DURHAM CONSTABULARY POLICY

Transcription

1 DURHAM CONSTABULARY POLICY Durham Constabulary Freedom of Information Act Publication Scheme Name of Policy Force Vetting Policy Registry Reference No. DCP 156 Policy Owner Head of PS&LS Command Date approved at FMG 14 June 2011 Life Span 3 years Version 2.0 Protective Marking Not Protectively Marked Publication Scheme Y/N Yes All Durham Constabulary policies are drafted in accordance with Human Rights and Equality Legislation 1

2 Version Control Version Date Reason for Change 1.0 July September 2014 Initial document to comply with ACPO NVP Reviewed with no changes Produced / Amended by Vetting Co-ordinator - Vetting Unit Professional Standards Vetting Co-ordinator - Vetting Unit Professional Standards 2

3 1.0 Name of Policy 1.1. Force Vetting Policy 2.0 Purpose and Scope 2.1. The primary objective of the policy is to safeguard Durham Constabulary criminal intelligence, operational and financial assets and to preserve the safety and welfare of staff and those with whom the organisation works in partnership. The policy applies to all Police Officers, Police Staff, Special Constabulary, Contractors, Volunteers and members of other agencies working with the constabulary or accessing its buildings and systems Durham Constabulary Vetting Policy is directly linked to the implementation of the ACPO Protective Marking Policy this being based on the Government Protective Marking Scheme (GPMS). The policy adopts the same protective markings RESTRICTED CONFIDENTIAL SECRET TOP SECRET. It is Durham Constabulary policy to ensure posts within the organisation are vetted to a level in line with the sensitivity and confidentiality of the information the post-holder is likely to have access to In the application of this policy, the police community will not unlawfully discriminate against any persons regardless of sex, sexual orientation, disability, race, colour, language, religion, political, or other opinion, national or social origin, association with national minority, property, birth or other status as defined under Article 14, European Convention on Human Rights (ECHR). Consideration has also been given to the compatibility of the policy and related procedures with the Human Rights Act; with particular reference to the legal basis of its precepts; the legitimacy of its aims; the justification and proportionality of the actions intended by it; that it is the least intrusive and damaging option necessary to achieve the aims; and that it defines the need to document the relevant decision making processes and the outcome of the actions. 3.0 Motivation or Driving Forces 3.1. A comprehensive and proportionate vetting strategy will assist Chief Officers to fulfil their responsibilities to maintain an efficient and effective force, as required under the Police Act it will also assist in compliance with Principle 7 of the Data Protection Act 1998, the requirements of the Health and Safety Act 1974, section8(1) of the Official Secrets Act 1989, Section 115 Crime and Disorder Act 1998, and Section 82 Police Reform Act Effective vetting procedures for recruitment and for high risk posts are key elements of the ACPO Corruption Prevention Strategy, which was published in April (see paragraphs 9 and 10 of the Strategy paper entitled A Document to Assist Chief Officers Assess the Vulnerability of their Force to Corruption ). 3

4 3.3. The policy identifies the minimum standards that forces should adopt to ensure a consistent, structured and accountable approach to vetting across the Service. 4.0 The Legal Basis and Legitimate Aims The legal basis for this policy can be found within the following: Police Act 1996/Police (Scotland) Act 1967 European Convention on Human Rights (ECHR) Official Secrets Act 1989 Health and Safety at Work Act 1974 Data Protection Act 1998 Crime and Disorder Act 1998 Police Reform Act Policy Statement 5.1. Durham Constabulary is committed to the maintenance of the highest levels of honesty and integrity, and to the prevention of corrupt, dishonest, unethical and unprofessional behaviour. This policy is based on the ACPO / ACPOS National Vetting Policy and is drafted to support that commitment by creating an understanding of the principles of the rationale behind vetting in the police community, thereby establishing uniformity in vetting procedures There are currently two types of vetting procedures in operation within the police community: i) National Security Vetting (NSV) Includes Counter Terrorist Check (CTC), Security Check (SC), and Developed Vetting (DV). Force vetting procedures must be underpinned by the completion of successful identity checks. ii) Force Vetting Includes Recruitment Vetting (RV), Management Vetting (MV) and Non Police Personnel Vetting Levels (NPPV). The purpose of National Security Vetting is to protect sensitive government national security assets, by providing an acceptable level of assurance as to the individuals who have access to protectively marked government assets and/or who require access to persons, sites and materials, at risk of terrorist attack. The purpose of Force Vetting is to provide a similar level of assurance as to the integrity of individuals who have access to sensitive criminal intelligence, police premises and financial or operational police assets. Force Vetting and NSV are separate processes, designed to counter specific threats. 4

5 5.3 Where a trace is discovered, the decision on whether or not to approve clearance will be made with discretion and on a case by case basis, with each case considered on its own merits. 6.0 Brief Description of the Attached Appendices 6.1. Associated Documents (Standard Operating Procedures (SOP)): SOP 1 - Authentication SOP 2 - Recruitment Vetting SOP 3 - Non Police Personnel Vetting SOP 4 - Management Vetting SOP 5 - Aftercare & Retrospective Vetting SOP 6 - National Security Vetting SOP 7 - Appeal/Review Process Glossary of Terms & Abbreviations Associated Policies: ACPO/ACPOS National Vetting Policy for the Police Community HMG Security Policy Framework (SPF) Durham Constabulary Force Information Security Policy NPIA Circular 01/2010 HOC 54/ Monitoring and Review 7.1. This policy and associated procedures will be reviewed by the Force Vetting Manager annually. 8.0 How to Complain 8.1. Requests for an appeal or a review must be made in writing and must be from the applicants themselves It should be noted that the Chief Constable reserves the right to refuse employment without giving reason under Section 6 of the Police Act 1996 and the Police (Scotland) Act All complaints, appeals and reviews will be dealt with in a fair and proportionate manner and consideration will be given to consulting the Professional Standards and Legal Services Department for advice on such issues If at any time an internal vetting candidate has a grievance in relation to the vetting process they should raise the grievance with their relevant supervisor who will endeavour to resolve the grievance. 5

6 8.5. Complaints about the overall policies and procedures of a police force, as well as a number of other issues relating to quality of service or operational decisions should be made to the Chief Constable of Durham Constabulary at the following address: The Chief Constable Police Headquarters Aykley Heads Durham DH1 5TT Tel: 101 Fax: CFR@durham.pnn.police.uk 6