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A police officer has been found guilty of gross misconduct for using excessive force after she repeatedly struck former Aston Villa player Dalian Atkinson with a baton, a disciplinary panel has found.

The tribunal found on Friday that PC Mary Ellen Bettley-Smith, a West Mercia officer, acted wrongly when she struck Mr Atkinson three times during an incident on 15 August, 2016, in which the former footballer later died.

PC Mary Ellen Bettley-Smith arriving at Birmingham Crown Court
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PC Mary Ellen Bettley-Smith outside Birmingham Crown Court last September

Mr Atkinson died after being kicked at least twice in the head by PC Bettley-Smith’s more experienced colleague, PC Benjamin Monk, outside his father’s home in Telford, Shropshire.

Mr Atkinson had been tasered to the ground before he was kicked and then PC Bettley-Smith used her police-issue baton claiming she “perceived” he was trying to get up.

Eyewitnesses said the 48-year-old former player was “not moving” and “was not resistant”.

The tribunal found three initial strikes before Monk kicked Mr Atkinson were “lawful”, but it found PC Bettley-Smith’s decision to then hit him a further three times – after police back-up had arrived – was “unnecessary, disproportionate and unreasonable”.

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West Mercia Police constable Benjamin Monk was found guilty of the manslaughter of ex-footballer Dalian Atkinson
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Benjamin Monk was found guilty of the manslaughter of Dalian Atkinson

Monk was jailed for eight years in 2021 after he was convicted of manslaughter by a jury at Birmingham Crown Court.

His conviction is believed to be the first time in modern British criminal justice history that a UK police officer was found guilty of the manslaughter of a black man, according to Inquest, which supports the bereaved following state-related deaths.

PC Bettley-Smith was last year cleared of assaulting Mr Atkinson after a trial – but the Independent Office for Police Conduct (IOPC) found there was a gross misconduct disciplinary case to answer for her use of force.

Karimulla Khan, chairman of the panel, said on Friday the three baton strikes by PC Bettley-Smith were “unnecessary, disproportionate and unreasonable in all the circumstances and were therefore unlawful”.

The panel is now set to hear evidence on whether the 33-year-old, who was a probationary officer at the time of the incident, should be allowed to keep her job or face a lesser sanction.

Patrick Gibbs KC, representing PC Bettley-Smith, said: “The six and a half years… must be a significant punishment in itself and there will have been a long time of reflection for what happened on that night.”

He said the conduct of the police officer, a University of Hull graduate originally from Staffordshire, “had, until that moment, been admirable” and that her unlawful baton strikes had occurred in the space of a 27-second period.

“This involves a miscalculation in the heat of moment in the degree of force which still now needed to be used,” he added.

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Brianna Ghey’s mother calls for school smartphone ban

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Brianna Ghey's mother calls for school smartphone ban

The mother of murdered teenager Brianna Ghey is calling on the government to introduce a ban on mobile phones in schools – a move she says will not only safeguard children, but also improve their behaviour and engagement in class.

In February 2023, Brianna, 16, was stabbed to death by two 15-year-olds after being lured to a park in Warrington.

In the lead-up to the attack, her killers had spent time on the dark web. At the same time, Brianna was also trapped online, struggling with a phone addiction.

Her mother Esther Ghey’s Phone Free Education campaign is driven by her personal experiences as a parent and the impact Brianna’s phone use had on her education.

Brianna Ghey struggled with a mobile phone addiction, according to her mother
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Brianna Ghey struggled with a mobile phone addiction, according to her mother

“All the arguments that me and Brianna had were down to her phone use,” Esther said.

“But even in school, she had issues and I used to have phone calls from the school saying that Brianna wouldn’t put her phone away.”

Brianna, who was transgender, struggled with an eating disorder and also self-harmed.

Her mother says the constant time she spent online exacerbated those issues, while impacting her behaviour at school, where she had 120 safeguarding logs and 116 behaviour incidents recorded by her teachers.

Esther Ghey said she had calls from her daughter's school saying that 'Brianna wouldn't put her phone away'
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Esther Ghey said she had calls from her daughter’s school saying that ‘Brianna wouldn’t put her phone away’

“It was so difficult as a parent, because I felt in one way that I was failing and then in another way, and this is really difficult for me to speak about, I was so annoyed with Brianna,” she recalled.

“I thought, why can’t you just go to school, get your head down and just focus on your education, because this is important.

“Only now, after two years of being immersed in this world, do I realise that actually, it’s so much harder than that.”

Research by the Children’s Commission has shown that 79% of secondary schools are still allowing pupils to bring their mobile phones into school, and even into classrooms.

Brianna's school introduced a ban on mobile phones in September last year
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Brianna’s school introduced a ban on mobile phones in September last year

How phone ban is working at Brianna’s old school

Esther is campaigning for government guidance on phones to become statutory, with funding also set aside for the equipment to help schools implement the ban, arguing the lack of legislation is “setting children up to fail”.

At Birchwood Community High School in Warrington, where Brianna was a pupil, they introduced a ban on phones last September.

At the beginning of the day, pupils turn off their phones and place them in pouches, which are locked. At the end of the school day, the pouches are then unlocked.

Pupils at Birchwood Community High School in Warrington place their phones in pouches, which are then locked
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Pupils at Birchwood Community High School in Warrington place their phones in pouches, which are then locked

The headteacher, Emma Mills, said introducing these measures has come with several benefits.

“It’s had an impact in all areas of school, and it’s actually had a really positive impact in ways that I didn’t foresee,” said Ms Mills.

“Attendance has improved this year. In terms of behaviour, behaviour has improved. We’ve had no permanent exclusions this year in school, which is actually the first time since I’ve been headteacher in six years, there’s been no permanent exclusion.”

This summer, the school also saw its best-ever GCSE results in the core subjects of Science, maths, and English.

Emma Mills, headteacher at Birchwood Community High School in Warrington
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Emma Mills, headteacher at Birchwood Community High School in Warrington

‘They can live without their phones’

For Ms Mills, another significant change has been the atmosphere in the school.

“They’re not as worried, they’re not as distracted,” Ms Mills said.

“They’ve realised that they can live without their phones. Something else we’ve really noticed is that it’s a bit louder in school at breaks and lunch times. It’s because they’re talking more, they’re interacting more, and they’re communicating more.”

The positive impact of a ban at Brianna’s old school has served as encouragement to Esther, who has written an open letter addressed to Sir Keir Starmer and Education Secretary Bridget Phillipson, asking for government support.

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Brianna Ghey
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Brianna Ghey

High-profile signatories include the actress Kate Winslet, as well as actor and film producer Stephen Graham.

For Esther, who will deliver the letter to 10 Downing Street next month, the campaign is not just Brianna’s legacy, but also creating societal change.

“I think it’s important that we teach young people to live in the real world,” she said.

“It’s going to impact society at one point and I think this small amount of investment in students now will have a massive impact in the future.”

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Revealed: Huge rise in protests being dealt with by police

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Revealed: Huge rise in protests being dealt with by police

Police across the UK dealt with more than 3,000 protests over three months this summer – more than three times as many as just two years ago.

There were 3,081 protests this June, July, and August across England, Wales, Scotland and Northern Ireland, figures from the National Police Chiefs’ Council have revealed.

Last summer, when riots were raging across the country following the Southport murders, police dealt with 2,942 protests. In 2023, it was 928.

The summer months this year have been dominated by widespread demonstrations, some against the ban on Palestine Action and others against housing asylum seekers in hotels.

Counter-protesters with police as people take part in a Stand Up To Racism rally in Orpington in August. Pic: PA
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Counter-protesters with police as people take part in a Stand Up To Racism rally in Orpington in August. Pic: PA

‘Increasing tension’

Gavin Stephens, chairman of the NPCC, said it was clear that there has been “more community tension and more division”, adding that “we all have a responsibility, policing included, to set the tone”.

“Anybody in a leadership position should think about how we can reduce and defuse tensions and not sow division,” Mr Stephens said.

The senior official said protests this year were a “chronic pressure” for police compared to last year’s disorder, which was acute.

“This is not talking about the volume of protest, and this is not a commentary from policing on people’s right to protest peacefully,” he said.

“We absolutely support that in a democracy, but we do know that there is a climate of increasing tension and polarity in what we’re seeing.”

He is convinced communities will be able to reunite and “reset”, and said claims that the UK is on the verge of civil disobedience are “exaggerated”.

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It comes as policing leaders are pushing for a major restructuring of forces in England and Wales, hoping to bring more powers to a national level.

They also want to overhaul how funding is calculated for each force.

A government white paper on potential changes to the service is expected to be published in the coming months.

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Thames Water rescue plan promises £20.5bn investment

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Thames Water rescue plan promises £20.5bn investment

The group of Thames Water lenders aiming to rescue the company have set out plans for £20.5bn of investment to bolster performance.

The proposals, submitted to the regulator for consideration, include commitments to spending £9.4bn on sewage and water assets over the next five years, up 45% on current levels, to prevent spills and leaks respectively.

Of this, £3.9bn would go towards the worst performing sewage treatment sites following a series of fines against Thames Water, and other major operators, over substandard storm overflow systems.

It said this would be achieved at the 2025-30 bill levels already in place, so no further increases would be needed, but it continued to argue that leniency over poor performance will be needed to effect the turnaround.

The creditors have named their consortium London & Valley Water.

It effectively already owns Thames Water under the terms of a financial restructuring agreed early in the summer but Ofwat is yet to give its verdict on whether the consortium can run the company, averting the prospect of it being placed in a special administration regime.

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Is Thames Water a step closer to nationalisation?

Thames is on the brink of nationalisation because of the scale of its financial troubles, with debts above £17bn.

Without a deal the consortium, which includes investment heavyweights Elliott Management and BlackRock, would be wiped out.

Ofwat, which is to be scrapped under a shake-up of oversight, is looking at the operational plan separately to its proposed capital structure.

The latter is expected to be revealed later this month.

Sky News revealed on Monday that the consortium was to offer an additional £1bn-plus sweetener in a bid to persuade Ofwat and the government to back the rescue.

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Mike McTighe, the chairman designate of London & Valley Water, said: “Over the next 10 years the investment we will channel into Thames Water’s network will make it one of the biggest infrastructure projects in the country.

“Our core focus will be on improving performance for customers, maintaining the highest standards of drinking water, reducing pollution and overcoming the many other challenges Thames Water faces.

“This turnaround has the opportunity to transform essential services for 16 million customers, clean up our waterways and rebuild public trust.”

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The government has clearly signalled its preference that a market-based solution is secured for Thames Water, though it has lined up a restructuring firm to advise on planning in the event the proposed rescue deal fails.

A major challenge for the consortium is convincing officials that it has the experience and people behind it to meet the demands of running a water company of Thames Water’s size, serving about a quarter of the country’s population.

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