The Independent Office for Police Conduct (IOPC) has concluded that five current and former Warwickshire officers have a case to answer regarding their role in the 2017 incident involving Darren Cumberbatch at a bail hostel in Nuneaton.
The incident began at the Edward Street hostel and continued at George Eliot Hospital, where the 32-year-old Mr Cumberbatch died nine days later. The reinvestigation focused on the use of force during his restraint, including the deployment of a Taser, PAVA spray, punches, and baton strikes.
Gross Misconduct Allegations
Four officers, all constables, face gross misconduct hearings for breaches related to the use of force and for failing to treat the incident as a medical emergency or properly assess risk. Two of these officers are no longer serving with the police.
A fifth constable will face a misconduct meeting over failures in communication and planning before entering the hostel toilet block where Mr Cumberbatch was restrained.
Background Appeal
The original incident occurred on 10 July 2017. An inquest in 2019 ruled that Mr Cumberbatch’s death was drug-related but found that police restraint contributed to it, noting serious failings and potentially excessive force. However, the restraint applied at George Eliot Hospital was deemed reasonable by the inquest jury.
Reinvestigation Findings
The IOPC’s decision in 2022 to reinvestigate was prompted by new evidence and representations from Mr Cumberbatch’s family. The inquiry reviewed all aspects of the restraint, including the use of force in a confined area and the assessment of medical vulnerability.
The final decision was announced in August 2025, confirming that the officers have misconduct cases to answer.
Next Steps Appeal
The IOPC has directed Warwickshire Police to organise disciplinary proceedings. No criminal charges will be pursued, as the reinvestigation chose not to pass evidence to the Crown Prosecution Service.
All parties, including Mr Cumberbatch’s family and the officers involved, have been notified of the findings.
IOPC Director Emily Barry said: “Our thoughts remain with the family and friends of Mr Cumberbatch and all those affected by his death. These investigations have taken a long time and we recognise the impact on everyone involved. It was crucial the circumstances were thoroughly examined.”
Originally published by UKNIP.
