Missing Persons Policy

1. Statement of Policy

The aim of this policy and associated practice guide is to ensure that Dyfed-Powys Police has a consistent and professional approach to dealing with Missing Persons.  Dyfed-Powys Police will equip its officers, staff and volunteers to recognise and respond quickly and effectively to protect those at risk of harm.

This policy and associated guidance document will be available to all officers, staff and volunteers. Dyfed-Powys Police will comply with the College of Policing’s Authorised Professional Practice (APP) on Missing Person Investigations. Any deviations from the APP will be detailed within 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.

 

 

2. Policy Scope

This policy is implemented force-wide. The practice guide is a separate document which provides detailed operational guidance to officers, staff and volunteers.

The policy will be reviewed biennially or sooner should legislation and guidance change. It should be clearly documented if the guidance within this document is not adhered to along with the rationale.

Dyfed-Powys Police recognises the impact that missing person incidents can have on the lives of those reported as missing and their families.  Going missing should be treated as an indicator that the individual may be at risk of harm. The safeguarding of vulnerable people is paramount to Dyfed-Powys Police and a missing person report should be recognised as an opportunity to identify and address risks.

This will be achieved by: -

• Recording all reports of missing persons and documenting our decision-making regarding deployment.
• Undertaking a risk assessment in respect of each missing person.
• Recognising the risk and responding appropriately.
• Ensuring police resources are targeted appropriately and effectively to investigate reports of missing persons.
• Standardising procedures throughout the force area.
• Adopting a multi-agency approach to missing persons in the region by complying with regional safeguarding process for children and adults at risk.
• Provide support to the family of missing persons.
• Being pro-active through engagement with high-risk groups such as children in residential care.
• Utilise Llamau debriefing service to provide specialist help to missing children across the force area to try and reduce the risks for missing children.

Three key factors should be considered in a missing person investigation:

• protecting those at risk of harm
• minimising distress and ensuring high quality of service to the families and carers of missing persons
• prosecuting those who perpetrate harm or pose a risk of harm when this is appropriate and supported by evidence.

 

3.  Powers and Policy/Legal Requirements

Dyfed-Powys Police will police all incidents of missing persons in line with the College of Policing Authorised Professional Practice for Missing Persons (APP).

The definition of a missing person is: -

“Anyone whose whereabouts cannot be established will be considered as missing until located, and their well-being or otherwise confirmed.”

This is a broad definition, intended to ensure that all cases of people suspected of being missing who are reported to the police are considered for a policing response. The nature of the response is for operational decision makers. Not all reports of missing people will require deployment of police resources.

It may be appropriate in some cases for the police to expect the reporting person to undertake reasonable actions to ascertain the whereabouts of the individual concerned unless there is a real, immediate risk of harm that justifies immediate police intervention. It is for police decision makers to establish if an individual is absent, meaning they are not where they are expected to be, late home or have omitted to inform the reporting person where they are. In considering each case, officers, staff and volunteers should consider all the information set out in this policy and associated guidance document.

The decision on police involvement should consider our legal duties to investigate when there is –

• A real and immediate risk to life.
• A real, immediate risk of slavery or servitude.
• Missing person is a potential victim of crime / suspicious circumstances.
• A real, immediate risk of significant harm amounting to torture, inhuman or degrading treatment.

It may be necessary to conduct an initial investigation to determine these things. If, however, having carried out proportionate enquiries, the investigation indicates that the adult is capable of independent living without care and has chosen to go missing, the police need to find the balance between protecting vulnerable adults and respecting an adult’s Article 8 Right to Respect for their Private and Family Life.

In line with the APP, Dyfed-Powys Police have accepted the continuum of risk however the force has not accepted the “no apparent risk” grading.

The European Convention on Human Rights (ECHR) places a positive obligation on police officers to take reasonable action, within their powers, to safeguard the rights of individuals who may be at risk.

The ECHR Articles which may be relevant to missing persons are:

• Right to life (Article 2)
• Right not to be subjected to torture or to inhuman or degrading treatment (Article 3)
• Right to prohibition of slavery and forced labour (Article 4)
• Right to respect for private and family life (Article 8)
• Right to freedom of expression, including freedom to receive information (Article 10).

When a person is reported missing the police have an obligation to record the incident, capturing all available detail so that a risk assessment can be completed. Safeguarding actions may be undertaken by the police or others and must be clearly documented with the rationale. An initial risk assessment will provide the basis for an appropriate and proportionate response according to the level of risk to the individual and others.

The police area (or force) that receives the missing person report must record in line with this guidance and APP. The person reporting must not be told to contact another force regardless of where the person reporting resides.

It is also important to consider whether the person has a particular vulnerability that may increase their risk, such as:

• having a disability or illness.
• being a looked after child or at risk of exploitation.
• having any other protected characteristic (defined by the Equality Act 2010) which may require a particular response or consideration.

A person may be vulnerable for a wide range of other reasons, these might for example relate to their immediate environment or mental wellbeing, difficulties within their life or challenges that they have that affect their behaviour or ability to communicate or seek help.

Dyfed-Powys Police will display our ethical policing principles acting with courage, showing respect and empathy and displaying public service.

The Code of Ethics applies to this policy and the associated practice guide –

• Courage
• Respect & Empathy
• Public Service

As policing professionals, we commit to –

• Making, communicating and being accountable for decisions, and standing against anything that could bring our profession into disrepute.
• Encouraging, listening to and understanding the views of others, and seeking to recognise and respond to the physical, mental and emotional challenges that we and other people may face.
• Working in the public interest, fostering public trust and confidence, and taking pride in providing an excellent service to the public.

 

4.  Options and Contingencies

The responsibility for delivery of this policy lies with the Force Command and Control Centre and Local Policing Area Commanders and Senior Management Teams who are responsible for the implementation and compliance of this policy with their officers, staff and volunteers.

Dyfed-Powys Police is committed to safeguarding vulnerable persons and where appropriate will share information with partner agencies where there is a safeguarding concern resulting from a missing person investigation. Officers, staff and volunteers should submit a Public Protection Notice every time a child is reported missing.

Operation Endeavour

Operation Endeavour is an information sharing process designed to address shortcomings in the early sharing of information with schools; with a vision to safeguard children and young people who are reported as missing to police by ensuring that appropriate services are made aware of an incident at the earliest opportunity.

Operation Endeavour is a partnership between Dyfed-Powys Police, the Education Department of all four local authorities and designated safeguarding persons within the schools. Staff within the Vulnerability Hub ensure that a copy of relevant missing person reports are shared with the local authority education department via a secure email address which allows the local authority to notify the relevant school of the incident.

 

5.  Take action and review

Our progress is reviewed regularly within the Strategic Vulnerability Board which provides governance and oversight, ensuring that the strategic approach and response to vulnerability is fully embedded within the organisation.

The group is chaired by the force Assistance Chief Constable, and reports to the Chief Constable at the Force Performance Board.

The Strategic Vulnerability Group will continue to monitor effectiveness, focusing on continuous learning in this area.

 

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:

• eliminate discrimination, harassment, victimisation, and any other conduct that is unlawful under the Act;
• advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
• foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

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