Specialist Actions Against the Police Solicitors At Irwin Mitchell Welcome Decision

Lawyers have welcomed the decision of the Independent Police Complaints Commission (IPCC) to re-open its investigation into the death of Neil Budziszewski at Ecclesfield Police Station.

Mr Budziszewski died in custody at the age of 42 in March 2013 after police officers failed to seek medical attention for him.

The IPCC investigated the death and found that two South Yorkshire Police sergeants had cases to answer for misconduct.  One officer received a final written warning and subsequently retired from the police.   The other officer received a formal written warning.

An inquest into the death later heard that a civilian member of police staff, Gary Houlton, made false entries in the custody record claiming to have carried out certain checks on the deceased which had not in fact taken place.

Following the inquest the IPCC initially referred Mr Houlton’s conduct to South Yorkshire Police Professional Standards Department to investigate. However, following representations from Irwin Mitchell that this would be unlawful, the IPCC reopened its own investigation. 

Gus Silverman, a public law and action against the police expert at Irwin Mitchell acting for Neil’s brother Steven, said: 

Expert Opinion

“My client is pleased that the IPCC has agreed to investigate CDO Houlton’s conduct. Custody records are vitally important documents because they provide an account of how a person is treated in custody. <br/> <br/>“The public must be able to trust police officers and staff to complete these records accurately and truthfully, particularly where someone has died. <br/> <br/>“My client looks forward to the IPCC conducting a thorough investigation into this aspect of the circumstances in which his brother died whilst in the care of South Yorkshire Police.” Gus Silverman - Associate