Recommendation - Kent Police, June 2023
We identified organisational learning from a review following an investigation. The complainant was arrested on suspicion of grievous bodily harm in November 2020. He had been released on licence following an earlier, unconnected offence. An officer relayed information relating to the offence in November to the assigned probation officer, as requested, and he was recalled.
IOPC reference
Recommendations
The IOPC recommends that Kent Police creates a Policy or Standard Operating Procedure (SOP) in respect of the relaying of information to Probation Services by officers or police staff. It is anticipated that this would ensure clarity as to an officer’s responsibilities and accountabilities in the course of carrying out this duty, particularly with regard to any fact-checking or evidential audit trail requirements. It is also hoped that such a Policy / SOP would assist in identifying where something has gone wrong.
This follows an IOPC review in which a police officer was tasked with contacting probation services to relay information in connection with the arrest, and circumstances surrounding that arrest, of an individual released on licence. He was subsequently recalled to prison. A complaint was received by Kent Police, primarily in relation to an assertion that information passed to Probation Services was false, which has led to his view that this amounts to lies and corruption.
In reviewing matters, I note the force have concluded the officer relayed information as she understood it at that time, although it is acknowledged there were some anomalies. It is apparent that information was obtained from a number of police sources, some of which was potentially verbally during a handover or briefing. The force found that certain facts should have been checked or clarified and recommended feedback / learning for the officer.
I have clarified that the force do not have any policies or procedures that cover this process (just one on information sharing which fundamentally relates to data protection). It is my view that if the force are to suggest their officer should have acted differently, it would be preferable if they were able to clearly demonstrate the failure in the process. As things stand, I have some concerns that an officer's obligations for elements such as fact-checking and recording an evidential audit trail are unclear. The creation of a SOP or Policy would, hopefully, reduce this risk and help to mitigate any reoccurrence.
Do you accept the recommendation?
No
If not accepted please provide reason for this:
The Probation Service are designated as Competent Authority under the Data Protection Act 2018 when acting in pursuance of arrangements made under section 3(2) of the Offender Management Act 2007. Under Pt.3(1), (31) & (35) it is lawful to process personal information when it is necessary for the performance of a task carried out by a competent authority for a law enforcement purpose. This includes sharing information with another competent authority.
When sharing data with other organisations which are not competent authorities the Kent and Medway Information Sharing Agreement (KMISA) outlines data protection expectations. The KMISA is a broad, overarching agreement that is complemented by a repeat sharing form to address regular and ongoing sharing. It outlines the types of data, purpose, lawful basis and process for sharing information.
In terms of the recommendation to create ‘a policy or standard operating procedure (SOP) detailing the process officers and police staff are expected to follow when relaying information to Probation Services or similar external agencies’, Kent Police already has a comprehensive Data Protection policy in place (Force Policy W1011) which covers the processing of personal data. It should be noted that the term ‘processing’ includes the act of disclosing data. This policy sets out the six core principles of data protection relevant to law enforcement processing which includes ensuring the accuracy of data.
In addition to the above policy, Kent Police also undertakes regular data protection training with all officers and staff including initial data protection training before systems access is granted, and mandatory annual refresher training to ensure that responsibilities are well understood. This training again emphasises the requirement to ensure the accuracy of any data held as well as the requirement for auditable records of information sharing to be kept along with a clear rationale for disclosure.
As such Kent Police does not consider that further policy or standard operating procedures are necessary to address this recommendation.