IOPC to re-investigate death of Lewis Skelton after family Judicial Review

Today, the Independent Office for Police Conduct (“IOPC”) announced that it is to re-investigate the police shooting of Lewis Skelton.  This follows nearly eight years of campaigning by his family for accountability for his death.

Lewis died on 29 November 2016 after he was shot twice in the back by an armed officer known as B50.   In 2017, the Independent Police Complaints Commission (“IPCC”) concluded there was no indication of any criminal offence or any behaviour requiring disciplinary procedures.  

Lewis had a long history of mental health problems and had been spotted on the streets of Hull carrying a small hand axe.  Officers attending were instructed that he had not threatened anyone.  After he was tasered 4 times; B50 fired the lethal shots.

On 15 October 2021, an inquest jury concluded Lewis had been unlawfully killed.  B50 then sought to challenge that conclusion in the Divisional Court, unsuccessfully.  Lord Justice Stuart-Smith and Mr Justice Fordham confirmed in January 2023 that there was sufficient evidence on which the jury could reach that conclusion (R (on the application of Officer B50) v. HM Coroner for the East Riding of Yorkshire and Kingston-Upon-Hull [2023] EWHC 81 (Admin)).

The IOPC was asked by the Skelton family to re-investigate the matter.  Despite concluding that there were flaws in the original IPCC investigation, in November 2022, the IOPC went on to determine that there was no compelling reason to re-investigate (pursuant to s13B Police Reform Act 2002).  

Earlier this year, Lewis’s family successfully challenged that decision in the High Court.  In April, Mrs Justice Hill said of the material flaws in the original IPCC investigation: “The effect of both the flaws was, potentially, that the investigator had been working on the basis that Mr Skelton posed a greater threat than was justified: if he was not in fact running, and had not in fact engaged in earlier threatening behaviour, it was reasonable to regard him as of less of a risk than if he had in fact done either of things” [183].  She added: “it must follow that if the flaws had not occurred, the decisions taken in the investigation might have been different.”  [184] (R (Glenn Skelton) v Director General of the IOPC and (1) Officer B50 and (2) The Chief Constable of Humberside Police [2024] EWHC 983 (Admin)).

The IOPC accepted the decision of Mrs Justice Hill and did not pursue any appeal.  

Announcing the re-investigation today, the IOPC Regional Director indicated that the organisation would be reviewing its re-investigations policy “to ensure it more accurately reflects the original intent behind it”.  She expressed an appreciation that the decision would be “concerning for many of the armed officers who put their own safety at risk to protect the public”.  She continued: “it benefits nobody to have key questions unanswered so long after Mr Skelton’s death.”  The IOPC stressed that any investigation now would be independent.  

Tim Moloney KC and Angela Patrick, instructed by Hudgell Solicitors, represented the Skelton family at the six week Inquest into his death and throughout the subsequent judicial review proceedings.  They continue to represent the family.

The IOPC statement is available here.

A statement issued by the Skelton family is available on the Hudgell Solicitors website, here.

Media coverage of the inquest and the subsequent judicial review is available online, including on the BBC, ITV, in the Yorkshire Post and the Hull Daily Mail.

Media coverage of today’s announcement can be found at: BBC.

(Lewis Skelton with his sisters)