Thomas Orchard: Belt may have contributed to death – inquest jury

By John Ayres & Brodie Owen

BBC News, Exeter

An emergency response belt used to help restrain a mentally ill man after his arrest may have contributed to his death, an inquest jury has found.

The inquest into the death of Thomas Orchard, 32, concluded he died of a cardiac arrest and a brain injury in Exeter in 2012.

Mr Orchard’s family said officers “missed many opportunities to prevent his death”.

Devon and Cornwall Police issued an “unreserved apology” for its failings.

The jury found the use of the belt, used by officers to prevent people in custody from spitting and biting, was reasonable but its prolonged use may have contributed to his death.

Mr Orchard had paranoid schizophrenia but his life had improved through medication and after he became a Christian, the inquest at Devon County Hall in Exeter heard.

However, he became ill after he stopped taking his medication and was arrested after a disturbance in the city centre.

He died in hospital seven days after having the belt placed across his face.

He suffered a cardiac arrest at an Exeter police station and was found unconscious in a cell by officers.

The inquest heard the belt was placed around his head “without prior warning or explanation” after a “perceived attempt to bite”.

After the belt and restraints were removed, Mr Orchard was left alone in the locked cell where he appeared to lie motionless for 12 minutes before custody staff re-entered and commenced CPR.

In a narrative conclusion, jury members said the use of force by officers within the cell, other than the use of the belt, plus checks on Mr Orchard carried out by police staff after he was left in the cell were “reasonable”.

However, the jury also concluded the process was likely to have increased Mr Orchard’s stress levels and ability to breathe.

Mr Orchard’s mother Alison said she “tentatively welcomed” the jury’s conclusions, but added the family felt “Thomas was let down by those involved in his arrest and detention and they missed many opportunities to prevent his death”.

She said: “We have been troubled by the way the police have sought to defend their reputation rather than taking accountability for their actions.

“We therefore tentatively welcome the findings of the inquest today. However, we feel the jury could have gone further.”

Devon and Cornwall Police made a series of admissions to the inquest, including that the emergency belt had not been adequately considered or assessed for use as a spit or bite guard.

It said training had been “inadequate” and there had been a failure to identify the risk to breathing.

Acting Chief Constable Jim Colwell apologised for the force’s failings.

He said: “The record of inquest reflects that there were failings on the part of Devon and Cornwall Police, and those failings were also recognised by the force in formal admissions within this inquest.

“For those failings, I offer an unreserved apology.”

In 2018, Devon and Cornwall Police admitted breaking health and safety rules over the use of the restraint.

The force admitted the breach on the basis that there were failings on how officers were trained to use the belt.

However, it did not accept that the belt directly led to Mr Orchard’s death.

Mr Colwell said there had been advances in the training of staff since 2012.

He said it was “specifically in relation to mental health awareness training for staff, use of force training and ensuring our custody provision offers the required level of care needed by those we come into contact with, particularly the most vulnerable”.

He said: “We accept and respect the conclusions reached by the jury in this inquest. Their conclusions have provided answers to a number of long-standing questions.

“The inquest has been an important and long-awaited process for Thomas’s family and others.

“My thoughts are with the family, and also a number of colleagues who have had this matter at the forefront of their lives for over 11 years.”

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