Luke Flynn

PROFESSIONALISM HQ 

Mr Andrew Walker 
H M Coroner and Senior Coroner 
North London Coroner’s Court 
29 Wood Street 
High Barnet 
London EN5 4BE 

Deputy Assistant Commissioner 
New Scotland Yard 
Victoria Embankment 
London 
SW1A 2JL 

Email: 

                                                                                            Tel: 

                                                                                             Date: 9th August 2022 

Dear Mr Walker 

I am the Deputy Assistant Commissioner for Professionalism in the Metropolitan Police Service 
(MPS) and I am responding on behalf of the Commissioner of Police of the Metropolis to your 
Regulation 28 Report to Prevent Future Deaths, dated 22nd June 2022. Your report was sent 
following the conclusion of the inquest into the death of Mr Luke Anthony Flynn who sadly died 
on 17th July 2019.  

The MPS has acknowledged and reviewed your matter of concern and our response to this is 
as follows:  

That there is no MET Police policy covering the use of handcuffs when medical staff 
request their use with a patient in hospital for treatment with a medical condition rather 
than a mental health condition. 

In  order  to  provide  context  to  our  response,  the  event  leading  up  to  this  matter  of  concern 
followed a 999 call made on Saturday 13th July 2019 to Bilton Road, Perivale. Mr Flynn was 
described as being highly agitated, pushing people, screaming and throwing bottles. He was 
restrained  by  members  of  the  public  pending  police  and  ambulance  arrival.  Upon  their 
simultaneous arrival, police officers took over the restraint of Mr Flynn. At this time, Mr Flynn’s 
behaviour  remained  the  same,  preventing  an  initial  medical  assessment  by  the  LAS 
paramedics. Mr Flynn was handcuffed in the rear-stack position and this remained the case 
during transportation to hospital. Officers travelled in the rear of the ambulance to Northwick 
Park Hospital due to their ongoing safety concerns.  

Upon arrival, Mr Flynn was taken to Accident and Emergency Resuscitation. Again, due to his 
behavioural  presentation,  medical  treatment  was  hindered.  Medical  staff  relayed  their 
concerns to officers which resulted in Mr Flynn being handcuffed to a hospital bed which in 
turn enabled healthcare professionals to administer sedation.  Before officers left the hospital, 
the handcuffs were removed from Mr Flynn.  The officers have emphasised in evidence before 
yourself that the force used upon Mr Flynn was necessary to prevent harm to himself and to 
assist in medically treating him, at the request of medical professionals.    

Although Mr Flynn was detained, he was not under arrest. He was being provided with medical 
assistance and his mental capacity was in question. Officers have powers to use force under 
common law to preserve life and limb. Equally, the Mental Capacity Act 2005 permits the use 

 
 
 
 
 
 
                             
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
 
 
 
  
 
 
 
    
 
 
                                                                                                   
 
 
 
 
 
 of force to allow clinical personnel to provide medication to subjects in order to preserve life. 
This is of course underpinned by the right to life in accordance with Article 2 of the European 
Convention  of  Human  Rights.  Mr  Flynn  was  under  the  direct  supervision  of  clinicians  who 
asked officers to use handcuffs in order for life saving treatment to be administered.  

The officers’ decision to handcuff Mr Flynn remained with them to justify (this is supported by 
the literature previously provided to you in our solicitor’s e-mail dated 16th December 2021). 
This point is set out in the new Metropolitan Police Handcuff Policy (published in November 
2021).  Officers are expected to make their own assessment of the circumstances in which 
they  find  themselves,  and  on  that  basis  take  action  (or  inaction)  based  on  proportionality, 
necessity,  legality  and  ethics,  whilst  fully  justifying  their  decisions  in  writing  post  event. 
Although the policy does not specifically address the use of handcuffs in a healthcare setting 
for medical treatment, upon reviewing both the policy and the legal powers afforded to officers, 
both  are  sufficiently  robust  to  allow  officers  to  make  an  informed  decision  as  to  the  use  of 
handcuffs in any given setting.  

In  conclusion,  we  do  not  believe  that  a  change  in  the  Metropolitan  Police  Service  (MPS) 
Handcuff  Policy  addressing  the  very  specific  nature  of  this  case  would  be  appropriate. The 
policy requires officers to make decisions about the use of handcuffs in any given setting and 
to  justify  that  decision  subsequently,  including  for  the  purpose  of  any  associated  court 
proceedings, and I do not consider that it would be helpful to include the specific scenario of 
restraint in a healthcare setting or any other specific scenario.   

I  wish  to  express my  sincere  condolences to the family  and friends  of  Mr  Flynn.  I trust this 
provides the reassurance that the MPS has considered the matter of concern you have raised. 

Please do not hesitate in contacting me should you have any queries. 

Yours sincerely 

Deputy Assistant Commissioner