Homeless, Destitute and Stranded Persons

Transcription

1 Homeless, Destitute and Stranded Persons Standard Operating Procedure Notice: This document has been made available through the Police Service of Scotland Freedom of Information Publication Scheme. It should not be utilised as guidance or instruction by any police officer or employee as it may have been redacted due to legal exemptions. Owning Department Version Number Local Policing 4.00 Date Published 12/07/2017

2 Compliance Record Equality Impact Assessment Date Completed / Reviewed: 22/04/2015 Information Management Compliant Health & Safety Compliant Publication Scheme Compliant Yes Yes Yes Version Control Table Version Number History of Amendments Date 1.00 Initial Approved Version 12/03/ Minor changes to contact details and procedure in Appendices A and B. 22/04/ Transferred onto New Template 30/04/ Under the direction of DCC Johnny Gywnne the amendments noted in this SOP are in relation to grammatical changes only from the wording 'police office' to 'police station'. 11/07/2017 2

3 Contents 1. Purpose 2. Homeless and Destitute Persons 3. Stranded Persons 4. Language Considerations 5. Financial Administration Appendices Appendix A Appendix B Appendix C Appendix D Appendix E C Division E and J Division List of Associated Legislation List of Associated Reference Documents Glossary of Terms 3

4 1. Purpose 1.1 This Standard Operating Procedure (SOP) outlines the procedures and actions to be taken in circumstances where homeless, destitute and stranded persons request or require police assistance. 1.2 The Police Service of Scotland (PSoS) acknowledges its duty to protect life in accordance with the provisions of the Police and Fire Reform (Scotland) Act 2012 and Article 2 of the European Convention on Human Rights and the Human Rights Act PSoS will work in partnership with social services and other interested agencies to ensure that where homeless, destitute or stranded persons come into contact with the police, they are to receive the appropriate assistance. 2. Homeless / Destitute Persons 2.1 The Housing (Homeless Person) Act 1977, now consolidated into Part II of the Housing (Scotland) Act 1987, introduced statutory duties on housing authorities to assist those who are homeless or threatened with homelessness, which may include the provision of accommodation in certain circumstances. 2.2 Accordingly, the responsibility for the provision of shelter for persons who are homeless rests primarily with the Local Authority and all enquiries should initially be directed to them. 2.3 Homeless / Destitute persons who seek assistance from the police should be directed to the nearest Department of Work and Pensions office. Requests for assistance outwith normal office hours should be referred to Social Work Standby Services. 2.4 Notwithstanding, the police should give all reasonable assistance and in the absence of a suitable alternative a homeless person may, at the discretion of the officer in charge, be allowed to remain in the public foyer for one night at a police station. Under no circumstances should police cells or other detention facilities be utilised. 2.5 Care must be taken to ensure that those persons apparently homeless are not juveniles, young persons under supervision, missing, or wanted persons. Further guidance should be obtained from the Missing, Wanted and Found Persons, Abscondees and Escapees SOP. 2.6 Local Authorities have applied set criteria in circumstances where the homeless person is from the European Economic Area. 2.7 Ordinarily, EEA members, particularly from the new member states, have to be resident within the UK for one year before becoming eligible for either benefits or assistance with emergency housing/accommodation.

5 2.8 However, local authorities have agreed in general terms to judge each case on its own merit and where they deem it appropriate, provide assistance as and when necessary, based on the concerns raised by officers such as the citizen s health or whether they have dependants. 2.9 The following table lists the countries included in the EEA (as of 24 th June 2013): Austria Finland Italy Norway Belgium France Latvia Poland Bulgaria Germany Liechtenstein Portugal Cyprus Greece Lithuania Romania Czech Republic Hungary Luxembourg Slovakia Denmark Iceland Malta Slovenia Estonia Ireland Netherlands Spain Sweden 2.10 Where an individual declares that they originate from outside the UK, consideration should be given to establishing how they came to be present in the UK and whether it was as a result of Human Trafficking. For further guidance see the Human Trafficking SOP Should local authorities fail to provide assistance, officers should follow guidance as contained within paragraph 2.4 in providing reasonable assistance or consider contacting local charitable organisations, e.g. Salvation Army, who may offer assistance If attempts to secure accommodation are proving difficult, officers may also consider contacting the relevant Embassy / Consulate on behalf of the homeless person. The contact details of Embassies/Consulates, which may include an out-of-hours contact number, can be found via the Foreign & Commonwealth Office website under Directory and thereafter selecting Foreign Embassies in the United Kingdom. 3. Stranded Persons 3.1 Officers should offer all reasonable assistance to persons who find themselves stranded without means. Cases of exceptional need will sometimes occur and officers are encouraged to use their professional judgement and discretion to offer additional assistance where appropriate. 3.2 At the discretion of the on duty patrol Inspector, funds may be advanced to stranded persons from Imprest / Petty Cash or a Police Travel Warrant issued providing all the following conditions apply: The stranded person cannot identify someone with a telephone and credit/debit card that would be willing to pay the money to cover the fare 5

6 direct to bus or train company; and The public or private transport available will not offer facilities without cash payment; and The same assistance cannot be reasonably obtained elsewhere; and Where appropriate, the amount to be advanced has been lodged at another police station on behalf of the stranded person as per paragraph. 3.3 If someone is stranded without his / her fare home and asks for police assistance, arrangements may be made for a friend or relative to lodge the fare on their behalf at their local police station and, once this has been confirmed, the fare can be given to the stranded person and later recovered from the police of the destination area. 3.4 Care should be taken to ensure that the money will indeed be used for this purpose, especially in situations where the individual concerned is clearly under the influence of drink or drugs. 3.5 Any reasonable request from other Local Policing Areas or Forces outwith Scotland to contact friends / relatives and obtain assistance for stranded persons should be accommodated. 3.6 Any stranded person found in a position considered vulnerable (taking into account all relevant circumstances including location, time of day, likely threat to the person, any representations made by them and the duty of the police to protect life) should be offered police assistance in moving to a safer location. 3.7 Such assistance will normally only involve helping to arrange transport at the person s own expense, however where this is not possible, the person should be offered police transport to a police station or other suitable safe place nearby, where other arrangements can be made. 3.8 Only in exceptional circumstances, and with the authority of a supervisor, will the person be taken home by police. 4. Language Considerations 4.1 Where appropriate, consideration should be given to utilising interpreting translating services in dealing with anyone with a language barrier. Reference should be made to the Interpreting and Translating Services SOP for further guidance. 5. Finance Administration 5.1 Where a person arrives at a police station to lodge money for a stranded person in another Local Policing Area: Contact the office where the stranded person is presently at; 6

7 Obtain details of the travel cost; Take the total amount of money from the relative or friend and issue them with a receipt; and Lodge the money in accordance with local procedures 7

8 Appendix A C DIVISION HOMELESS / DESTITUTE 1 Should a person present at a police station within the Falkirk area during office hours, they should be directed to the Camelon Housing Office drop in service, telephone ***. 2 Should a person present at a police station within the Falkirk area outside of office hours they should be put in contact with Falkirk Council Homeless Standby service Telephone ***. *** - This Content has been removed, due to it being exempt in terms of Section 35 of the FOI (Scotland) Act

9 Appendix B E AND J DIVISIONS STRANDED PERSONS 1. In the City of Edinburgh, cash ***. 2. In West Lothian, this cash ***. 3. In Midlothian / East Lothian, this cash ***. 4. In the Scottish Borders, ***. *** - This content has been removed, due to it being exempt in terms of Section 35 of the FOI (Scotland) Act 2002.

10 Appendix C List of Associated Legislation Police and Fire Reform (Scotland) Act 2012 Article 2 of the European Convention on Human Rights and the Human Rights Act 1998 Part II of the Housing (Scotland) Act

11 Appendix D List of Associated Reference Documents Standing Operating Procedures Interpreting and Translating Services SOP Missing, Wanted and Found Persons, Abscondees and Escapees SOP Human Trafficking SOP External Links Foreign & Commonwealth Office website 11