Notifiable Associations for Police Personnel Procedure ... · 3.3 “Notifiable” There is no...

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PD537 Notification Association for Police Personnel V2.5 July 2015

PD537 Notifiable Associations for Police Personnel – Procedure

Type of Document:

PROCEDURE

Version:

2.6

Registered Owner:

Head of the Professional Standards Directorate (PSD)

Author: Deputy Head of PSD – DCI ALLEN

Effective Date:

July 2018 Review Date: July 2019

Replaces document (if applicable)

N/A

Linked Documents:

Professional Standards Strategy Professional Standards Reporting Procedures College of Policing Vetting Code of Practice 2017 College of Policing Vetting APP 2017 NPIA Circular 01/2010 Eligibility criteria for the role of a police constable NPIA Circular (WSU)(SC)(07)1 Special Constables Eligibility Guidance Code of Ethics

Functional owner Deputy Head of PSD

Signed: Date: July 2018

Name: Michael ALLEN

Post: DCI – Head of Counter Corruption Unit

Authorised (Head of Department)

Signed: Date: July 2018

Name: Leona SCURR

Post: Detective Superintendent – Head of PSD




Table of Contents SECTION 1 VERSION CONTROL ........................................................................................ 2 SECTION 2 AIMS / OBJECTIVES ...................................................................................... 3

‘Police Personnel’ ............................................................................................................. 3 SECTION 3 PROCEDURE ................................................................................................. 3

DEFINITIONS .......................................................................................................................3 3.1 “Notifiable Association” ........................................................................................... 3 3.2 “Association” ........................................................................................................... 4 3.3 “Notifiable” .............................................................................................................. 4 3.4 “Group or Organisation” .............................................................................................. 6 3.5 “Compromise” ......................................................................................................... 6 3.6 Confidential reporting .............................................................................................. 7 3.7 Staff Associations and Trade Unions ...................................................................... 7

3.8 Occupational Health, Human Resource Teams, Vetting Unit, First Contact Officers ......................................................................................................................................7

RESPONSIBILITIES ......................................................................................................... 8 3.9 All Police Personnel ................................................................................................ 8 3.10 Procedural Guidelines - Personal Disclosure………………………………………. 8 3.11 Concerned Disclosure ......................................................................................... 10 3.12 Appeals .............................................................................................................. 11 3.13 Interdependencies with Vetting Status………………….…………………………...11

SECTION 4 LEGISLATIVE COMPLIANCE ...................................................................... 12

SECTION 1 VERSION CONTROL

Version No. Date Post Holder/Author

Post Reason for Issue

1.0 5/2/07 T/DCI WALKER HQ (PSD) IIU Consultation

2.0 8/2/07 T/DCI WALKER HQ (PSD) IIU Amended following consultation

2.1 1/11/07 D/I WALKER HQ (PSD) ACU Change of PSD terminology

2.2 16/11/07 D/I WALKER HQ (PSD) ACU Grammatical

2.3 21/05/09 DCI WILSON HQ (PSD) ACU Amended following consultation

2.4 30.12.11 J HAMMOND HQ (PSD) Amended following issue of HMIC Report ‘ Without fear or favour’

2.5 March 2015 J HAMMOND/ DI ALLISON

Head of V & IS DI CCU

3 year review – changes to 4.2, 4.3

2.6 July 2018 DCI ALLEN HQ(PSD)CCU Re-write of 3.10. 1 yr review as policy re-write within 12 mnth




2.7 July 2018 D/Supt Scurr Head of PSD Minor amendment to linked document list




SECTION 2 AIMS / OBJECTIVES Nottinghamshire Police expects and demands the highest levels of honesty and integrity from all of our staff. As public servants we are all expected to observe the highest standards of conduct, in both our private lives and our employment. It is essential that the community we police have confidence in our ability to discharge our duties with fairness and impartiality.

As such, there is a risk that notifiable associations could have a seriously detrimental effect not only on the integrity of the individual member of staff, but also on the overall integrity, operational effectiveness and reputation of Nottinghamshire Police.

We recognise that the vast majority of our staff behave honestly and with complete integrity. However, there is a risk of some police personnel associating with notifiable persons, groups or organisations and it is important that we all understand the rules to be observed to ensure that no doubt is cast on our integrity or the integrity of Nottinghamshire Police.

We also recognise that there will be associations which are unavoidable e.g. through marriage or family relationships and compliance with this policy will protect the integrity of staff who find themselves in this position.

This document sets out the procedural guidelines for implementing the Nottinghamshire Police ‘Notifiable Associations’ Policy and all police personnel should be familiar with it.

‘Police Personnel’ For the purposes of this policy and procedure police personnel includes Police Officers, Police Staff, members of the Special Constabulary, Police Community Support Officers, members of the Police Volunteer Support Team (including Volunteer Cadets) and Agency Staff. Other non-Police personnel are subject to the provisions of the Nottinghamshire Police Vetting Policy and Procedures.

The aims of this document are two-fold. Firstly to provide guidance to all police personnel as to what could be interpreted as a ‘notifiable association’ for the purposes of this policy. Secondly, to identify the procedures that should be followed by all police personnel should they consider themselves the subject of, or suspect another member of staff to have a notifiable association.

SECTION 3 PROCEDURE

DEFINITIONS

3.1 “Notifiable Association”

An association will be considered notifiable where it has or has the potential to:

• Compromise a member of Nottinghamshire Police.

• Compromise the operations or activity of Nottinghamshire Police.




• Compromise the reputation of Nottinghamshire Police. Members of police personnel have a duty to report all notifiable associations (see definition below) of which they become aware, whether involving themselves or another member of staff, to the Professional Standards Directorate.

3.2 “Association”

Will have its normal everyday meaning. The term ‘association’ is not intended to include a person with whom a member of police personnel may be on ‘nodding’ terms, i.e. occasional or infrequent. It is not a chance meeting with a passing acquaintance that may be repeated from time to time. ‘Association’ relates to association with persons who have no criminal convictions, but who are engaged in criminal activities, or those who associate with such persons. Contact includes any contact either through face to face contact, telephone, social media etc.

If this information is known it should be declared. If you have friends or relatives who fall into this category, their details must be included.

Where an association is judged by the individual concerned or a manager to be notifiable because it carries any of the risks outlined, the individual and management will agree the steps to be taken for the risks to be controlled or mitigated.

Where advice has been given that such an association must cease yet it persists or the limitations are not observed, then the notifiable association may be considered as a disciplinary matter and may be subject to proceedings under the Police (Conduct) Regulations (Police Officers), or, Nottinghamshire Police Staff Misconduct Procedures (Police Staff).

3.3 “Notifiable”

There is no definitive list of associations, which will be deemed Notifiable. A number of factors should be taken into account, including:

• The nature of the relationship and the extent and closeness of the

association.

• The antecedents and history of the person, group or organisation with which the member of police personnel has the association.

• Any criminal convictions of the person, or persons within the group, or organisation with whom the member of police personnel has the association, in particular; the number, seriousness and frequency of convictions and the time since the last conviction.

• The suspected involvement in crime or Notifiable activity of the person or persons within the group or organisation with whom the member of police personnel has the association, in particular how strong that suspicion is.

• The criminal associations of the person, or persons within the group, or organisation with whom the member of police personnel has the association and whether those associations are serious and/or current.

• The nature and object of the group or organisation to which the member of




police personnel is associated. It should be generally presumed that associations with persons with criminal convictions and /or in respect of whom intelligence exists relating to current or recent criminal activities, will be considered as notifiable and as having the potential to compromise the individual member of police personnel, operations, activity or reputation of Nottinghamshire Police.

In particular, where an association exists with any person of the following categories, it should always be declared:

• Persons known to have criminal convictions.

• Persons known to have been charged with a criminal offence where matters remain unresolved.

• Persons known to be under investigation for, but not yet charged with, a criminal offence.

• Person’s known to be subject of criminal intelligence or the subject of an interest marker.

• Persons known to have been suspended dismissed or required to resign from a Police Service or other law enforcement role for reasons of serious professional misconduct and/or behaviour identified within this policy.

• Persons employed or engaged in any business or activity where there is a known potential conflict of interests with Nottinghamshire Police.

• Associations and/or relationships with the following groups: Crime Reporters Association The general press Broadcast media Private Investigators and persons involved, or employed, in any private security function

The list is not exhaustive and any association falling outside these categories must still be declared if the previously stated criteria apply

It is recognised that police officers and police staff will have contact with the media in respect of their professional role; however, any communication or contact with the media outside of this professional role, must be reported.

Under no circumstances should police personnel, or anyone at their request, carry out checks to ascertain whether or not any of their associates have criminal convictions, or are recorded as being actively engaged in crime. Any concerns should be reported to their line manager.

Police personnel should be aware that criminals might seek to gain an association in furtherance of future criminal intentions or for the purposes of infiltration. Police personnel are therefore encouraged to report such approaches for intelligence purposes and also to ensure that an appropriate risk assessment can be made.

This applies irrespective of whether these associations have been previously declared as part of any security clearance or vetting procedures.




Important It is not intended to prohibit all the associations listed above, but for reasons of clarity, these are listed as categories of association, which should be declared, so that a determination can be made.

Any declaration of an association with a person having criminal convictions will be considered on an individual basis. Any conviction that would have been regarded as spent under the Rehabilitation of Offenders Act 1975 will still be considered together with any other identified information/intelligence but may have limited impact on any risk assessment.

In the case of suspended or former employees, it is recognised that there will be an ongoing requirement for contact with Nottinghamshire Police e.g. legitimate business of Staff Association representatives or welfare concerns etc. This policy is not intended to discourage genuine welfare considerations, however, such contacts should be brought to the attention of a supervisor as soon as reasonably practicable.

3.4 “Group or Organisation”

There is no definitive list of groups or organisations deemed notifiable. This is a matter for those following the procedure to determine. This will currently include:

• Membership of the British National Party, Combat 18, the National Front and Britain First.

3.5 “Compromise”

To place in a position of difficulty or danger, to expose to risk of failure, frustration or disgrace, to cast doubt on one's integrity.

In the context of this procedure compromise includes the likelihood or potential of both actual and perceived risk to the individual member of police personnel, operations, activity or reputation of the force. The level of actual or perceived risk will be based upon the risk assessment of available, appropriately graded evidence and/or information. The risk assessment will be documented.

"Compromise the individual, operations, activity or reputation of the Force"

There is no definitive list but some activities with this potential include:

• Passing information or intelligence in contravention of the Data Protection

Act.

• Misuse of Force IT systems including unauthorised additions/deletions to any system.

• Entering into an association involving the acceptance of bribes which would place an individual (and by implication Nottinghamshire Police) at risk of compromise as outlined in the policy.

• Ignoring known criminal or notifiable behaviour by a person, group or organisation with which the member of police personnel has an association.




• Failure to record and submit intelligence in respect of a person, group or organisation with which the member of police personnel has an association.

• Giving evidence of character in criminal proceedings on behalf of a person with whom an association is determined to be notifiable.

• Discussing tactics, operations or technical equipment in such a way, which, whether intentionally or recklessly, (eg, the circumstances in which the disclosure is made) could impact upon the operations, activity, or reputation of the Force by revealing details or techniques which should remain confidential.

• Being seen by members of the public in the social company of person/persons known within a local area to have convictions or to be suspected of unlawful activities. Outside the family/friends environment it may be the case that police personnel belong to clubs, associations or organisations where fellow members are known to have criminal convictions or to be engaged in criminal activity. Such associations where declared, will be subject to the appropriate risk assessment.

3.6 Confidential reporting

A confidential reporting line is available to all police personnel on 0115 9672755 and also through Integrity Messenger. The Professional Standards Directorate Counter Corruption Unit monitors these facilities. Further details are available on the Professional Standards Website.

3.7 Staff Associations and Trade Unions

The Police Federation, Superintendents Association, UNISON, GMB, and other Staff Associations and Support Networks can and do play a key role in acting as an agent through which members can relay their concerns in a non-threatening environment.

The Police Federation, Superintendents Association, UNISON, GMB and other Staff Associations and Support Networks can offer independent advice on whether a particular case merits formal reporting. These organisations are bound by their own internal rules regarding confidentiality and the need for a members consent prior to the forwarding of information.

3.8 Occupational Health, Human Resource Teams, Vetting Unit, First Contact Officers

Reports may be brought to notice through any of the above staff. When reports are brought to notice in this way the role of receiving staff is to provide support and ensure confidentiality is respected. Where a serious risk to any individual, Nottinghamshire Police and / or others is identified there is a duty to formally report it. The staff receiving the report should assist the individual concerned to identify the most suitable way of formally reporting the breach of professional standards.

The above range of options is designed to afford police personnel flexibility in the way they make professional standards reports. The choice of which route to take lies with the individual but whichever one is selected it is vital that the initial response is positive, robust and supportive.




RESPONSIBILITIES

3.9 All Police Personnel

Members of police personnel have a duty to report all notifiable associations (see below Procedural Guidelines) of which they become aware, whether involving themselves or another member of staff, to the Professional Standards Directorate.

3.10 Procedural Guidelines - Personal Disclosure

Where a person serving with the police considers that a personal association they have with an individual, group or organisation is notifiable in that it has the potential, or is likely to:

• Compromise the individual member of police personnel

• Compromise the operations or activity of Nottinghamshire Police

• Compromise the reputation of Nottinghamshire Police

they must report that association to their first line manager, in writing by e-mail. The individual declaring a notifiable association willl submit a report via their line manager to [email protected] (name ‘Notifiable Associations of the force Microsoft Outlook directory) which is administered by the Counter Corruption Unit (CCU). The CCU will assess whether the report constitutes the recording of a notifiable association and will document both recording and non-recording decisions. Where a Notifiable association is recorded, the CCU will undertake a risk assessment applying a matrix tool that will take account of the following:

the type of association

the frequency of contact

adverse antecedence

reputational threat to the force

The above risk assessment process will identify the level of risk on a low / medium / high rating and the person serving with the police will be advised of that determ ination. Where the CCU identifies any measures that can be taken to mitigate the risk, the CCU will provide written instruction to the individual of any action they must take so as to lessen the risk. That instruction will also be provided to the individual ’s first line manager and where appropriate further such persons within their chain of line management.

Where the notifiable association is assessed as being either medium or high risk, it will be subject of review by the CCU whilst ever the case remains scored at such a risk. The regime and frequency of review will be determined by the CCU on a case by case basis, but no more than twelve calendar months will elapse between reviews.

Where a person serving with the police has concerns that an association may be notifiable, or is unsure of the antecedence of the individual, group or organisation, they have a duty to discuss this with their first line manager, who in turn must take advice the from the CCU Detective Sergeant.

mailto:[email protected]




Where a notifiable association has been recorded by the CCU and the assessor on undertaking appropriate enquiries believes that the person serving with the police should be subject of conditions / restrictions that would be impactive on their private life or should instructed to cease the relevant relationship in management of the risk, a report will be provided to the Head of PSD (and herein thereafter the Deputy Head of PSD in their absence). This report, as a minimum, will cover the following:

• Full name and force number of the member of the individual service with the

police.

• Nominal or organization details of the person or group to which the person serving with the police is associated.

• When the notifiable association was notified.

• What enquiries have been carried out, and what the results were.

• A summary of the extent of the association.

• The identification of and an assessment of any risks it carries.

• A recommendation as to whether the private life of the person serving with the police should be subject to conditions / restrictions.

It should be noted that depending on the circumstances and the facts that can be ascertained by the CCU, it may be necessary to conduct further outside enquiries. These may be undertaken by the PSD or local departmental line management. The CCU Detective Inspector (DI) or Detective Sergeant (DS) will determine primacy for such enquiries.

It may also be necessary to ask questions of the person serving with the police in assessment of the notifiable association that they have declared. Such questioning is entirely permissible and the individual should be provided with an opportunity to have a ‘police friend,’, or a staff association representative, or their line manager present. Questions should be asked outside the regulated disciplinary system, unless there is an indication that the person serving with the police has behaved in a manner that would justify the bringing of disciplinary proceedings. If there is such an indication, questioning must not occur and the matter should be brought to the immediate attention of the appropriate authority in order for an initial assessment to be conducted in accordance with regulation 12 Police (Conduct) Regulations 2012 so as to determine whether a disciplinary investigation should be instigated.

In consultation with the Head of Department under whose command the person serving with the police is posted, the Head of PSD will on the facts known, make a ‘Determination’ as to the control measures to be applied in order to lessen or neutralise the risk posed by the notifiable association. A determination could include, but is not limited to:

Taking no action

Setting limits to the association where it may be impractical to curtail the relationship completely e.g. when the relationship is familial.

Ordering the relationship to cease

Instigating a disciplinary investigation to examine an alleged breach in the Standards of Professional Behaviour.

Where the Head of PSD is minded to make a determination instructing the person serving with the police to cease a relationship that has triggered a notifiable association, they will consult with the Deputy Chief Constable (DCC) before reaching a decision.




The Code of Ethics for policing will be central to and underpin all decisions taken when reaching a determination.

Having reached their determination, the Head of PSD will then undertake, or cause to be undertaken, the following actions:

• Provide written notification of the determination to the person serving with the

police. That notification will include an explanation as to the decision taken. • Record on the relevant PSD database all rationalised decisions and actions

undertaken in management of the notifiable association. • Forward a report of the facts to the relevant Head of Department under whose

management the person serving with the police is posted. • Ensure a copy of the determination is included in the individual Human

Resources (HR) file held by People Services.

Any restrictions will allow the Chief Constable to fulfill a statutory obligation to run an efficient and effective Force. To meet this obligation the Chief Constable must provide for safety of police personnel, and ensure that those with access to force information are trustworthy and unlikely to breach confidences.

Should the person serving with the police refuse or fail to comply with the determination made by the Head of PSD in management of the notifiable association, then the appropriate authority should make an assessment of conduct as to whether a disciplinary investigation should be instigated to examine an alleged breach in the Standards of Professional Behaviour.

Any infringement of an individual’s right to respect for family life European Convention on Human Rights (ECHR: Article 8), right to Freedom of Expression (ECHR: Article 10) right to freedom of peaceful assembly and associations (ECHR: Article 11) right to marry (ECHR: Article 12) and discrimination (ECHR: Article 14) will only be that which is necessary and proportionate. The legitimate aims of such action will include the protection of the rights and freedoms of others, safeguarding public safety, the prevention of disorder and crime and in some cases national security

3.11 Concerned Disclosure

Where a person serving with the police becomes aware of an association between another member of police personnel and an individual, group or organisation, which may be notifiable, they should report this to their first line manager or t h e C C U , either directly or via a staff association, Occupational Health (OH), a third party, Integrity Messenger (confidential web-based communication portal), or the PSD confidential reporting telephone line. The informant can reveal their identity when making such a report, or can disclose anonymously.




3.12 Appeals

A person serving with the police personnel subject of a determination will have the right to appeal that determination. If that individual disagrees with that determination they may appeal by way of written report to the Head of PSD. Any representations made by the respective Staff Associations will also be considered.

The report must:

• Be submitted within 14 days of the original determination with that date counting as the first day.

• State the date of the determination.

• State the terms of the determination.

• Set out, in clear and concise terms, why the individual disagrees with any

aspect or aspects of the determination. • Be signed and dated by the member of police personnel appealing the

determination. An appeal will be considered by a Chief Officer.

The Head of PSD will ensure that the appeal papers are forwarded to an appropriate appeals officer as soon as practicable.

Following consideration of the appeal, the Chief Officer will inform all parties to the original determination of the result as soon as practicable. Appeal findings will be final – there will be no further appeals process.

3.13 Interdependencies with Vetting Status

Where a notifiable association is recorded, the CCU will share details of the case with the Force Vetting Unit (FVU), so that a Vetting Assessor can determine whether such new additional information would alter the individual’s vetting clearance status, giving due regard to the Vetting Code of Practice and the Authorised Professional Practice (APP) for vetting.




SECTION 4 LEGISLATIVE COMPLIANCE

This document has been drafted to comply with the general and specific duties in the Equalities Act, General Data Protection Regulations and the Data Protection 2018, Freedom of Information Act 2000, European Convention of Human Rights ECHR) and the Human Rights Act 1988 and other legislation relevant to the area of policing such as, the Police Reform Act 2002 together with the Police (Conduct) Regulations 2012, the Police Regulations 2003 and the Employment Act 2002.

Nottinghamshire Police acknowledges: -

4.1.1 The rights of its staff to respect for private and family life afforded by the Human

Rights Act 1998, Article 8.

4.1.2 The rights of its staff to Freedom of Expression afforded by the Human Rights Act 1998, Article 10.

4.1.3 The rights of its staff to freedom of peaceful assembly and to freedom of association afforded by Article 11 of that Act.

4.1.4 The rights of its staff to marry afforded by Article 12 of that Act.

4.1.5 The existence of these articles does not prevent the imposition of lawful formalities, conditions, restrictions or penalties on the exercise of these rights by citizens, including officers and staff of Nottinghamshire Police which may be necessary for a number of reasons to prevent the work of the force being undermined, and in particular:-

4.1.6 For the prevention of crime or disorder.

4.1.7 For the prevention of the disclosure of information received in confidence

4.1.8 For the protection of the reputation or rights of others.

4.1.9 The information required in this procedure is to allow the Chief Constable to fulfil a statutory obligation to run an efficient and effective Force. To meet this obligation the Chief Constable must provide for safety of our staff, and ensure that those with access to force information are trustworthy and unlikely to breach confidences.

4.1.10 Any infringement of an individual’s right to respect for family life European Convention on Human Rights (ECHR: Article 8), right to Freedom of Expression (ECHR: Article 10) right to freedom of peaceful assembly and associations (ECHR: Article 11) right to marry (ECHR: Article 12) and discrimination (ECHR: Article 14) will only be that which is necessary and proportionate. The legitimate aims of such action will include the protection of the rights and freedoms of others, safeguarding public safety, the prevention of disorder and crime and in some cases national security

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