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EHRC warns police forces of legal action over use of stop and search

Summary: The Commission wrote to Thames Valley Police and Leicestershire Constabulary on Monday 29 November 2010, warning them of possible enforcement action regarding their disproportionate use of stop and search powers.

This follows the publication earlier this year of the Commission’s report, Stop and Think, which found that some police forces are using stop and search powers in a way that is disproportionate and possibly discriminatory.

Thames Valley Police and Leicestershire Constabulary were among five police forces contacted by the Commission in May 2010, having demonstrated significant and persistent race differences in their use of stop and search.  The Commission requested detailed information from these forces on their use of stop and search.

The three other police forces contacted were the Metropolitan Police, Dorset Police and the West Midlands Police. 

The Metropolitan Police and Dorset Police have since embarked on the National Police Improvement Agency’s ‘Next Steps’ programme, designed to help overcome any potential discriminatory stop and search actions.  However, the Commission continues to have concerns over their use of stop and search and will monitor the situation. 

The Commission will be seeking additional information from the West Midlands Police before deciding on what further steps are necessary.

Leicestershire Constabulary and Thames Valley Police were identified for further enforcement action now because neither force was able to adequately justify and evidence the disproportionate use of their stop and search tactics.  

The Commission's comprehensive review of the use of stop and search powers across England and Wales over the past 10 years showed black people are still at least six times as likely to be stopped and searched compared to white people. Asians are around twice as likely to be stopped and searched compared to white people.

John Wadham, Legal Director at the Equality and Human Rights Commission said: 

'Stop and search needs to be used fairly.  The evidence is that it isn’t and the Commission is acting to try to change this.'

The Commission has various powers it can exercise under the Equality Act 2006 in order to enforce equality and human rights legislation. The use of stop and search by police forces will continue to be monitored, and if necessary, the Commission will seek additional information with a view to taking further action.

Source: EHRC

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