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The aim of this Policy is to clearly define Heddlu Dyfed-Powys Police’s approach to dealing with circumstances where a person who has come to notice for a Recordable Offence represents a clear risk to children, vulnerable persons or the wider public in their occupation or voluntary setting by virtue of their alleged offending.
This Policy sets out the arrangements under the Common Law Police Disclosure, (CLPD) Scheme for the disclosure of information to employers or regulatory bodies where an urgent pressing social need can be established relating to the access that an individual has to other people by virtue of their employment or voluntary role.
This Policy will outline the narrow scope in which the Police can use their professional judgement to make disclosures based on Common Law in circumstances where they consider this to be necessary to support public protection. This Policy remains separate from the statutory Disclosure and Barring Service, (DBS) arrangements, but is based on similar considerations.
An ‘Urgent Pressing Social Need’ involves the safeguarding or protection from harm of an individual, a group of individuals or society at large; in particular vulnerable adults and children. This need to safeguard must be proportionate whilst balancing the needs, rights and interests of the person in question. It will involve considering the impact of disclosure on the private life of the individual concerned. Decisions should also take into account any adverse impact disclosure might have on the prevention or detection of crime.
The Pressing Social Need’ threshold for making a disclosure under Common Law powers is considered to be the same as that required for the disclosure of “Approved Information” in accordance with the provisions of Part V of the Police Act 1997 (as amended).
This principle was established by the Supreme Court ruling in R (on the application of L) (FC) (Appellant) v Commissioner of Police of the Metropolis (2009).
It is therefore recommended that disclosing Officers apply the joint ACPO/DBS agreed “Quality Assurance Framework (QAF)” methodology in determining what, if any, information will be disclosed).
In determining whether to make a CLPD the following should be considered:
This Policy Applies, (but not limited) to:
All categories of Dyfed-Powys Police officers and staff, whether full-time, part-time, permanent, fixed term, temporary (including agency staff, associates, and contractors), seconded staff and volunteers. Police Officers, staff and volunteers accessing and using Force assets and property must have due regard to the contents of this policy.
The National Police Chiefs Council, (NPCC) advises that disclosure should be made at arrest, (or voluntary attendance), or when information first comes to light and not delayed until charging. Disclosure should be made as soon as is practicable to ensure that the perceived risk to the public is mitigated as soon as possible. It is vital that Common Law based disclosure decisions are processed by the Police without unnecessary delay in order that the recipient can respond effectively to the urgent risk identified. Where the decision is made that a disclosure should be made, it is good practice to advise the individual at the time, if practicable to do so and it will not hinder the investigation.
Disclosure should be made at the earliest opportunity to mitigate risk.
The above will be subject to a written relevance and proportionality test utilising the Occupation Disclosure Risk Assessment, (ODRA) Forms on NICHE and approval by a Chief Officer prior to any notification.
The Relevant Person will be the Officer in the Case, (OIC) of an Investigation or Interview of a Voluntary Attendee, (VA) or the Custody Sgt or Detention Officer of an Arrestee and will be responsible for the accurate identification and recording of all suspect’s occupations and voluntary work. The relevant Person will commence the application procedure and their respective Inspectors will be responsible for quality assurance and supporting comments and onward dissemination to the On-Call Silver Commander.
The On-Call Silver Commander will review any application and add supporting comments to support rationale, and, where in agreement, will forward to Chief Officers for approval. On Chief Officer approval the Force Disclosure Unit will be responsible for notification to the employing body by telephone, secure E-Mail or Recorded Delivery Mail.
Where there is an immediate risk the relevant Inspector should notify the employing body via telephone, but only after seeking authorisation from the On Duty Silver Commander.
Objectives
The CLPD scheme replaces the Notifiable Occupations Scheme, (NOS), as was set out in Home Office Circular 06/2006 which has subsequently been withdrawn. The NOS scheme was deemed potentially unlawful as it provided for blanket disclosure and was likely to be in breach of both Data Protection Legislation and Article 8 of the Human Rights Act 1998. In contrast the CLPD scheme allows Police to use their Common Law powers on a case-by-case basis to determine who is notified, and what they are notified of; thus, enabling employers or regulatory bodies to take immediate action to address a public protection risk. The Police have a Common Law power to share information with third parties where a policing purpose is established, (with each case being considered on its own merits).
A Policing Purpose is defined under the Police Information and Records Management Code of Practice as:
The general position is that the Police should maintain the confidentiality of personal information, but legal opinion supports the disclosure of information about an individual to their employer, (or equivalent if individual is in a voluntary role), or Qualified Regulatory Body (QRB), where an Urgent Pressing Social need can be established and the Public Interest in disclosure outweighs the duty of confidentiality.
Any decision to disclose information will be in line with the Data Protection Act 2018, the Human Rights Act 1998 and the Rehabilitation of Offenders Act 1974.
Relevant legislation includes:
Related Policies, Protocols, Practices or Service Agreements:
The NPCC advises that disclosure should be made at arrest, (or voluntary attendance or when information first comes to light), and not delayed until charging. A decision to disclose will be made on a case-by-case basis but as a rule, information will only be disclosed when it is relevant, necessary and proportionate to do so having regard to all the circumstances in the case and the identified risk to the public.
Whilst this Policy looks at disclosure at the point of VA or Arrest, this should be subject to regular review and in the light of any changing circumstances, for example in a case where a decision has been made not to disclose when someone is bailed but later information comes to light which results in a charge.
Where it is intended to make a disclosure to an employer, it is good practice to advise the individual at the time as this will allow them to make representations and to consider informing their employer themselves.
Disclosure of information to employers or licensing, regulatory or professional bodies will be the responsibility of the Disclosure Unit, provided that the Officer in the case, (OIC), has followed the correct notification process and has been approved by a Chief Officer unless Urgent Disclosure has already been provided.
Data Protection Compliance Audit
The CLPD disclosure process will form part of the data protection compliance audit process undertaken by the Data Protection Compliance Officer overseen by the Force Data Protection Advisor.
Roles and Responsibilities within Dyfed-Powys Police
Chief Constable
The Chief Constable of Dyfed-Powys Police is the Data Controller and as such has overall responsibility for the lawful processing of all personal data processed by the Force. Similarly, they have responsibility for all information held by the Force whether it be operational or corporate information. They also have overall accountability for procedural documents and have ultimate responsibility for compliance of this policy across the entire Force.
Senior Information Risk Owner (SIRO)
The SIRO is responsible for overseeing the Policy and Process.
Chief Officers
Where necessary, Chief Officers will be responsible for the approval process and in establishing if there is a pressing social need and it is justified.
Silver Commander
Where necessary, the Silver Commander is responsible for the approval process and in establishing if there is a pressing social need and it is justified.
The Disclosure, Records and FOI Manager, (Data Protection Department)
The Disclosure Records and FOI Manager is responsible for:
Senior Officer – Custody Facilities
Officer in the Case and Custody Detention Officers/Sergeants/Inspectors
Information Management and Compliance and Disclosure Officers
Data Protection Compliance Officer
Information Assurance Board
Line Managers/Supervisors
This policy is owned by the Information Management and Compliance Department. It is the responsibility of all Police Officers, Staff and Volunteers to ensure that they possess a basic understanding of the CLPD process and the role they play in helping Heddlu Dyfed-Powys Police to comply with its requirements. The Force Disclosure Unit will provide advice and assistance concerning the CLPD process.
This Policy will undergo regular reviews to assess its effectiveness and applicability; this will be planned at least on an Annual basis and may be prompted between planned reviews by any significant changes to legislation or national guidance, (APP).
The review process will be conducted by the Disclosure, Records and FOI Manager, (or equivalent), prompted through a standing agenda item through the Information Assurance Board, (IAB) and the Force Policy Officer.
CODE OF ETHICS CERTIFICATE OF COMPLIANCE
This policy has been drafted in accordance with the Code of Ethics and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Code and the principles underpinning it.
HUMAN RIGHTS ACT CERTIFICATE OF COMPLIANCE
This policy has been drafted in accordance with the Human Rights Act and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Act and the principles underpinning it.
EQUALITY IMPACT ASSESSMENT
Section 4 of the Equality Act 2010 sets out the protected characteristics that qualify for protection under the Act as follows: Age; Disability; Gender Reassignment; Marriage and Civil Partnership; Pregnancy and Maternity; Race; Religion or Belief; Sex; Sexual Orientation.
The public sector equality duty places a proactive legal requirement on public bodies to have regard, in the exercise of their functions, to the need to:
The equality duty applies to all protected characteristics with the exception of Marriage and Civil Partnership, to which only the duty to have regard to the need to eliminate discrimination applies.
Carrying out an equality impact assessment involves systematically assessing the likely or actual effects of policies on people in respect of all the protected characteristics set out above. An equality impact assessment should be carried out on any policy that is relevant to the public sector equality duty.
EQUALITY IMPACT ASSESSMENT COMPLETED: September 2024