Family of assault victim supports IPCC recommendations
08/10/2010
The family of an assault victim, who was left without medical attention for eleven hours by South Yorkshire Police, despite suffering from a serious brain injury, has called for lessons to be learned.
Dean Hutton, 23, from Wath-Upon-Dearne in South Yorkshire, sustained a serious brain injury during an assault in which he was hit over the head with a scaffolding pole. He was taken to Rotherham Main Street Police Station, where he was left without medical attention for 11 hours.
An investigation by the Independent Police Complaints Commission (IPCC) found significant failings in the procedures employed at Rotherham Main Street Police Station, which included a failure on the part of the custody sergeant to complete an adequate risk assessment, failing to visit each of the detainees before ending his shift and a shift handover process that was not in line with national police guidelines.
The IPCC has made recommendations that police officers are provided with more information about head injuries, which are being supported by the family and their solicitor from Irwin Mitchell.
Stacy Gee, a specialist brain injury solicitor at Irwin Mitchell, said: "Although Mr Hutton was assessed by a paramedic at the scene of the assault, the station's custody sergeant failed to take on board advice that he had suffered a head injury and did not seek further medical help when Mr Hutton's condition deteriorated, wrongly assuming he was drunk.
"It was only 11 hours later, when he was struggling to breathe and had blood around his mouth that officers acted, rushing him to Rotherham District General hospital.
"He was immediately transferred to Royal Hallamshire Hospital where he underwent an emergency craniotomy but, despite receiving treatment at Oakwood Centre for Rehabilitation Medicine in Rotherham until March 2010, he still suffers from ongoing physical, cognitive and behavioural difficulties."
Dean's attackers, brothers Brett and James Garbutt, were found guilty of grievous bodily harm with intent for their part in the incident, which took place in Masbrough on 8 August 2009. They attended Sheffield Crown Court, where they were sentenced to seven years, five months and five years imprisonment respectively.
Irwin Mitchell is now investigating whether the delay in Dean receiving treatment caused him to suffer more damage than he would otherwise have done, in order to provide for the care and rehabilitation he now needs.
Stacy Gee added: "Had the police taken note of the fact that Mr Hutton had suffered a head injury and consequently recognised the symptoms he showed through the night, he would have received medical attention much sooner.
"This case demonstrates the importance of the recommendations made by the IPCC and we hope that lessons will not only be learned, but shared nationally to prevent anyone else suffering from a similar set of failures in the future."
Roy Hutton, Dean’s father, said: "Before his brain injury, Dean was completely independent but now needs our help with almost everything he does.
"We are angry that Dean’s injury was not spotted by police officers sooner, and hope that the changes recommended by the IPCC are taken on board so that nothing like this ever happens again."
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