A police sergeant has been cleared of misconduct after striking a man’s head against a patrol car in Oxford.

The incident initially occurred when a fracas broke out outside the Art Café in Queen Street at around 3am on January 22, 2022. 

Thames Valley Police PS Barber attended the incident involving a number of males fighting before he was supported by two other officers: PC Phillips and PC Godfrey.

Sgt Barber then took hold of one of the fighting men, referred to as Mr A, and put his arm on the upper torso/shoulder/neck area of Mr A forcing him backwards onto the floor.

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PS Barber with Mr A against the patrol car.PS Barber with Mr A against the patrol car. (Image: CPS)

Mr A ended up on his knees before Sgt Barber delivered a knee strike and push to force Mr A to the ground and, in the process, was pushed into the side of a police vehicle.

Sgt Barber was accused of using unnecessary, disproportionate and/or unreasonable force during the incident.

It was also claimed that his use of force on Mr A also breached the standards of professional behaviour and these breaches were so serious that they amounted to gross misconduct

Yet at a police misconduct trial on September 18, 2024, the panel found no misconduct or gross misconduct in Sgt Barber’s actions.

Concerning Mr A’s head striking the car, the panel said: “We find that in the course of performing the taught technique, PS BARBER was initially unsuccessful in placing Mr A on the floor where he could be safely restrained.

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PC Phillips fends off the defendant during the melee in Queen Street, Oxford.PC Phillips fends off the defendant during the melee in Queen Street, Oxford. (Image: CPS)

“We accept the agreed evidence that PS BARBER then performed a further taught technique delivering a knee strike.

“The panel find that PS BARBER’s intention in respect of the knee strike was to put Mr A off balance in order to be able to safely restrain him.

“The panel also accepts the agreed expert evidence that the knee strike appears to impact an area that is on the right-hand side of his back in the kidney/hip area and not into the spine.

“We accept the agreed expert evidence that Mr A is pushed forwards by PS BARBER and impacts with the police vehicle.

“We also find based on the agreement between the experts that it is difficult to ascertain which part of the body makes initial contact with the police car but it does include the left shoulder and chest area and not just the head.

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“PS Barber’s evidence that Mr A hitting the police car was an accidental consequence of pushing Mr A is accepted by the panel.

“This is supported by, and the panel accepts, the evidence of PC Mitchell that PS BARBER could have misjudged the proximity of Mr A to the police car."

After observing the evidence, the case was dismissed with Sgt Barber being cleared of any wrongdoing.

“The Panel do not find either Gross Misconduct or Misconduct,” read the final decision.

“The allegations are not proven.”

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