A NEW report says police officers should not restrain people in custody with suspected mental health problems after the death of a Yeovil man.  

The Independent Police Complaints Commission (IPCC) has today released a report making national recommendations about the police service response to people in mental health crisis.

The Six Missed Chances report looks at how a different approach could have been taken prior to the death of 25-year-old James Herbert at Yeovil Police Station Custody Unit in June 2010.

Mr Herbert died in custody in June 2010 after being held under the Mental Health Act having taken "legal high" NRG-1.

The 25-year-old, who started smoking cannabis as a teenager and also took cocaine, ketamine, ecstasy and LSD, was later seen acting strangely on the Bath Road in Wells, Somerset.

He was restrained by officers from Avon and Somerset Police and placed in the back of a patrol van.

Mr Herbert was driven more than 27 miles to Yeovil police station before being carried on a blanket into a cell, where he was left on the floor naked.

The data recovery engineer, from Wells, was later found to be unresponsive and was taken to Yeovil District Hospital by ambulance where he was declared dead having suffered a cardiac arrest.

Mr Herbert's death has been the subject of two investigations and an inquest, held in 2013, which found he died from "cardio-respiratory arrest in a man intoxicated by synthetic cathinones causing acute disturbance following restraint and struggle against restraint".

The IPCC investigation recommended Temporary Inspector Justin French, who was on duty at Yeovil police station at the time, should face disciplinary proceedings but earlier this month a misconduct panel dismissed allegations he had lied at Mr Herbert's inquest.

The Crown Prosecution Service decided no criminal charges would be brought against any police officer or the Avon and Somerset force in connection with Mr Herbert's death or the evidence given at the inquest.

Sue Mountstevens, police and crime commissioner for Avon and Somerset Police said she is 'reassured' that changes have been made to the way police respond to people with mental health problems.

 “My first thoughts are with the family of James Herbert who lost their son and then had to wait almost seven years for answers. This is far too long," she said.  “It is clear there were missed opportunities in the way the police dealt with James on that day.

"I am reassured that there has been fundamental and wide-reaching changes in the way the police respond to people experiencing mental health crisis.

"The police service nationally has learnt a great deal over the past seven years from this and other cases, however each death is an individual tragedy.

“I will continue to play a leading role in the review of Section 136 detentions to help minimise the need for these detentions and ensure people are getting the help they need within the health and social care setting. This is a challenge for policing, but it is also a challenge for the other services that need to be properly resourced to provide support and alternatives to police custody.

“It is vital that lessons are learned and a similar tragedy is prevented from happening again. It is of course important for bereaved families, local people, and for the police themselves that deaths in custody are independently investigated however it is not acceptable that it should take this long and all those involved should reflect on the additional suffering the delay has caused the family and officers’ involved in this tragic case.

“The impact on the officers, their colleagues and their families throughout this time cannot be underestimated and what happened that day has undoubtedly severely affected them all. These individuals were trying to do their best in difficult circumstances and should not have had to wait under such strain for such a length of time.”

Six Missed Chances looks at what could have happened, focusing on the missed opportunities and the unintended consequences and has made a series of recommendations to the National Police Chiefs' Council and College of Policing.

They are:  Police officers responding to an incident involving someone with mental health problems should prioritise the welfare and safety of all those involved, including the patient.

Officers should be effectively trained in verbal de-escalation as the default response to any incident involving someone with mental health problems.

Officers should be trained to use containment rather than restraint when dealing with anyone who has, or appears to have, mental health problems.

 Each local force should ensure that it has in place robust, effective and relevant local protocols that support police officers in the discharge of their duties, backed by effective working relationships with other agencies on how to respond to incidents involving someone with mental health problems.

 Forces should develop clear processes for the recording and sharing of information about individuals who are known to, or are suspected to have mental health problems.

IPCC deputy chairman Rachel Cerfontyne said: "Whilst it is not possible to say what would have happened if the missed opportunities had been taken, it is clear the outcome could have been very different.

"In common with many other bereaved parents I have met in my role, James' parents hold a fervent wish to see something positive come out of their loss.

"They want the knowledge that their son's suffering was not entirely in vain, and that lessons can be learnt from James' story which will reduce the chances of other vulnerable people dying in similar circumstances.

"The welfare and safety of all those involved in an incident where someone is suffering from mental illness need to become the paramount consideration for police officers.

"While it is reassuring to see the significant changes Avon and Somerset Constabulary has made in its response to mental health issues in the last four years, such changes are not universal."