Legal and Professional Standards Department - Transferees and rejoiners procedure (P04h)

1. Summary of changes

1.1. This standard operating procedure (SOP) was reviewed in October 2023 - no amendments to content made. 

2. What this procedure is about

2.1. The purpose of this SOP is to identify whether police officers or police staff who are rejoining Kent Police (the ‘parent force’) after a break in employment, joining another force after a break in employment, or are transferring to another force (the ‘receiving force’), or have been the subject of either police vetting or national security vetting (NSV), are the subject of professional standards intelligence, or have disciplinary or criminal proceedings outstanding. The procedure also applies to those returning from a period of secondment.

2.2  Incidents have arisen in a number of receiving forces where professional standards investigations have had to be instigated, where concerns have been raised as to the honesty and integrity of transferees, prior to transfer, whilst serving with the parent force. In some cases, the motivation for the transfer has been the avoidance of detection of criminal or disciplinary offences whilst serving with the parent force, with some transferees already the subject of active professional standards investigations. A number of transferees have also had to return to their parent forces to attend criminal proceedings, or hearings in respect of serious disciplinary offences.

Compliance with this SOP and any governing policy is mandatory.

3. Detail the procedure

3.1. Under Home Office procedures, transferee application forms for police officers up to the rank of superintendent, are sent directly by applicants to the receiving force without notification to the parent force. The only contact applicants have with their parent force is to obtain copies of their last two personal appraisal records, a copy of their complaints and misconduct records, and awards and commendations. Applicants are required to collate this information and send it directly to the receiving force recruitment unit. The applicant’s sickness record will be requested at the referencing stage by the receiving force direct from the parent force.

3.2 For police officers, police staff and special constabulary rejoiners, applications will be routed through the Business Centre (recruitment). It is important to ensure that checks are carried out to identify details of previous service with the force. Applicants will also be asked if they have had previous employment with another police force or agency. Careful consideration should be given to the reasons provided for leaving any of the forces or agencies identified, and for applying to re-join.

3.3  The Central Vetting Unit will normally carry out the same level of checks and enquiries outlined in SOP P04b Recruitment vetting, for persons subject of this SOP. However, in some cases, for example where the applicant was vetted recently and granted clearance prior to their departure from the force, vetting health checks may be carried out instead of a full re-vet in accordance with APP vetting guidance. Each case will be considered on its merits and the force vetting manager reserves the right to require a full re-vet in place of vetting health checks.

3.3.1. In respect of the post-retirement police officer Returner Scheme, where a police officer retires from the force after 30 years of service and then returns as an attested officer after a short break of service (minimum one calendar month but within two years) the following will apply:

• where the individual has left the force within the previous 12 months and held valid vetting clearance for the role at the time of leaving, the force will require a declaration regarding change of circumstances since vetting clearance was last granted to assess eligibility. The force will complete vetting health checks
• where the individual has left the force over 12 months ago, the vetting will have expired and the individual will be required to be re-vetted and apply for national security vetting clearance via the UKSV

3.4  In addition, individuals will not be permitted to transfer to, or rejoin the force, without prior enquiries being made with the relevant force Professional Standards Department Counter Corruption Unit. 

3.5  Where a transferee holds a security check (SC) clearance, the clearance will remain valid provided it can be demonstrated that the aftercare requirements to the APP vetting standard have been satisfied. In all circumstances, a copy of the personal vetting file should transfer with the individual to the receiving force vetting manager.

3.6  It is important that full complaints and discipline records, and any relevant intelligence records held by Professional Standards Counter Corruption units in respect of individuals subject of this procedure, are disclosed to the force dealing with individual applications. To ensure the confidentiality of particularly sensitive information held by Professional Standards Counter Corruption Units, disclosure will be between the Counter Corruption Units. It will be the responsibility of the Counter Corruption Unit of the force dealing with the application to decide the extent of the information that can be disclosed to their own force Vetting Unit.

3.7  Individuals appointed to NPCC ranks, should normally be vetted to developed vetting (DV) level.

Vetting refusals, withdrawals and lapses

3.8  Under Section 6 of the Police Act 1996, chief officers retain the right to reject any application without stating a reason. However, the reason for rejection will be provided to the applicant where it is possible to do so.

3.9  On occasion, applicants may have previously applied to join the receiving force, either on initial recruitment or as a transferee, and had their application rejected. In these circumstances forces should review whether the original grounds for rejection remain valid.

3.10  Transferees are entitled to appeal against a decision to refuse their vetting clearance and may send a request seeking a review, within 14 days of receipt of the written notification, to the Central Vetting Unit. The force vetting manager will aim to review the case within 28 days of receipt of the request. There is no right of personal representation. The applicant will be provided with the outcome of the review in writing and the decision will be final.

3.11  Vetting lapses usually occur when persons leave the force, or transfer to non-designated posts. Vetting will lapse when the designated time period has expired and the vetting clearance has not been renewed. 

3.12  In cases where persons holding vetting clearances are required to resign or are dismissed from the police service, their vetting clearance will lapse immediately. In cases involving national security vetting (NSV), the United Kingdom Security Vetting (UKSV) should be notified immediately by the Central Vetting Unit.

Transferees from Police Scotland

3.13  Transferees from Police Scotland must be sworn in as police officers in England and Wales.

Counter Terrorism and Security Act

3.14. The Counter Terrorism and Security Act 2015 places a duty upon specified authorities (which includes the police) to ensure that their functions are discharged having due regard to the need to prevent people being drawn into terrorism. Our staff are not immune from radicalisation, therefore if such concerns regarding an individual or institution are identified, these should be referred to the Kent Police prevent team via the FIMU at Kent SB JIU.

4. Equality Impact Assessment (EIA)

4.1 An EIA has been carried out and shows the proposals in this policy would have no potential or actual differential impact on grounds of race, ethnicity, nationality, gender, transgender, disability, age, religion or belief or sexual orientation.

5. Risk assessment

5.1 This policy has been assessed as medium risk.

6. Consultation

• Counter Corruption Unit
• Recruitment Unit
• Business Centre
• Central Vetting Unit
• Human Resources
• Legal
• Freedom of Information
• Health and Safety
• IT Security
• Finance

7. Monitoring and review

7.1 This SOP will be monitored, and reviewed after two years, by the force vetting manager. The monitoring will take into consideration any changes in relevant legislation or procedures impacting on transferees or rejoiners.

8. Other sources documents

None listed.

9. Security

9.1 Kent Police have measures in place to protect the security of your data in accordance with our Information Management policy (Policy W1000 – Information Management).

10. Retention and disposal of records

10.1 Kent Police will hold data in accordance with our Records Review, Retention and Disposal policy (Policy W1012 – Records Review, Retention and Disposal).