The actions of armed police who surrounded and arrested a 13-year-old black boy after an officer mistook his water pistol for a real gun were ‘reasonable in the circumstances’, the Independent Office For Police Conduct has said.
The investigation found that there was no evidence the child was treated differently due to his ethnicity during the incident in Buxted Road, Hackney, on July 19, 2023.
The incident was sparked after an officer on patrol reported a potential firearms incident, but the boy, known as Child X, was de-arrested when the nature of the ‘weapons’, which were blue and pink in colour, became clear.
Met officer reported that they had seen a man on a bicycle pull out what appeared to be a handgun pointing it at a passing woman before leaving the area.
He described the firearm as ‘blue and white’ and ‘shaped like a glock’ and described the man as being approximately 16 years old.
The (IOPC) said it investigated allegations of ‘adultification and discrimination’ by police officers against the black child.
IOPC regional director Charmaine Arbouin said: ‘We know that this incident was distressing to the child involved and his family.
‘Being arrested, handcuffed and searched by armed officers would have been a frightening experience for anyone, let alone a 13-year-old. We note the Met Police has apologised to the boy’s family for the distress caused.
This is the type of water pistol that the youngster – known as Child X – was playing with as he was rammed off of his bicycle by the Metropolitan Police
Lee Jasper (second from right), chair of the Alliance for Police Accountability, said ‘immediate reforms to safeguard’ children is needed
The mother of the youngster said previously the Met Police had treated both her and her son ‘with contempt’ after she confronted police about what they had done
‘Police officers have a duty to protect the public from harm and the evidence from our investigation supported the first officer’s belief that he thought he may have seen a real firearm.
‘The decision to send armed officers to the scene following the report of a firearm was in line with guidance and based on the evidence we obtained we found no indication that any officers behaved in a manner that would justify bringing disciplinary proceedings.’
The mother of Child X said that the incident would not have occurred if her son had been ‘a white 13-year-old boy’ and described the IOPC investigation as ‘extremely disappointing’.
In a statement released through lawyers, the mother said: ‘From the very day of this horrific incident, it was clear to me that the police would not have treated my son in the way that they did if he had been a white 13-year-old boy.
‘From the outset, I made it clear that I expected any investigation into the incident to look at the very obvious role that my son’s race played in the way in which he was treated by the police.
‘Unfortunately, the IOPC have shown themselves to be completely incapable of understanding what race discrimination is and how it actually operates in the way that black children are treated by the police.
‘The outcome of their investigation is consistent with my experience of the IOPC throughout my dealings with them. At first, they didn’t want to investigate my concerns at all.
‘They only agreed to investigate after they were publicly embarrassed in the media and had to respond to the widespread support my family has received in the local community and from parents around the country.
‘Even then, it seems the IOPC have simply gone through the motions of an investigation, with the inevitable outcome they have now presented to me. Their unwillingness to do their job has been extremely disappointing, and it does nothing to inspire any confidence in them or in the police.’
In a written statement, Detective Chief Superintendent James Conway, who runs policing for Hackney and Tower Hamlets, said: ‘The IOPC has carried out a thorough and detailed investigation, examining a range of evidence including body worn video and dash cam footage and consulting with an independent firearms expert.
Met officer reported that they had seen a man on a bicycle pull out what appeared to be a handgun and pointing it at a passing woman before leaving the area
A firearms expert from the National Crime Agency, stated that the water pistol had the general appearance of a self-loading pistol – similar to blank firers, which are available for retail purchase
An investigation by the Office For Police Conduct found no misconduct had been committed by the officers involved. Pictured: File photo
‘It has found officers acted correctly, both in deciding to send firearms officers to the scene and then how they dealt with the incident on arrival.
‘At the time there was very real concern a genuine firearm had been seen. Officers acted swiftly to deal with the potential threat, but then de-arrested the child as soon as it became clear he had been playing earlier with a water pistol.
‘This incident shows just how difficult it can be to determine whether a firearm is real.
‘The public would not wish us to hesitate in responding and risk a genuine firearm being used on the streets of London. We have a duty to protect the public from harm.
‘I am pleased the IOPC has recognised this and the very difficult job our firearms officers do day in day out to keep London safe.
‘Nonetheless, this incident was understandably extremely distressing for the boy involved as well as his family and we remain sorry for the impact upon them.’
Campaign group the Alliance for Police Accountability, which supported the mother of the child, criticised the watchdog’s decision.
Its chairman, Lee Jasper said in a statement: ‘This case exemplifies the failure of both the Metropolitan Police and the IOPC to protect black children and hold officers accountable for the harm they cause.
‘A 13-year-old black boy playing with a water pistol was treated as an armed criminal, brutalised, and left traumatised.
‘The trauma inflicted on Child X and his family is part of a broader, systemic problem of institutional racism and adultification in policing. The Casey Review laid bare the institutional racism within the Metropolitan Police, but the IOPC continues to ignore this reality.
‘How many more black children must suffer similar trauma before we see real change.
‘We need immediate reforms to safeguard our children from these disproportionate and damaging interactions.
‘Black communities are simply expected to suffer the realities of disproportionate policing and are left alone to deal with the deep trauma that is a consequence of disproportionate use of force and the routine denials of racism. Enough is enough.’