Powell family makes Rule 43 Recommendations


from Mikey Powell Campaign for Justice
published: 2nd January 2010

The following are the recommendations under Rule 43 * put to the Coroner by the family’s legal representatives following the jury verdict on 18th December 2009. These recommendations are compiled not only in relation to Mikey’s case but to other similar cases both in the West Midlands region and nationally.

* About Rule 43

Under Rule 43 of the Coroners Rules (as amended with effect from 17 July 2008) Where:

  1. a coroner is holding an inquest into a person’s death;
  2. the evidence gives rise to a concern that circumstances creating a risk of other deaths will occur, or will continue to exist, in the future; and
  3. in the coroner’s opinion, action should be taken to prevent the occurrence or continuation of such circumstances, or to eliminate or reduce the risk of death created by such circumstances

The coroner may report the circumstances to a person who the coroner believes may have power to take such action”.

Although the Independent Police Complaints Commission (IPCC) has made a range of recommendations in this case, to which West Midlands Police have responded, the family submits that the following issues which have emerged in the inquest proceedings would properly form the basis of a Rule 43 report by the Coroner.

(i) Communication

3. The evidence has shown that the family members were not asked for any information about Mikey’s health or background until after the police van had left, and Inspector Guest spoke to them in the family home.

4. The family feels that they were not listened to adequately or at all during events at their home in Wilton Street, and that had they been involved, they would have been able to work with the police, and that this would have led to a more positive outcome. They consider that one reason for this was their race.

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