Two Metropolitan Police officers committed gross misconduct during the strip search of a 15-year-old schoolgirl wrongly suspected of possessing cannabis, a misconduct hearing has found.
PCs Kristina Linge, Victoria Wray, and Rafal Szmydynski conducted the search of the black girl, known as Child Q, with no appropriate adult present at a school in Hackney, east London, in 2020.
Scotland Yard apologised, and the Children’s Commissioner for England, Dame Rachel de Souza, described the case as “shocking” after details of the incident emerged in 2022.
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From March 2022 – Child Q: ‘Black girls should feel safe in school’
PCs Linge, Wray and Szmydynski suspected the girl was in possession of cannabis, but the police watchdog later determined no drugs were found in her bags or outer clothing.
At a police misconduct hearing in London today, Linge and Szmydytnski were found to have committed gross misconduct. They could potentially be dismissed when the sanctions are decided.
Wray was cleared of gross misconduct, but found to have committed misconduct.
The panel found she became involved in a “situation where the decision had been decided already”.
The case of Child Q drew outrage when it first came to light in March 2022 and sparked protests.
Image: In March 2022 crowds waved banners and placards reading ‘protect black kids’ and ‘shame on you’
The officers had been accused of treating Child Q differently due to her race, but Commander Jason Prins, chair of the misconduct panel, said: “We do not draw any inference that race was an effective cause of this incident.”
The panel found concerns about drugs and potential gang involvement were initially raised by school staff.
“Like many cases where stop and search is used, here the subject of the search was identified to police officers by other professionals rather than being by officers in the street,” Commander Prins added.
He said the problem was with the decision to conduct the strip search in the first place, finding it was “unnecessary” and “disproportionate”.
“There should never have been a strip search in these circumstances,” he said, accepting Child Q found it “humiliating and degrading”.
The panel did not find any officer breached professional behaviour standards relating to equality and diversity, or honesty and integrity.
During the misconduct case, the three officers gave evidence, and each said they were not influenced by subconscious bias.
Luke Ponte, for Linge, said they happened to be “three immigrant officers” who were “trying to do their best to their adopted country” as they were seeking to solve a problem.
Mr Ponte said: “These officers must not bear the entire weight of Child Q where there has been wider dysfunction as to how this came about.”
Breaches of the Met’s standards of professional behaviour found to amount to gross misconduct can lead to dismissal or a final written warning, according to the Independent Office for Police Conduct (IOPC).
A fourth officer will face a disciplinary meeting at a later date relating to no appropriate adult being present during the search. This is separate from this misconduct hearing, and it’s a lower level of discipline.
Commander Kevin Southworth, on behalf of the force, said in a statement after the verdict: “The experience of Child Q should never have happened and was truly regrettable.
“We have sincerely apologised to Child Q since this incident happened. Again, I am deeply sorry to Child Q and her family for the trauma that we caused her, and the damage this incident caused to the trust and confidence Black communities across London have in our officers.
“While the officers involved did not act correctly, we acknowledge there were organisational failings. Training to our officers around strip search and the type of search carried out on Child Q was inadequate, and our oversight of the power was also severely lacking.
“This left officers, often young in service or junior in rank, making difficult decisions in complex situations with little information, support or clear resources to help their decision-making.
“What happened to Child Q was a catalyst for change, both for the Met and for policing nationally.
“While we should not have needed an incident such as Child Q to check our approach, it has absolutely led us to improving our processes and significantly reducing the number of these types of searches carried out.
“It’s crucial we get this right to ensure the impact on young people is minimised as far as possible.
“Sadly, we know there are children in London being exploited to carry drugs and weapons for others as well as involved in criminality, so these types of searches have to remain within police powers. The work we have done since Child Q means we now have the right safeguards in place.”
Two Labour-run councils have said they are considering taking legal action to stop the use of hotels to house migrants in their areas after Epping council won a temporary injunction on Tuesday.
The leaders of Wirral and Tamworth councils both say they are considering their legal options in the wake of the Epping case, citing similar concerns about the impact of the hotels on their local communities.
Epping Forest District Council won an interim High Court injunction to stop migrants from being accommodated at The Bell Hotel, after arguing its owners did not have planning permission to use it to house migrants.
In a statement, Paula Basnett, the Labour leader of Wirral council, said: “Like many other local authorities, we have concerns about the Home Office’s practice of placing asylum seekers in hotels without consultation or regard to local planning requirements.
“We are actively considering all options available to us to ensure that any use of hotels or other premises in Wirral is lawful and does not ride roughshod over planning regulations or the wishes of our communities.
Image: Police officers ahead of a demonstration outside The Bell Hotel. Pic: PA
“Wirral has always been proud of its record in supporting families and those fleeing conflict, but it is unacceptable for the government to impose unsuitable, short-term arrangements that disrupt communities and bypass local decision-making.
“If necessary, we will not hesitate to challenge such decisions in order to protect both residents and those seeking refuge.”
Carol Dean, the Labour leader of Tamworth Borough Council, said she understands the “strong feelings” of residents about the use of a local hotel to house asylum seekers, and that the council is “listening to their concerns and taking them seriously”.
She pointed out that under the national Labour government, the use of hotels has halved from 402 to 210, with the aim of stopping the use of any hotels by the end of this parliament.
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Migrant hotels a ‘failure of policy’
But she continued: “Following the temporary High Court injunction granted to Epping Forest District Council, we are closely monitoring developments and reviewing our legal position in light of this significant ruling.”
Cllr Dean added that they had previously explored their legal options to challenge the use of the hotel but decided against them, as temporary injunctions were not being upheld.
However, the Epping ruling “represents a potentially important legal precedent”, which is why they are “carefully assessing” its significance for Tamworth.
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Minister ‘gets asylum frustration’
“We fully recognise the UK government has a statutory duty to accommodate people seeking asylum. However, we have consistently maintained that the prolonged use of hotel accommodation may not represent the best approach – either for our local community or for the asylum seekers themselves,” she said.
“We will continue to work constructively with government departments and all relevant agencies while making sure the voice of our community is heard at the highest levels of government.”
Last night, Conservative-run Broxbourne Council also announced it was exploring its legal options, and the Reform UK leader of Kent County said she was writing to fellow leaders in Kent to explore whether they could potentially take legal action as well.
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Asylum hotels: ‘People have had enough’
Use of Epping hotel ‘sidestepped public scrutiny’
The prime minister and the home secretary are under huge pressure to clear the asylum backlog and stop using hotels across the country to house those waiting for their applications to be processed.
Protests have sprung up at migrant hotels across the country. But The Bell Hotel in Epping became a focal point in recent weeks after an asylum seeker housed there was charged with sexually assaulting a 14-year-old girl.
Epping Forest District Council sought an interim High Court injunction to stop migrants from being accommodated at the hotel, owned by Somani Hotels Limited, on the basis that using it for that purpose contravened local planning regulations.
Image: The Bell Hotel in Epping. Pic: PA
The interim injunction demanded that the hotel be cleared of its occupants within 14 days, but in his ruling on Tuesday, Mr Justice Eyre granted the temporary block, while extending the time limit by which it must stop housing asylum seekers to 12 September.
Somani Hotels said it intended to appeal the decision, its barrister, Piers Riley-Smith, arguing it would set a precedent that could affect “the wider strategy” of housing asylum seekers in hotels.
A government attempt to delay the application was rejected by the High Court judge earlier on Tuesday, Home Office barristers arguing the case had a “substantial impact” on the Home Secretary, Yvette Cooper, in performing her legal duties to asylum seekers.
But Mr Justice Eyre dismissed the Home Office’s bid, stating that the department’s involvement was “not necessary”.
The judge said the hotel’s owners “sidestepped the public scrutiny and explanation which would otherwise have taken place if an application for planning permission or for a certificate of lawful use had been made”.
He added: “It was also deliberately taking the chance that its understanding of the legal position was incorrect. This is a factor of particular weight in the circumstances of this case.”
Reacting to Tuesday’s judgment, border security minister Dame Angela Eagle said the government will “continue working with local authorities and communities to address legitimate concerns”.
She added: “Our work continues to close all asylum hotels by the end of this parliament.”
A row has broken out between the Tories and Reform about previous comments on migrant hotels, so who said what and when?
At the centre of the argument is an interview Robert Jenrick did with Sky News back in November 2022, one week after he was appointed immigration minister in Rishi Sunak’s government.
His appearance came amid a crisis at an asylum seeker processing centre in Kent, which had become severely overcrowded – with migrants sleeping on the floor and families being housed in marquees.
The home secretary at the time, Suella Braverman, had also been accused of allowing the situation to develop by failing to procure sufficient alternative accommodation – such as hotels – for migrants to be taken to.
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Full clip: Jenrick on hotels in 2022
Asked about this by Sky News in 2022, Robert Jenrick said: “More hotels have been coming online almost every month throughout the whole of this year.
“So, Suella Braverman and her predecessor, Priti Patel, were procuring more hotels. What I have done in my short tenure is ramp that up and procure even more because November, historically, has been one of the highest months of the year for migrants illegally crossing the Channel.”
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Council wins asylum hotel case
Fast-forward almost three years, and this clip has been seized on by Reform UK as evidence that Mr Jenrick “boasted” about how many migrant hotels he had opened.
That’s a potentially damaging accusation, given the now shadow justice secretary recently joined protests outside a migrant hotel in Essex.
Mr Jenrick responded by accusing Reform of posting a “selectively clipped” video that didn’t include the context about the Kent processing centre.
To an extent, he has a point.
Image: Nigel Farage’s party has posted clips of Mr Jenrick speaking from 2022
Pic: PA
At the time, the government was fighting accusations that they were risking an expensive court action from migrants claiming they were being detained unlawfully.
The minister’s response was to point out that they were sourcing alternative options to make sure this didn’t happen and to prevent order breaking down in Kent.
Mr Jenrick has also pointed to other comments he made at the time saying, “it is essential we exit the hotels altogether” and describing the expensive hotel bill as “disgraceful”.
But that’s not to say Robert Jenrick hasn’t undergone quite a pronounced shift in both language and substance when it comes to migration.
Image: Mr Jenrick has accused Zia Yusuf of “pushing false and petty crap”
Pic: PA
For instance, in the same Sky News interview in 2022, he said: “I would never demonise people coming to this country in pursuit of a better life. And I understand and appreciate our obligation to refugees.”
At the time, this wasn’t a surprising view from a minister commonly considered to be in the centre of the Tory party.
But Mr Jenrick’s time as immigration minister saw him move further to the right.
As he has since said himself: “I could see the breakdown of the British state was doing immense damage. It angered me, and it motivated me to do absolutely everything to fix the problem.”
The following months saw Mr Jenrick significantly harden his position, to the point that he resigned over the government’s approach.
But the bigger contradiction Reform is trying to get at by picking this fight is around the Tory record.
It is a fact that the use of hotels to house asylum seekers peaked at just over 55,000 while the Conservatives were in power.
Similarly, it’s a fact that legal migration reached record levels on the Tories watch.
Mr Jenrick can fairly claim that – in the final year of his front-bench career – he did go further than most to try to change this.
But he can’t change the data from the time.
Reform knows that – just as it also knows the Tory record on migration is one of the big pull factors bringing their voters over to them.
A former Church of England priest who ran a rave-inspired “cult” group has been found guilty of indecently assaulting nine women.
Chris Brain, 68, led the Nine O’Clock Service (NOS) in the 1980s and 1990s in Sheffield, with services aimed at 18 to 30-year-olds featuring multimedia, scantily-dressed women, and a live band.
The movement was initially seen by the church as a “ground-breaking” success story and attracted between 500 to 600 people to worship at 9pm on Sundays after NOS moved from St Thomas Church to The Rotunda in Ponds Forge.
Brain, from Wilmslow, Cheshire, denied committing sexual offences against 13 women, including one count of rape and 36 counts of indecent assault between 1981 and 1995.
Today he was found guilty of 17 counts of indecent assault relating to nine women and acquitted of 15 similar charges.
The jury is still deliberating on five outstanding counts, including the rape charge.
Image: Brain led NOS. Pic: BBC/EVRYMAN/BREACH OF FAITH
Inner London Crown Court heard Brain’s ordination was “fast-tracked”, including claims he cheated in his exams, and he wore the same cassock as Robert De Niro in The Mission for the ceremony in 1991.
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But prosecutors said NOS became a “closed and controlled group”, in which Brain “dominated and abused his position” to sexually assault a “staggering number of women from his congregation”.
Image: NOS started at St Thomas Church in Sheffield
NOS collapsed in 1994 after women made allegations about Brain, who resigned from his holy orders in 1995 amid “enormous media interest”, the court heard.
Image: Brain was accused of one count of rape and 36 counts of indecent assault between 1981 and 1995. Pic: Elizabeth Cook/PA
‘Allegations destroyed my life’
Giving evidence, Brain admitted receiving back massages from some NOS members, which he said started as a way to relieve tension headaches, but would “very rarely” lead to sexual activity.
“With some of my closest friends, it would be kissing sometimes, occasionally massaging, stroking. Anything more than that, we would back off,” he said.
He told the jury any touching was done with “100%” consent, and he would’ve “instantly stopped” if anyone had indicated they were uncomfortable.
Brain said the allegations had “basically destroyed my life” and suggested the women had “to exaggerate these things to make it either sexual or controlling” in order “to make a criminal case”.
Brain said he became involved in the dotcom boom in the late 1990s before setting up a business helping smaller firms transition into big companies, which folded once he was charged.