Gifts, Donations or Hospitality (including Collections)

JavaScript is not enabled

Without JavaScript enabled forms will not work.

Part One – Policy

Policy Summary

This document provides guidance and an ethical framework which Officers & Staff are expected to observe, and determines the boundaries of acceptability around gifts, gratuities and hospitality. This Policy & Procedure provides the policy framework which Officers and Staff are expected to observe and sets out some guiding principles.

This document seeks to reinforce the need for officers and staff to understand how the acceptance of gifts, gratuities or hospitality can undermine personal and professional integrity; and to reinforce the importance of preventing allegations of corrupt practices or improper relationships with any member of the public or corporate body arising from the offer or acceptance of any gift, gratuity or hospitality.

The Code of Ethics, published in 2014 underpins all policy and procedure and can be found here. Please see the Principles section in this policy. (https://assets.publishing.service.gov.uk/media/5a7d867140f0b65084e75b94/Code_of_Ethics_2014_Web_Accessible.pdf)

Failure to comply with this policy could render an individual liable to disciplinary proceedings and may lead to criminal proceedings under the Bribery Act 2010.

Aim

During the course of work, staff will sometimes receive offers of gifts (which includes goods or cash) or hospitality. To refuse such offers may cause offence or hinder working relationships; however to accept may be wrong. If there is the slightest doubt about the wisdom or propriety of accepting an offer of a gift or hospitality, it should be refused.

This Policy & Procedure gives clear guidance to ensure Officers and Staff that they do not expose themselves to allegations of corruption or wrongdoing.

The action of a member of staff must not give rise to, or foster the suspicion that they have been, or may have been, influenced by a gift, donation, hospitality or other consideration to show favour or disadvantage to any person or organisation. Staff must not allow their judgement or integrity to be compromised in fact or by reasonable implication

Scope

Officers and staff- to accept/decline offers of gifts, donations, hospitality or other considerations in accordance with these guidelines.

Officers and staff are entrusted to be able to self-authorise offers of gifts, gratuities, donations and hospitality of £20 and under (unless exceptions apply).

Head of Professional Standards Department (PSD) – is to authorise acceptance of more substantial gifts, donations and hospitality over the value of £20 or other considerations which trigger an authority requirement.

Carrying out collections for staff leaving, birthdays, etc. and for collections for recognised charities or charitable events – Please see the Fund Raising Policy.

Compliance

The Law

The Bribery Act 2010 contains two general offences covering the offering, promising or giving of a bribe (active bribery) and the requesting, agreeing to receive or accepting of a bribe (passive bribery) at sections 1 and 2 respectively. The provisions of the Act extend the definition of bribery to include seeking (or agreeing) to bring about improper performance of duties, which includes a public function such as policing. Improper performance amounts to any breach of an expectation that a person will act in good faith, impartially, or in accordance with a position of trust.

The Act does not prohibit reasonable and proportionate hospitality and promotional and other similar business expenditure intended to improve the image of a commercial organisation, to better present products or services, or to establish cordial relations. It is however clear that hospitality and promotional or other similar business expenditure can be employed as bribes. Considerations in this regard will include the degree of lavishness of a gratuity or hospitality, its relative value, the industry norm, and the extent to which the gratuity or hospitality is connected to the business in question. The existence or otherwise of previously offered or accepted gratuities or hospitality may also be relevant.

In certain circumstances, offences under the Bribery Act could be committed as a result of a gift, donation, hospitality or consideration being requested or accepted by a friend or relative as well as by a member of Humberside Police.

Any concerns about approaches or suggestions from 3rd parties that could amount to an offence under the Bribery Act must be reported immediately to Professional Standards Department.

Principles

Police officers and staff are subject to the principles of the Code of Ethics and Standards of Professional Behaviour. Notably that they act with honesty and integrity, do not compromise or abuse their position, and makes clear that police officers and staff should never solicit the offer of a gift, gratuity, favour or hospitality in any way connected to or arising from their role within the police service, whether on or off duty.

A further guiding principle is that police officers and staff should not accept the offer of any gift, gratuity or hospitality if to do so might compromise their impartiality or give rise to a perception of such compromise

The offer of a gift, gratuity or hospitality should be declared irrespective of whether or not it is accepted or rejected by the recipient. This demonstrates integrity, particularly in instances where there is a concern over the motivation behind the offer of the gift, gratuity or hospitality. The principle of transparency is of key importance, not the nature or value of the gift, gratuity or hospitality.

To show the greatest level of transparency all GGHD will be published both internally and externally for the public to view as part of the Humberside Police Publication Scheme.

Police officers and staff should be aware that at times a refusal to accept such an offer may cause unnecessary offence or might hinder productive working relationships. Equally, to accept such an offer may be misinterpreted and could lead to inaccurate expectations of favour or service. Where doubt exists advice should be sought from Professional Standards Department.

During the course of their duties in the community, police officers or staff may well occasionally be offered gifts, gratuities or hospitality which do not in any circumstances amount to a breach of integrity on the part of either party. Examples of such can be found the specific sections for Gifts, Gratuities and Hospitality in Chapter One below

The action of a police officer or member of staff must not give rise to, or foster the suspicion that they have been, or may have been, influenced by a gift, donation, hospitality or other consideration to show favour or disadvantage to any person or organisation. Police officers and staff must not allow their judgement or integrity to be compromised in fact or by reasonable implication.

Gifts, donations, hospitality or other considerations, or offers of same, must be politely declined as soon as possible if there could be any doubt about the propriety of accepting them, with an explanation that the regulations of the service do not permit acceptance. However, there is no reason why members of the public should not be permitted to show their appreciation of police services by making a gift or donation to the Force as a whole through its Welfare and Benevolent Fund, the Police Dependants Trust, or any of the other police related charities. No gifts or donations should be accepted however, if there is the possibility of:

an ulterior or dishonest motive
the Force being under an obligation to the donor
any suspicion that police action could be influenced by the gift etc.
the donor being of doubtful character
the donor is known to have a mental health condition’

If in any doubt at all whether or not to accept a gift, donation, hospitality or other consideration, staff should immediately seek the advice of Professional Standards Department

Related Guidelines

Other Policy & Procedures that may overlap this area are:

Fund Raising
Business Interests and Voluntary Work
Pecuniary Interests and Corporate Governance

Other references

Local Government Act 1972 – Interest of Officers in Contracts.

Further Advice

The Guidance in this Policy & Procedure does not provide for every eventuality and officers and staff should not hesitate to seek advice from Professional Standards Department.

Part Two – Policy Procedure

Chapter One: Acceptance Criteria and Policy

Considerations

1.1 The following considerations should assist police officers and staff in determining the boundaries of acceptability of any gift gratuity or hospitality.

Genuine: Is this offer made for reasons of genuine appreciation for something I have done? Why is the offer being made, what are the circumstances, have I solicited this offer in any way or does the donor feel obliged to make this offer?
Independent: Would the offer or acceptance be seen as reasonable in the eyes of the public? Would a reasonable bystander be confident I could remain impartial and independent in all of the circumstances?
Free: Could I always feel free of any obligation to do something in return? How do I feel about the propriety of the offer? What are the donor’s expectations of me should I accept?
Transparent: Would I be comfortable that my acceptance of this offer was transparent to my force, colleagues, and to the public or was reported publicly? What could be the outcome for the force if this offer was accepted or declined

1.2 A Gift may be accepted if it is:

Of a trivial or inexpensive nature (for example, diaries, calendars, stationery or other small items offered during a courtesy visit or conference);
A small commemorative item(s) from visiting overseas law enforcement or governmental agencies or similar organisations;
A bona fide, unsolicited and inexpensive gift of thanks from members of the public or victims of crime offered to individual officers or teams in genuine appreciation of outstanding levels of service and where the offer of such a gift or hospitality cannot be courteously refused in a manner that does not cause offence or embarrassment to the organisation or individual making the offer.

1.3 All such gifts should nonetheless be subject of a declaration in the force register unless the exemption at 1.14 applies.

1.4 A Gift should not be accepted if it is:

From external contractors or companies tendering for work with the force or wider service;
A cash payment (other than donations to specific police charities or police supported charities);
A financial reward resulting from the publication of articles relating to the intended recipient’s role or duties as a member of a police force.

1.5 All such offers should nonetheless be subject of a declaration in the force register. Gratuities

1.6 A Gratuity may be accepted if it is:

An offer or discount negotiated through the Police Federation, the Superintendents Association, or other staff association or trade union;
A discount to public service workers including members of the police service offered on the basis that the organisation in question has a large customer base and the discount is of a trivial or inexpensive nature (and the force has given explicit approval for such an offer);
Free travel arrangements for officers and staff on active duty if approved and formally negotiated through the force.

1.7 There is no requirement to declare any such gratuity in the force register.

1.8 Gratuities which amount to individual gain from a points scheme when purchasing services, items or fuel on behalf of the organisation are not acceptable.

Hospitality

1.9 Hospitality may be accepted if it:

Extends to the impromptu provision of non alcoholic light refreshments during the course of policing duties;
Is a conventional meal provided during the course of a working day by another police force or partner agency in either law enforcement or community safety.

1.10 In either case there is no requirement to declare any such hospitality in the force register

1.11 Hospitality may also be accepted if it:

Is a conventional meal and is in accordance with the recipient’s duties, for example attendees at a meeting, seminar or conference organised by an external body; the annual dinner of a representative association of local authority which are limited to isolated or infrequent occasions and can be demonstrably in the interest of the force to attend. Such an offer of hospitality should be declared in the force register.
Involves attendance at relevant company sponsored conferences - is acceptable where it is clear the hospitality is corporate rather than personal and that any possible purchasing decisions are not compromised. Such an offer of hospitality should be declared in the force register.

Note - When receiving authorised hospitality, staff should be particularly sensitive as to its timing in relation to decisions which Humberside Police may be taking affecting those providing the hospitality. Account must also be taken of the nature of the relationship between Humberside Police and the organisation concerned and of the scale of the hospitality offered. If there is any doubt, the offer must be politely declined.

1.12 Hospitality should not be acceptable if it:

Amounts to regular free or discounted food or refreshments on duty or off duty where the hospitality offered is made solely because the recipient is a police officer or member of police staff;
Includes a degree of lavishness which is outside of the industry norm or is beyond any sense of common courtesy or reasonableness.

Note - Offers to attend private, social or sporting functions should not be accepted unless these are part of the life of the community or where Humberside Police should be seen to be represented. If in doubt seek advice from Professional Standards Department.

1.13 Such offers of hospitality should be declared in the force register.

1.14 An exemption to making a declaration in the force register applies to the following strict circumstances:

Impromptu and unforeseen provision of non alcoholic light refreshments in line with policing duties;
Is a conventional meal provided during the course of a working day by another police force or partner agency in either law enforcement or community safety.
Inexpensive promotional products from partnerships or conferences;
Discounts aimed at all members of the wider police service.

Dealing with an Offer

1.15 If a gift, donation, hospitality or other consideration:

Which falls into the categories mentioned at 1.14 is offered to a member of staff on duty or in connection with his/her duty or employment then this may be accepted. Neither further approval nor an entry in the register is required.
Which falls into the categories mentioned at 1.2, 1.6 or 1.11 is offered to a member of staff on duty or in connection with his/her duty or employment then this may be accepted but in making this decision regard must be taken to the considerations at 1.1.
In which the item is valued at £20 or under, the recipient is authorised to accept this without any authority and can ‘self[1]authorise’ (exceptions apply). This is done via the automated electronic GGHD website page. Exceptions are if the item is cash/Vouchers (of any value) and/or if the donor is categorised as a sub-contractor/sponsor, suspect or associated to a suspect. On submitting the item electronically, the recipient will receive an email stating whether it has been approved as a self-authorising item or if it requires further authority. If further approval is required, the item (if appropriate) should be booked into Property Other then Found (POTF) until such approval.
If you are just registering an offer, you will receive an email stating it has been registered and no further action required.
If in any doubt advice should be sought from Professional Standards Department. In any event a declaration needs to be made in the force register held by PSD.
In which the item is valued at over £20, or falls within an exception category, then this requires authority from the head of Professional Standards Department. On submitting the item electronically, the recipient will receive an email stating it requires further approval. The item (if appropriate),should be booked into Property Other then Found (POTF) until such approval is given. The recipient will receive an email informing them out the outcome and with instructions of what to do re the gift.
Which falls into the categories mentioned at 1.4, 1.8 or 1.12 is offered to a member of staff on duty or in connection with his/her duty or employment, whether money or in kind, it is to be refused and the individual will make a declaration in the force register and report the offer to the Professional Standards Department.
Is taken into a police station by a donor, or is received by post from a donor, the person receiving it shall enter the details in the 'Property Other Than Found Register' as soon as possible (for perishable items it is advisable to make immediate contact with Professional Standards Department for advice). The person receiving the gift will complete the declaration form on information known and submit this to the Professional Standards Department. The gift will be retained until a decision about its acceptance/rejection is made by the Head of the Department.

Note - There are occasions when a donor will insist on a police officer or staff member accepting a gift, hospitality or other consideration despite efforts to advise that it cannot be accepted. In these circumstances if continuing to refuse may result in the loss of the goodwill that generated the offer in the first instance, then the member of staff should accept it but explain that a referral will be made to Professional Standards Department to decide on acceptance. In the case of a gift the member of staff should issue a temporary property receipt (if available) and obtain the donor's name and address and inform the donor that authority for approval will be sought. The member of staff will then enter the gift into the ‘Property Other Than Found Register’ as soon as possible.

Other offers of reward

1.16 Customs Seizure Rewards - Any officer who qualifies for a reward from Her Majesty’s Revenue and Customs will submit a report to the Head of Professional Standards Department who will forward it, with recommendations, to the Deputy Chief Constable for consideration. All such offers should be subject of a declaration in the force register.

1.17 Payment for Interviews, Broadcasts, Talks and Lectures and Other Work - Any payment made for interviews, broadcasts, talks and lectures or other work must be declared and paid into the Humberside Police Fund.

Payment may only be kept if:-

the subject is unconnected with normal duties;
preparation etc. has not been carried out in working hours;
no police resources have been used to prepare and deliver the interview/broadcast/book/article etc;
membership of the Humberside Police is not an integral part of the interview or broadcast, talk or lecture;
An authorised business interest for the activity is in existence

AND

the matter has been reported to the Head of Professional Standards Department and approval given for retention of such payments. All such offers should be subject of a declaration in the force register.

1.18 In respect of written material by members of staff such as books or articles where payments are made and/or royalties received, the Force Solicitor must be contacted. He will decide on a case by case basis whether it is permissible depending on the extent to which the intellectual property which the officer has invested in the writing of the book has stemmed from his/her status in Humberside Police. Where approval is given it must also be declared as a ‘business interest’. All such offers should be subject of a declaration in the force register.

1.19 Where gifts are received, by the Corporate Communications Unit only, from current preferred suppliers and do not infringe in anyway with para 1.4 but can be constituted as potential 'incentive' material, the Corporate Communications Unit are, with the authorisation of the Head of Professional Standards Department permitted to accept and utilise the said gifts as part of prizes and incentives linked to individual performance, competitions or nomination. All such offers should be subject of a declaration in the force register.

Chapter Two

Chapter Three

REGISTER OF GIFTS, GRATUITIES AND HOSPITALITY

Location and Governance

3.1A central register of gifts, gratuities and hospitality for all staff will be maintained at Professional Standards Department. The Head of Professional Standards Department is responsible for the scrutiny, auditing and governance of the Register in line with wider corporate governance of matters of integrity and counter corruption, under the control of the Head of Department. An electronic form will be completed and submitted to Professional Standards Department for recording and approval were necessary as appropriate.

3.2 Head of Professional Standards Department will: a) nominate their senior administrative officer to maintain the register for the force and b) inspect the register on a periodical basis.

3.3 A list if all GGH will be published internally and externally each quarter

Declarations

3.4 Declarations of offers of gifts, gratuities or hospitality irrespective of whether accepted or rejected by the intended recipient should be made to ensure integrity, and particularly in instances where there is a concern over the motivation behind the offer of the gift, gratuity or hospitality.

Note - Apart from the exceptions set out at 1.14, all offers must be declared whether accepted or not.

3.5 Declarations must be made on the Force’s automated GGDH electronic form on the Professional Standards Department website.

Acceptance / Rejection Process

3.6 On submitting the item electronically, the recipient will receive an email stating whether it has been approved as a self-authorising item or if it requires further authority. If requires further approval, the item (if appropriate) should be booked into Property Other then Found (POTF) until such approval. For submission requiring further approval, the Head of Professional Standards Department will be notified via email. The recipient will then be notified by email whether the gift has been approved or not, and if not, instructions to the recipient with what to do with the gift and if/how to inform the donor

3.7 Once the decision has been made the donor, if appropriate, will be made aware of the decision in respect of their gift, donation or other consideration. The decision will be:

i. approved for acceptance and handed to the member of staff or

ii. approved for acceptance for a police benevolent or

iii. acceptance refused giving details of the reason for the decision and that arrangements will be made to return the gift.

3.8 Head of Professional Standards Department will then arrange for the gift, donation or other consideration to be dealt with in accordance with their decision and for the member of staff involved to be informed of the outcome.

3.9 In the event of a gift, donation or other consideration being refused and the donor is unknown, anonymous or refuses to accept its return then the Head of Professional Standards Department will, in the case of a gift, arrange with the property officer for the property to be sold by public auction. When property is sold by public auction it will be made clear that it is property gifted to but not accepted by the Police and that the true owner is unknown or will not accept its return. Proceeds from the sale will be paid into the Police Fund and details of the item(s) sold in this manner will be cross-indexed with the POTF registers and kept for audit purposes. Any item remaining unsold will be destroyed as having no saleable value and the register so marked.

3.10 Any gift considered to have no saleable value may be approved for destruction by the Head of Professional Standards Department without recourse to an auction.

3.11 When members of staff have rendered services beyond the normal call of duty and where the individual donors, members of the public or other bodies pursue their interest in presenting individuals with awards, then all or part of the gifts can be approved for retention. However, if the circumstances do not justify retention, the Head of Professional Standards Department may approve acceptance for a police benevolent fund provided they are satisfied about the circumstances in which the gift is offered.

3.12 Subject to the considerations of paragraph 1.1 there is no reason why members of the public should not be permitted to show their appreciation of police services by making a gift for the benefit of the Force as a whole in contributing to its Welfare and Benevolent Fund

Policy Database Administration

For Policy Unit Use Only

Document information:The table below lists the details relating to this document

Item	Details
Document Title	Gifts, Gratuities, Donations and Hospitality (including Collections)
Version	15
Owner	Professional Standards Department
Author / Reviewer	D/Sgt N Pahlen
Date of last review	15/12/2021
Date of next review	01/08/2024
Risk Assessed	Completed: Yes
Equality Impact Assessment relevance test	Completed: Yes
Full Equality Impact Assessment	Completed: No
Compliant with Human Rights Act 1998	Yes

Cookies