld yn rhesymol gan y rhai a oedd yn bresennol.

“Fodd bynnag, gwnaethom nodi dysgu sefydliadol sylweddol i geisio helpu amddiffyn unigolion yn well wrth ddod ar draws swyddogion mewnfudo yn sydyn o dan amgylchiadau o'r fath. Bydd ein hargymhellion yn helpu lleihau’r risg y bydd eraill yn cael eu hanafu yn y dyfodol a dylid eu defnyddio i ddatblygu arfer a gweithdrefnau o fewn Gorfodi Mewnfudo i wella hyder y cyhoedd.”

Mae fideo byr o Catrin Evans yn siarad am ein hymchwiliad ar gael yn Saesneg a Chymraeg.

Gwnaeth yr IOPC yr argymhellion canlynol i'r Swyddfa Gartref, a dderbyniwyd:

1.    Bod Gorfodi Mewnfudo yn sicrhau bod pob ymweliad gorfodi yn destun asesiad risg ysgrifenedig wedi'i deilwra, a fydd yn cynnwys gwybodaeth benodol ynghylch: a) maint a chynllun y lleoliad penodol yr ymwelir ag o, a sut y bydd swyddogion mewnfudo yn rheoli ymweliadau â nifer o adeiladau busnes ar yr un safle; b) pwerau cyfreithiol swyddogion mewnfudo i'w defnyddio yn ystod yr ymweliad; c) cynllunio wrth gefn ar gyfer sut y bydd swyddogion mewnfudo yn rheoli'r sefyllfa os yw person yn ffoi cyn cael caniatâd llafar i fynd i mewn i'r adeilad; d) ystyriaethau diogelu perthnasol a allai fod yn berthnasol i'r ymweliad gorfodi; e) sut ac o dan ba amgylchiadau y bydd yr OIC yn gwneud ac yn cyfleu unrhyw benderfyniad i roi'r gorau i ymlid ar droed; ac f) unrhyw wybodaeth berthnasol arall.

2.    Y dylai'r Gorchymyn Arian ac Aur o fewn Gorfodi Mewnfudo roi lefel uwch o gefnogaeth ac arweiniad rhagweithiol i swyddogion mewnfudo.

3.    Y dylai'r Swyddfa Gartref sicrhau ar frys bod citiau cymorth cyntaf yn unol â'r polisi ym mhob bob cerbyd gorfodi mewnfudo.

4.    Bod Gorfodi Mewnfudo yn sicrhau bod ei ganllaw i swyddogion mewnfudo ynghylch pwerau mynediad a cheisio caniatâd i fynd i mewn i adeilad yn glir, yn gyson, ac yn unol â deddfwriaeth berthnasol.

5.    Bod Gorfodi Mewnfudo yn ystyried defnyddio camerâu fideo a wisgir ar y corff a recordio darllediadau radio yn ystod ymweliadau gorfodi, i gipio'r dystiolaeth orau bosibl o ddilyniant y digwyddiadau.

6.    Bod Gorfodi Mewnfudo yn gweithredu gweithdrefnau ar ôl digwyddiad i gadw cyfanrwydd adroddiadau yn dilyn digwyddiadau difrifol. 

Hysbyswyd yr IOPC ar 30 Mehefin 2018 gan Orfodi Mewnfudo a mynychwyd y lleoliad y diwrnod hwnnw i ddechrau ein hymholiadau. Ar ôl diwedd yr ymchwiliad yn haf 2019, fe wnaethom rannu ein hadroddiad gyda theulu Mr Dawood, y Crwner, a Gorfodi Mewnfudo. Fe rannom luniau teledu cylch cyfyng perthnasol gyda theulu Mr Dawood o'r hyn a ddigwyddodd.

Mae gan yr IOPC awdurdodaeth dros swyddogion Gorfodi Mewnfudo wrth gyflawni swyddogaethau gorfodi penodol mewn perthynas â mewnfudo.

An act of parliament that provides the core framework of police powers to combat crime and provide codes of practice for the exercise of these powers.
Leads and manages the development of the police service in England, Wales and Northern Ireland.
The body that represents the interests of all police constables, sergeants, and inspectors.
Deals with someone’s inability or failure to perform to a satisfactory level, but without breaching the Standards of Professional Behaviour.
Focuses on putting an issue right and preventing it from happening again by encouraging those involved to reflect on their actions and learn. It is not a disciplinary process or a disciplinary outcome.
Department within a police force that deals with complaints and conduct matters.
Refers to lower-level misconduct or performance-related issues, which are dealt with in a proportionate and constructive manner.
This means doing what is appropriate in the circumstances, taking into account the facts and the context in which the complaint has been raised, within the framework of legislation and guidance.
The average is calculated using the individual results of the forces in that most similar force group.
An investigation carried out by IOPC staff.
Carried out by the police under their own direction and control. The IOPC sets the terms of reference and receives the investigation report when it is complete. Complainants have a right of appeal following a supervised investigation (unless it is an investigation into a direction and control matter).
This act sets out how the police complaints system operates.
How a police force is run, for example policing standards or policing policy.
An investigation carried out by the police under the direction and control of the IOPC.
The organisation that is responsible for assessing how to deal with a complaint. For example – whether it can be handled locally or reaches the criteria for referral to the IOPC. The appropriate authority may be the chief officer of the police force or the PCC for the force. If a complaint investigation finds that someone has a case to answer for misconduct, the appropriate authority is responsible for arranging any misconduct proceedings. If you make a complaint, the appropriate authority for your case will contact you.
An intelligence-led agency with law enforcement powers, it is also responsible for reducing the harm that is caused to people and communities by serious organised crime.
Policing bodies include police and crime commissioners, the Common Council for the City of London, or the Mayor's Office for Policing and Crime.
Investigations carried out entirely by the police. Complainants have a right of appeal following a local investigation (unless it is an investigation into a direction and control matter).
IOPC guidance to the police service and police authorities on the handling of complaints.
A complaint or recordable conduct matter that doesn’t need to be referred to the IOPC, but where the seriousness or circumstances justifies referral.
Parameters within which an investigation is conducted.
A person is adversely affected if he or she suffers any form of loss or damage, distress or inconvenience, if he or she is put in danger or is otherwise unduly put at risk of being adversely affected.
This is where a manager deals with the way someone has behaved. It can include: showing the police officer or member of staff how their behaviour fell short of expectations set out in the Standards of Professional Behaviour; identifying expectations for future conduct; or addressing any underlying causes of misconduct.
This could be the Police and Crime Commissioner, the Common Council for the City of London, or the Mayor's Office for Policing and Crime.
A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and an explanation, an apology, or a meeting between the complainant and the officer involved.
A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and an explanation, an apology, or a meeting between the complainant and the officer involved.
A breach of standards of professional behaviour by police officers or staff so serious it could justify their dismissal.
A matter where no complaint has been received, but where there is an indication that a person serving with the police may have committed a criminal offence or behaved in a manner that would justify disciplinary proceedings.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
Quarter 1 covers 1 April - 30 June Quarter 2 covers 1 April - 30 September Quarter 3 covers 1 April - 31 December Quarter 4 covers the full financial year (1 April - 31 March).
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.
Used to house anyone who has been detained.
Complainants have the right to appeal to the IOPC if a police force did not record their complaint or notify the correct police force if it was made originally to the wrong force.
The purpose of an investigation is to establish the facts behind a complaint, conduct matter, or DSI matter and reach conclusions. An investigator looks into matters and produces a report that sets out and analyses the evidence. There are three types of investigations: local, directed and independent.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
The type of behaviour being complained about. A single complaint case can have one or many allegations attached.
A person who makes a complaint about the conduct of someone serving with the police.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
List of officers and staff who have been dismissed from policing, or would have been if they had not retired or resigned.
The type of behaviour being complained about. A single complaint case can have one or many allegations attached.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
An independent judicial officer, the coroner enquires into deaths reported to him/her.
A breach of the Standards of Professional Behaviour that would justify at least a written warning.
No further action may be taken with regard to a complaint if the complainant decides to retract their allegation(s).
A record is made of a complaint, giving it formal status as a complaint under the Police Reform Act 2002.
This is a format where information is written in plain English and short sentences.
The IOPC must be notified about specific types of complaint or incidents to be able to decide how they should be dealt with.
No further action may be taken with regard to a complaint if the complainant decides to retract their allegation(s).
Casework involves assessing appeals. Casework staff also have a role in overseeing the police complaints system to help ensure police forces handle complaints in the best possible way.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
Conduct includes acts, omissions, statements and decisions (whether actual, alleged or inferred). For example: language used and the manner or tone of communications.
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.

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