Family of James Herbert, who died in 2010, say Avon and Somerset police must be open about mistakes as misconduct hearing nears conclusion

The father of a man with mental health problems who died after he was restrained by police, caged in a van and left naked in a cell, has said vulnerable people are still at risk because lessons from such tragedies are not being learned.

James Herbert’s family have battled for seven years to find out what happened to the 25-year-old after he was detained under the Mental Health Act, but they claim the “defensive” approach of the police force involved, Avon and Somerset, means they still have not got a full picture.



Tony Herbert, James’s father, told the Guardian he believed people would continue to die unnecessarily in police custody until forces became more open about mistakes.

“I would think after seven years we would have the truth. We deserve the truth and could have been given it but I don’t think we’ll ever know exactly what happened to James. That’s very hard to take,” he said.

Herbert spoke out at the conclusion of a misconduct hearing focusing on the actions of the duty inspector in charge when James arrived at Yeovil police station in Somerset. Justin French, who had been accused of lying about James’s behaviour before his death, was cleared of gross misconduct by a panel on Wednesday.

Facebook Twitter Pinterest James Herbert. Photograph: PA

As well as the misconduct hearing, there has been an inquest into James’s death and two investigations by the Independent Police Complaints Commission (IPCC).

But Herbert said none of the inquiries had unearthed the full truth. “My anger is not so much at the police officers directly involved as I believe they had no malicious intent. It is directed at the police force’s extremely defensive response and the failure of the investigations into James’s death to give us what we need and deserve – the truth.

“The fact there have been so many deaths in police custody and not a single successful prosecution shows that the investigation system is flawed and the criminal justice system is utterly ineffective in this area.

“I believe this lack of accountability causes a lack of learning. It means in five years’ time there will still be people dying in police custody because the learning doesn’t happen. That’s the big crime.”

Herbert’s warning comes days after the Guardian revealed that an unpublished report on deaths in police custody ordered by Theresa May calls for far-reaching reforms on how people with mental health difficulties are dealt with.



It demands a review of how people detained are restrained and says those with mental health issues should not be placed in police cells. The report also raises concerns about officers conferring with their colleagues after deaths in custody.

The James Herbert case is being used as a case study by the IPCC in a report due to be published this month called Six Missed Chances. It will contain a series of recommendations on how police should respond to incidents involving people with mental health problems.

Herbert said James, a data recovery engineer, was very intelligent and loved to talk about the nature of humankind. “He was gentle and peaceful. When he was in his late teens and early 20s he started to used a lot of recreational drugs. I don’t know if those led to his mental health issues but he began to believe he was under psychic attack from people. It made him paranoid.”



Families of people who died in police custody failed by system – report Read more

James refused mainstream medical help and in the last months of his life began to use novel psychoactive substances, then known as legal highs. He took the death of a grandmother very badly. “He seemed to give up. He wasn’t sleeping or eating well,” his father said.

At 7pm on 10 June 2010 he was spotted running in and out of traffic in Wells, Somerset. A police constable, Kevin Stoodley, was called to the scene. “Less than a minute after he [Stoodley] arrived, James was on his back on a grass verge,” said Herbert. James was detained under the Mental Health Act. He was handcuffed behind his back and restraints were applied to his ankles and knees.

“James was suffering from a psychotic episode when he was restrained,” said Herbert. “I can’t bear to think how terrified and bewildered he must have been. He would have had no idea why he was being restrained.”

While he was being placed in a cage in the back of a police van, James’s mother, Barbara Montgomery, appeared. “She pleaded that he should be taken to hospital,” said Herbert. “She asked if she could travel in the van. That was refused.”

Though it was a warm summer evening, James was wearing a heavy winter coat during the course of the 30-mile, 40-minute journey to Yeovil police station. James was unresponsive when the van arrived and was carried into the station face down on a blanket. The restraints were removed an hour and 10 minutes after they had been applied. He was stripped naked and left in the cell, still face down.

When he remained motionless an ambulance was called. He was declared dead at Yeovil hospital at 9.20pm.

An inquest jury decided he had died of a cardiac arrest after taking a legal high but flagged up concerns about how James had been dealt with by the police.

Herbert believes if Stoodley had tried to “de-escalate” the situation his son might still be alive.

“It’s heartbreaking. If PC Stoodley had said: ‘What’s the matter James? Come off the road, we’ll get your mum,’ I think that would have calmed the situation. James was known to the police. Sometimes he would shout in the street. If spoken to he would calm down quickly and he was contrite afterwards.

“Police should treat people in that sort of situation in the same way as they treat someone trying to commit suicide. Talk to them – the police are good at that – don’t be trigger happy. But James was on the ground 54 seconds after Stoodley arrived.”

Both Stoodley and a second officer who was in the van, PC Paul Lomas, later claimed that James was aggressive as he was driven to Yeovil.



Herbert does not believe this is true and does not think his son was properly monitored in the van. “It was shocking that he was so heavily restrained. It haunted me for a very long time. It’s difficult to be violent when you’re trussed up like a chicken. If he was banging his head it could have been for attention. If he was shouting it could have been for help. James was not a violent person. We do not believe James was shouting or screaming or banging in the van.”

Both Stoodley and Lomas have since died. Herbert believes that had Avon and Somerset police interrogated them properly shortly after James’s death the truth would have emerged. “Instead an arm is placed around them and someone tells them they are good old boys, part of the police family.”

Herbert claims forces are too defensive and go into a “state of denial” after such an incident.

Two years after James’s death, Thomas Orchard, a church caretaker with mental health problems, died 50 miles away in Exeter after Devon and Cornwall police placed a heavy webbing belt around his face.



“Had the lessons being learned in Wells in 2010 then perhaps Thomas Orchard wouldn’t have died in 2012. If the police weren’t so defensive we would get to the truth.”

For the first time a few days ago Herbert, who owns a printing company, followed the route of his son’s final journey and stood in the yard of Yeovil police station.

“What happened is devastating. James was our only child. We didn’t think Barbara would come through it. I really miss James, I miss our conversations. I miss going to West Ham [football club] with him. He was a delightful companion as well as being my son.”

Avon and Somerset police apologised on Wednesday for how it had dealt with James.

Assistant Chief Constable Nikki Watson said: “Our thoughts are very much with the family of James Herbert who’ve had to wait almost seven years for a conclusion to these proceedings.

“It’s clear there were missed opportunities in the way we dealt with James on that day and for that we’re extremely sorry.”

But she said the force had already made “fundamental and wide-reaching changes” in how it dealt with people experiencing mental health crisis and would continue to try to improve. She listed 10 changes the force had made.

After his death an astrologer friend told James’s mother that she had a notion that he had died for a common good, to benefit others. “My initial reaction was: ‘What a load of bollocks,’” said Herbert.

“Then I thought, actually I can make that happen, I can give him a legacy.” Herbert has worked with the charity Inquest, which supports families whose loved ones have died in custody, and with the IPCC on the Six Missed Chances report.

He said: “I hope we can help stop what happened to James happening to others – or at least give them the chance to learn the truth if the worst does happen.”