Recommendation - Hertfordshire Constabulary, March 2023

The IOPC recommends that Hertfordshire Constabulary develop and implement a general conflict of interest policy which covers potential scenarios which could arise between police officers and their neighbours and/or acquaintances.

It should also be considered whether this issue has relevance to the other forces who form part of the tri-force area (Bedfordshire and Cambridgeshire) and hence are overseen by the same Professional Standards Department (PSD).

This follows a case whereby a police officer researched police systems for information on his neighbour and her partner prior to submitting an intel report on them. Our review decision found that it would have been appropriate for the officer to have raised any concerns held about his neighbours to a line manager so that the line manager could have undertaken any relevant searches on police systems. This would have avoided a conflict of interest and the complainant holding a concern that the officer, her neighbour, had been privy to her personal information when he should not have been.

Do you accept the recommendation?

Yes

Accepted action:

2.1 Herefordshire accept recommendations and include the following in their existing policy – This policy is now live and extends to collaborative forces Bedfordshire and Cambridgeshire.as part of BCH Policy.
2.2 Authorised Users
2.2.1 Access to classified information systems is granted to personnel who need it to perform their duties in relation to the policing purposes; these personnel are considered to be “authorised” users.
2.2.2 Authorised users are not permitted to access classified information from national police systems and BCH information systems (in any format) for personal knowledge (browsing), use or disclosure
2.2.3 protocols (ISPs), data processing agreements (DPA’s) and contractual arrangements with service Definitions: 
a. Conflict of Interest (COI): A situation where an individual’s personal, financial, or other interests may interfere with the interests of BCH Police. 
b. Personal Interest: An interest that is not financial, such as a close personal relationship, a close professional relationship, or a personal involvement in a matter.
2.2.4 Identification of Conflicts of Interest: 
a. Personnel must disclose any actual or potential conflicts of interest to their supervisor. 
b. Personnel must not participate in decisions or actions that may result in a conflict of interest.
2.2.5 Avoidance of Conflicts of Interest: 
a. Personnel must avoid situations that may result in a conflict of interest. 
b. Personnel must not engage in any activity that may result in a conflict of interest. 
c. Personnel must not use their position within BCH for personal gain.
2.2.6 Disclosure of Conflicts of Interest: 
a. Personnel must disclose any actual or potential conflicts of interest to their supervisor. 
b. Disclosure must be made in writing and must include the nature and extent of the conflict.
2.2.7 In addition, staff are not permitted to search or access any classified information from local or national police systems when there is a clear conflict of interest. This should be carried out by an appropiate line manager. Failure to report a ‘COI’ may result in disciplinary proceedings being considered. 
2.2.8 For example An officer has been tasked to investigate a case of minor assault and discovers that the alleged offender is related to them or an acquaintance, e.g., a friend of a friend, a regular at the same local public house etc. 
2.2.9 In the example above, the appropriate manager must consider whether considering the declaration, it is prudent to allow the officer to continue with the investigation. By removing the officer from this investigation, it will negate any later suggestion that the officer treated the offender differently simply because of the relationship.
2.2.10 A member of staff has concerns about activity at their neighbours address. This could be safeguarding concerns not requiring immediate action, ASB or illegal activity and they are seeking to submit intelligence in relation to their neighbours.
2.2.11 In this example it would be appropriate for the officer / staff member to raise the concerns about their neighbour, to a line manager and that line manager to undertake any relevant searches on police systems and submit the intelligence report. 
2.2.12 The supervisor should also ensure they appropriately record their interaction along with any advice and support offered to the officer / staff member. By removing the officer/ staff member, it will negate any later suggestion that the officer has acted or accessed information inappropriately. 
2.2.13 This guidance is not intended to prevent anyone from reporting a matter to the police that requires attendance or reporting formally i.e a crime or incident in progress, welfare or safeguarding concern. 
2.2.14 This procedure does not prevent authorised users from ensuring that classified information is lawfully shared with delivery partners in accordance with local information sharing policies, information sharing providers. 
2.2.15 Authorised users must handle agreed information transactions with care, ensuring that transactions are appropriate, not excessive, and any disclosures are securely transmitted to the correct destination.