Police officer's son misled into accepting sanction, review finds

A West Midlands Police investigation revealed that the son of a former police officer was wrongly led to accept a community resolution for a violent incident. Theo Rose had reported to the police that he was the victim of an assault at school.

The Office of the West Midlands Police and Crime Commissioner (OPCC) expressed concern that the teenager might have agreed to the resolution under false pretenses, even if unintended, and was misinformed about the potential consequences.

The force rescinded the community resolution in February and issued an apology to Theo the following month, according to a letter seen by the BBC. Theo initially reported the incident to the Halesowen police station in December 2023, stating that he had been attacked twice by a fellow student at his sixth form college.

Theo, then 18, said he was advised to report the assault by a lecturer who witnessed it. He told officers he had been kicked and punched. In February, police asked him to return to the station. According to the OPCC report, during that interview, Theo was misled into accepting a community resolution for affray – the use or threatening of unlawful violence.

Theo said he realized the potential unfairness of the situation and the possible impact of the sanction on his future job prospects only after speaking with his parents. "I was quite fearful for my future," said Theo, who is from Halesowen.

His father, Rod Rose, who was a serving detective chief inspector with the force at the time, assisted Theo in filing a complaint with the police professional standards department. That investigation determined that officers had told the teenager there was "overwhelming and contradictory evidence" against him. Further review by the OPCC included bodycam footage showing Theo stating, "I didn't use or threaten violence towards [the other teenager]." It also found that the most relevant witness statement supported Theo's account.

Theo, now 19, told the BBC he didn't understand what affray meant and had asked the handling officer to explain it. "He explained it to me and I still didn't really understand," he said.

According to the professional standards department, officers later reclassified the affray as two assaults – one with Theo as the victim and one as the offender – which he did not know and had not admitted to. The OPCC questioned whether Theo would have been entitled to use "reasonable force" to defend himself.

The OPCC report stated concern that the document may have been signed under false pretenses, even if unintended. It said that Mr. Rose appeared to have agreed to a resolution for one crime but it turned out to be another. Community resolution orders allow police to handle low-level offenses outside of the court system.

These resolutions are generally for first-time offenders, but guidelines require a clear admission of guilt and agreement from the victim. While they do not appear on a criminal record, they do show up on enhanced Disclosure and Barring Service (DBS) checks, which are required for certain jobs and can affect career options. The OPCC report stated that officers misinformed Theo about the consequences of accepting the sanction. Theo told the BBC that he asked for assurance several times and only accepted it because he feared being taken to court. "That was the only reason why I was more than happy to accept a community resolution," Theo said.

Mr. Rose, now retired, was working at Halesowen station at the time and had previously worked in the out-of-court disposals department that handled community resolutions. He realized officers had not followed procedure in Theo's case. "My first words were, what have you admitted to Theo? And he said, 'uh, I don't know'," said Mr. Rose. "I was angry because it seemed like they [had] interviewed [Theo] without letting him know they [were] interviewing him and not giving him an opportunity to seek advice."

Following the investigation and OPCC review, which made recommendations, WMP rescinded the community resolution, acknowledging that "it would appear on review you [Theo] did not take responsibility for the offence of affray or assault." Theo said that "no justice has been served" because his original complaint as a victim of assault had not been resolved.

"My trust in the police has just been diminished," said Mr. Rose. He added that he was "disheartened" by Theo's experience and that it was the first time in his 30-year career he had "seen this side of policing." "It's going to take a lot for Theo to have any sort of trust and confidence back in the police. And if he doesn't, he's going to tell his children, don't trust the police because of my experiences."

Two days before his retirement last year, Mr. Rose was served gross misconduct papers by the force, the timing of which he described as "malicious." The allegation was that he abused his role over Theo's sanction, but the force's professional standards department found there was no case to answer in January. "I was just a parent supporting and defending my son," he said.

The force did not comment on Mr. Rose's claims about the timing of the misconduct allegations when asked by the BBC. A police spokesperson stated that community resolutions enable officers to make proportionate decisions about how to deal with lower-level crime, but interventions agreed within them are voluntary and not legally enforceable.

The spokesperson added that as it is an informal disposal which does not create a formal criminal record, they would not confirm the details of any person issued with a community resolution. They also stated that, as with all disposal types, it is occasionally appropriate that decisions can be reviewed, and where necessary rescinded.

WMP issued 8,280 community resolutions in 2024, accounting for 77% of total out-of-court disposals – a 163% increase from 2019, when they accounted for only 47%. National statistics from the Ministry of Justice for that year showed 164,000 community resolutions were issued, also accounting for 77% of total out-of-court disposals – a 56% increase on five years ago.

In response to a Freedom of Information request, the BBC asked WMP and other Midlands forces how many complaints they had received regarding community resolutions and how many had been rescinded. They said neither dataset was held in a retrievable way.

The National Police Chiefs' Council stated that out-of-court resolutions were a "highly effective" way of delivering justice. Its deputy assistant commissioner, Dr. Alison Heydari, added that they regularly review the use of community resolutions and over the next few months will be updating their guidance to reflect several recent and forthcoming significant reports.

WMP was placed in special measures by His Majesty's Inspectorate of Constabulary and Fire & Rescue Services in November 2023 for four points, including "failure to carry out effective investigations leading to satisfactory results for victims." It came out of special measures in September.