Former Lincolnshire Police inspector would have been dismissed over use of force

A former Lincolnshire Police officer would have been dismissed if still serving for his use of force on a man at a roadside following an apparent road rage incident.

The Independent Office for Police Conduct (IOPC) reviewed how the force handled a complaint from the man following the altercation with then Inspector Jonathan Mellor at the side of the A46 near Aubourn on 26 May 2021.

A police disciplinary panel, overseen by an independent legally qualified Chair, heard allegations that during the incident Inspector Mellor, who was on duty, used unnecessary and excessive force including striking the man in the face, stamping on his foot and restraining him on the ground. It was alleged that his conduct was abusive and threatening towards the man after they had both stopped their vehicles at a slip-road.

The panel yesterday (Wednesday) concluded that allegations of excessive force and discreditable conduct were proven at gross misconduct level and determined the officer would have been dismissed, had he still been serving.

The force's investigation into the man's complaint originally concluded in March 2022 that the officer had a disciplinary case to answer for gross misconduct. But after Inspector Mellor was acquitted of assault at Nottingham Magistrates' Court in May 2022, Lincolnshire Police decided not to bring any disciplinary proceedings. Inspector Mellor retired from the force in July 2022.

In August 2022 the man injured in the incident asked the IOPC to review the outcome of the Lincolnshire Police complaint investigation. The threshold for a disciplinary case to answer is different to and lower than in criminal proceedings. As part of the review, we assessed relevant documentation including the police investigator's report, along with mobile phone footage.

IOPC Head of National Operations Sunny Bhalla said: "The review process is an important part of the police complaints system that provides independent oversight. We carried out a review of the force's handling of the complaint and felt that the outcome wasn't reasonable as we believed the officer should have faced a gross misconduct hearing.

"We came to the opinion that the officer's use of force and conduct that day may not have been justified and in accordance with police policies and guidance. Ultimately it was for the disciplinary panel to decide whether or not any allegations were proven. The panel has now found that the officer breached standards of professional behaviour for use of force and discreditable conduct that evening."

In our review decision, we concluded that Inspector Mellor behaved in a manner that appeared to be confrontational and hostile from the outset. The man offered minimal resistance and can be seen to make attempts to retreat from the officer during the incident. The evidence indicated the officer continuously displayed an intimidating and aggressive manner throughout the encounter.

• Lincolnshire Police
• Use of force and armed policing