Smith failed to consider leaving the 92-year-old in his room to calm down, the panel found, plus the use of Pava, a type of pepper spray, was deemed unreasonable in the circumstances.
There was “limited mitigation” for this behaviour, it said.
The panel also said Smith’s tone and language towards Burgess was “dismissive in nature”, while Comotto was “antagonistic”.
Comotto’s statements – such as “last chance” or “seriously” – and giving Burgess limited time to respond, were found to be inappropriate.
The panel found her use of force to be unreasonable.
Assistant Chief Constable Peter Gardner said Burgess was in his own room, isolated from residents and posed no risk.
More information should have been ascertained from care home staff, he said.
Gardner added that Smith had shown a lack of remorse and insight into the inappropriateness of his actions, and the panel remained concerned by his evidence which stated he would not do anything differently.
While noting Comotto’s remorse and evidence that she would act differently, Gardner said the reputation of the police service, along with public confidence in it, must be upheld.


