Legal and Professional Standards Department - Wrongdoing: inappropriate and notifiable associations (P01c)

1. Summary of changes

1.1. This standard operating procedure (SOP) has been reviewed in August 2023, the following amendments have been made:

• paragraph 3.10 has been added.

2. What this procedure is about

2.1. This policy applies to all police officers, special constables, police staff employees, police community support officers (PCSOs) and volunteers. The purpose of this policy is to prevent the opportunity for corruption by identifying and managing associations between members and employees of Kent Police and the public that may have an adverse effect on the ability of staff to carry out their duties. It is also intended to protect staff and officers from allegations of corruption.

A key threat to the police service is that of inappropriate/notifiable associations leading to the disclosure of intelligence. This in turn causes vulnerability to wider corruption, operational compromise and a loss of public confidence.

2.2. This SOP should be read in conjunction with the Code of Ethics.

Compliance with this SOP and any governing policy is mandatory.

3. Detail the procedure

3.1. This policy is intended to:

• identify the risks presented to individuals and the organisation by certain types of association
• manage the risks identified, where appropriate
• familiarise staff with vulnerability issues relating to intelligence, enforcement and prevention in connection with the activities of associates

3.2. Specifically this policy aims to:

• ensure that the public are protected, safe and feel safe
• protect members of Kent Police from being subjected to unnecessary or unwarranted pressures, from organised groups or individuals who would benefit in any way from corrupting staff, and to prevent any compromise of their integrity and professionalism
• clarify that further advice can be sought from the Professional Standards Department (PSD) Intelligence Unit (Counter Corruption Intelligence Unit). 

3.3. Computer misuse: Unauthorised checks on police computer systems can raise concerns regarding information being disclosed outside of the organisation. At no time should staff conduct checks on internal police systems such as PNC/Athena/Storm, etc or conduct any other enquiry, to gain information about relatives, friends or associates. If it is suspected that relatives, friends or associates may fall within the area of this guidance, the information should be passed to the PSD intelligence unit without any checks being conducted. 

3.4. Identifying association risks: It is accepted that as members of Kent Police are drawn from society and being representative of it, some will inevitably maintain associations with individuals who have come to police notice in some form. There are occasions, however, when a member of staff may have, or has had, an association where there may a risk of damage to the reputation of the organisation and public confidence in Kent Police. In extreme cases association may lead to criminal justice failures due to the tainting of witness evidence as a result of the association, or pressure from associates may lead to corrupt practice that could ultimately put lives at risk. More commonly, a situation may arise when investigating an incident reported by a family member or friend, or project or partnership work that involves an associate. In these cases involvement could be considered inappropriate, or be perceived to affect the impartiality of the officer or staff member concerned. During the course of their work, officers/staff may come into contact with someone they know personally, such as a friend, neighbour or family member. It is important that any conflict of interest should be declared to a line manager as soon as an employee becomes aware, as this could have a detrimental impact on their ability to act in an objective manner. By declaring it, the individual and organisation is protected from allegations of bias or impartiality.

3.4.1. Any person having been dismissed from the force should not be utilised by, engaged in or otherwise be part of any team representing Kent Police. This also applies to any other former employee of the force who would not in the normal course of events pass the force vetting process for re-employment. If there is a need to arbitrate on such matters this will be undertaken by the Head of Professional Standards in liaison with the Head of Central Vetting.

3.4.2. Any person having been dismissed from the force or having resigned prior to the conclusion of discipline proceedings should not be utilised by, engaged in or otherwise be part of any team representing Kent Police.

3.5. Declaring associations: Authorised Professional Practice (APP) for vetting by the College of Policing states that officers and staff members vetted on recruitment are made aware that any adverse changes in their circumstances, or failure to refer such changes could result in the withdrawal of their vetting clearance and/or the initiation of misconduct proceedings. In line with APP for vetting, a member of Kent Police must report to the PSD intelligence unit any non-work related association, where they know or strongly suspect that the association is with a person who falls into the following categories: 

• persons known to be charged with a criminal offence and the subject of a current prosecution
• persons known to have been convicted or cautioned for any offence (or reprimanded/received a final warning in the case of a juvenile)
• persons known to be under investigation but not yet charged with a criminal offence
• persons subject of criminal intelligence or the subject of an interest marker
• persons who have been dismissed following disciplinary proceedings or who resigned or retired pending such proceedings
• journalists, and any persons who undertake paid or unpaid work for the media
• persons who work within the sex industry
• association with any group, organisation or society that could give rise to a conflict of interest or the perception of bias in carrying out his or her work for Kent Police impartially
• former law enforcement officers now working in an investigative role outside of Law Enforcement agencies (e.g. private investigators and legal firms)
• membership or association with members of extremist groups

3.6. 'Association' does not include a chance meeting. However, where any such meeting may compromise the impartiality of a member of Kent Police, the matter should also be reported in order to protect the interests of officers and staff. As an example, where a person on bail for an offence approaches the officer in the case whilst off duty and engages them in conversation about the offence, it is in the interests of staff to report the circumstances to safeguard against any allegations of wrongdoing that may result.

3.7. It is incumbent on staff to ensure that if they are contacts on social media platforms with individuals that fall into the above categories that they also notify PSD of these. If the individual is no longer an associate, it may be, appropriate to consider whether you remain connected to them through social media platforms or if you remove them. If the association is going to continue please ensure the PMF003 form is completed.

3.8. It is incumbent on all staff to declare any interest or association that might give rise to a professional conflict, or where one could be perceived, and report this to the PSD intelligence unit so that an assessment can be made. In time critical cases, a line manager should be informed as an interim measure. Where an association that may be perceived to affect impartiality has been identified, consideration should be given to another member of staff dealing with the incident or work activity.

3.8.1. PSD Intel can be informed of notifiable associations by completing form PFM003 - notifiable associations. The instructions on how to access this form are as follows:

• launch inSite through a web browser
• click on the 'tools' tab located at the top of the page
• click on the green banner on the right part of the page labelled 'iForms'
• scroll half way down the page and you should see a box with lots of labels. Hover over eForms and click on the 'eForms' link that appears to the left of it
• scroll all the way down the page and you should see the link to PFM003
• you will now be prompted with a login page. The login details are as follows:
  Username: your network login (e.g. 46060350)
  Password: your network password

3.9. It should be noted that there is no exemption from the Data Protection Act 2018 (DPA) as it relates to the relevant parts of the General Data Protection Regulation (GDPR), or the Law of Enforcement Directive (LED) in relation to force employees accessing information to determine whether an association requires declaration. Therefore officers/staff members cannot carry out checks on their associates or those of their colleagues using the force computer systems and may be liable for prosecution under the Data Protection Act if they do so. This function will be carried out by PSD Intel. If this information is not known to the officer or staff member but merely suspected this should be reported to PSD Intel for the appropriate checks to be carried out. Where an officer or staff member is unsure whether or not they should report an association they are encouraged to err on the side of caution and follow the reporting procedures.

3.10. 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 Prevent Team at Counter Terrorism Policing South East.

3.11. All members of Kent Police have a responsibility to report the circumstances and extent of any association that may impact on their ability to carry out their role. This should be seen as a preventative and supportive measure rather than a punitive process. In cases where doubt exists as to the requirement to report, staff should err on the side of caution, and report the details of the association so that further discussions can take place and advice given on how to protect against future problems, if that is appropriate.

3.12. When making any application for home working, staff must make the supervisor considering the application aware of any notifiable association as defined by this policy. An appropriate referral should be made to PSD Intel for assessment of the circumstances.

3.13. Where another member of staff is suspected of having an association requiring declaration that may give cause for concern that they have not declared, then the circumstances can be reported by any member of staff to the PSD Intelligence Unit, or anonymously via the anonymous email system (accessible from the force intranet system).

3.14. All members of Kent Police have a responsibility to report the circumstances and extent of any association that may impact on their ability to carry out their role. This should be seen as a preventative and supportive measure rather than a punitive process. In cases where doubt exists as to the requirement to report, staff should err on the side of caution, and report the details of the association so that further discussions can take place and advice given on how to protect against future problems, if that is appropriate. Where another member of staff is suspected of having an association requiring declaration that may give cause for concern that they have not declared, then the circumstances can be reported by any member of staff to the PSD Intelligence Unit, or anonymously via the anonymous email system (accessible from the force intranet system).

3.15. Victim/witness relationships: if Kent Police personnel enter into a relationship with a victim or witness connected to a live (i.e. not yet concluded) case then this relationship must be disclosed. Relationships in such circumstances could taint investigations and/or leave the officer or member of staff vulnerable to accusations of lack of impartiality during the investigation and court proceedings. Disclosure in such instances is mandatory. Where a member of staff or officer develops a relationship with a victim or witness who is deemed 'vulnerable', disciplinary action may be considered.

3.16. Deciding whether to make a disclosure: whether or not an association in fact requires declaration will be for the individuals involved in this process to determine based on an objective test. This test would be whether it would be obvious to a reasonable person that an association requires reporting, due to the possible perception that the association might compromise their integrity or impartiality. The following factors, which are not exhaustive, will be taken into account when making a determination on whether any other association should be declared: 

• the nature of the relationship and the extent and closeness of it
• the history of the person, group or organisation with which the member of staff has the association
• any known criminal convictions of the person or members of the group or organisation with whom the member of staff is associated
• the number, seriousness and frequency of the convictions and the time since the last conviction
• the suspected current involvement in crime or inappropriate activity

3.17. It should be noted that there is no exemption from the Data Protection Act 2018 (DPA) as it relates to the relevant parts of the General Data Protection Regulation (GDPR), or the Law of Enforcement Directive (LED), in relation to accessing information in order to determine whether an association requires declaration. Therefore staff must not carry out checks on associates using force computer systems, and may be liable for prosecution under the Data Protection Act if they do so. If the information is not readily known to the member of staff as a result of the association, or in the normal course of their duties, but is merely suspected, then this should be reported to PSD intelligence unit for the appropriate checks to be made.

3.18. Assessment procedure: When a report is received by the PSD Intelligence Unit, an initial assessment will be made and any further enquiries will be managed by them. Where the individual or the risk to the member of staff is assessed as significant, a meeting will be arranged with the relevant parties. The PSD Intelligence Unit will treat the information provided confidentially, and it will be stored securely.

3.19. Restrictions on the private life of members of police forces: Schedule 1 and regulation 6 of the Police Regulations 2003 as amended by the Police (Amendment) Regulations 2004 (SI 3216/2004), specifies the restrictions which apply to all members of a police force. These restrictions relate to political activity, political party membership, restrictions on residential premises and lodgers.

1(1) A member of a police force shall at all times abstain from any activity which is likely to interfere with the impartial discharge of his duties or which is likely to give rise to the impression amongst members of the public that it may so interfere.

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 SOP has been assessed as low risk.

6. Consultation

• Detective Chief Inspector Professional Standards
• Detective Constable Professional Standards

7. Monitoring and review

7.1. This SOP will be reviewed by Professional Standards every two years with the next review taking place in April 2025.

8. Security

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

9. Retention and disposal of records

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