Safe to Share super-complaint

Follow up to recommendations made in the report “Safe to Share? Report on Liberty and Southall Black Sisters’ super-complaint on policing and immigration status”

Humberside Police takes this super complaint report very seriously and is committed to working with the NPCC, HMCIFRS, Home Office and College of Policing to continuously improve the service to victims and witnesses in the context of the issues raised.

We were pleased to have been able to take part in the inspection that contributed to the published report and for the following areas of best practice having been recognised:

• Only one force referred to the existence of any protocol between the police and Immigration Enforcement to clarify the limits of information sharing and the responsibilities of each agency in joint operations – Humberside Operation Newlyn
• Humberside Police have recognised that officers need further guidance on the legal basis for sharing information in particular circumstances. They told us that they are developing a training package that includes flow charts with simple yes/no questions to guide officers’ decision-making.

The first principle of our Information Sharing Policy sets out our approach to balancing the rights of victims and witnesses with our legal obligations:

• Sharing personal information fairly involves being open and transparent with the individuals whose information is to be shared. There is a requirement to inform people about the purposes of the information sharing and the agencies that will share the information, usually in the form of a Privacy Notice. Under some circumstances, an exemption from providing a Privacy Notice may apply, especially within the Police Service for example, where the provision of this information would prejudice a current criminal investigation. 
• There is a common law duty of confidence where information of a personal or sensitive nature is collected and recorded. A breach of confidence will apply when the information collected and recorded is used in an unlawful manner. 
• Personal information disclosed by the force is likely to be sensitive in nature. Agencies that are partners in an information sharing arrangement accept that such information will not be disclosed without the consent of the individuals concerned, unless there are statutory grounds and, in the case of confidential personal information, an overriding public interest or justification to disclose. When seeking information from other information sharing partners, force staff will respect the responsibility of confidentiality and will not seek to override the procedures which each agency has in place to ensure information is not disclosed illegally or inappropriately. Any conditions imposed by the recording agency should be observed. 

Exceptions to the duty of confidence are: 

• where there is a legal requirement (either under statute or a court order) to disclose the information
• where there is an overriding duty to the public (for example, where the information concerns the commission of a criminal offence or relates to life-threatening circumstances)
• where the individual to whom the information relates has consented to the sharing. 
  In certain circumstances, consent does not need to be sought. For example, where the request to share personal information meets a policing purpose, and does not compromise operational procedures or an individual’s safety. An assessment of the vulnerability of those at risk and the impact of the disclosure on the individual will need to be made before making a decision whether to seek consent. The police also owe a duty of confidentiality to victims and witnesses of crime who may expect a greater level of privacy than offenders. A balance has to be struck between sharing information and the rights of victims and witnesses to privacy.

The issues raised in the report are under continuous review as part of our governance process, and our policies are regularly reviewed to consider the impact on victims and witnesses, best practice and guidance from the College of Policing. 

Community outreach work is a core part of our Neighbourhood Policing Strategy, particularly focussed on harder to reach groups. We regularly engage with public representatives, community group leaders and faith organisations to shape our services, through regular consultation sessions and forums out in the community. 

The issues raised in the report will continue to be reviewed to provide the best possible experience for victims and to continuously improve reporting confidence, and any specific future guidance from the NPCC, College of Policing or HMICFRS will be implemented accordingly.