Freedom of Information and Data Protection

Similar documents
Freedom of Information and Data Protection

POLICY STATEMENT ON RECRUITMENT AND EMPLOYMENT OF EX-OFFENDERS

EQUAL OPPORTUNITIES (STAFF) POLICY

Threats to Life - Policy

The Equality Act 2010 Discrimination and Other Prohibited Conduct

Equality, Good Relations and Human Rights Screening Template

Thames Valley Police Single Equality Scheme

The Newcastle upon Tyne Hospitals NHS Foundation Trust. Employment Policies and Procedures. Policy Statement on the Recruitment of Ex-Offenders

Date First Issued: Date of Last Review: Date of Next Review: Version Number: 1.0

Equality, Good Relations and Human Rights Screening Template. Title : Statutory and Mandatory Training Policy

Welsh Language Commissioner: Strategic Equality Plan

Policy & Procedural Arrangements relating to Driving for Work

NORTHERN IRELAND GUARDIAN AD LITEM AGENCY. Lone Working Policy & Procedure

St. Laurence Catholic Primary School

Equality Impact Assessment

EQUALITY SCREENING TEMPLATE

Equality and Human Rights Screening Policy

Recruitment of Ex-Offenders Policy

Equality and Human Rights Screening Template

Holy Trinity Catholic School. Whistle Blowing Policy 2017 BIRMINGHAM CITY COUNCIL WHISTLEBLOWING POLICY 2015 ADOPTED BY HOLY TRINITY CATHOLIC SCHOOL

Disclosure and Barring (DBS) Policy

EQUALITY AND DIVERSITY POLICY

External Speakers and Freedom of Speech Guidelines

RAPE AND SERIOUS SEXUAL OFFENCES INVESTIGATION POLICY

EQUALITIES AND DIVERSITY POLICY

Force Communications Centre

Whistleblowing & Serious Misconduct Policy

Review of NIPEC Accommodation Strategic Outline Case / Business Case

Equality and Human Rights Screening Template

EQUALITY SCREENING TEMPLATE

NO PLATFORM FOR EXTREMISM. Responding to speakers promoting messages of hatred and intolerance POLICY. Rationale. 1.Introduction

No Platform for Extremism

SUTTON COLDFIELD GRAMMAR SCHOOL FOR GIRLS NO PLATFORM FOR EXTREMISM POLICY

Springfield Primary School

ANTI-FRAUD, BRIBERY AND CORRUPTION POLICY

Delivering the Prevent duty in a proportionate and fair way

Scottish Police Federation

Invest NI Section 75 Screening

Policy Document. Martyn Jewell, Board Business Manager. Healthwatch Dorset Website and Intranet. 1. Introduction 2

Commissioning Director for Environment

The role of the College in promoting and encouraging free debate and enquiry is reinforced in two pieces of legislation:

WEST MIDLANDS POLICE Force Policy Document

Direct Discrimination: treating someone less favourably than you would treat others because of a Protected Characteristic

Equality Impact Assessment Tool: Policy, Strategy and Plans (Please follow the EQIA guidance in completing this form)

Freedom of Information Policy

CHAPTER 4 NEW ZEALAND BILL OF RIGHTS ACT 1990 AND HUMAN RIGHTS ACT 1993 INTRODUCTION

BCH 13/001 Traffic Enforcement Cameras Procedure

Executive summary Malta Country report on measures to combat discrimination by Tonio Ellul

DBS Policy. Dulwich Hamlet Educational Trust Dulwich Hamlet Junior School and The Belham Primary School

CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION

WILTSHIRE POLICE POLICY

Premises Closure ( Crack House Closure) Policy

The position you have applied for is exempt from the Rehabilitation of Offenders Act 1974 (as amended in England and Wales).

ANTI - BRIBERY POLICY & PROCEDURE

CCRTA MEETING 25 JANUARY 2018

BCH09/001 Major Crime Unit Policy

for Policies & Procedures

EQUALITY IMPACT ASSESSMENT PRELIMINARY SCREENING

CCG CO06: Anti-Fraud, Bribery and Corruption Policy

Rape and Serious Sexual Offences Investigation Combined Policy

for Policies & Procedures

Schools Subject Access Request Procedures

Data Protection Policy and Procedure

What Are Human Rights?

WILTSHIRE POLICE FORCE PROCEDURE

Fit and Proper Person Requirement Policy

Equality Impact Assessment:

The British Dance Council s Complaints Procedure

Public Defender Service. Code of Conduct

Recruiting ex offenders policy

APPEAL. (to be filled in by the Court's Registry Office) a) First and last name/name of legal entity c) Tel/Fax

STRESS CLAIMS PROTOCOL

PREVENTING RADICALISATION (411d)

Equal Opportunities Policy

Corporate Health and Safety Policy Equality Impact Assessment

GENERAL PROTOCOL FOR SHARING INFORMATION BETWEEN AGENCIES IN KINGSTON UPON HULL AND THE EAST RIDING OF YORKSHIRE

PROCEDURE (Essex) / Linked SOP (Kent) Data Protection. Number: W 1011 Date Published: 24 November 2016

Cardiff University Code of Practice on Freedom of Speech

Simplified Version of the Declaration of Rights:

INFORMATION SHARING AGREEMENT This document is NOT PROTECTIVELY MARKED

FIXED PENALTY NOTICE (FPN) POLICY FOR LITTERING FROM VEHICLE OFFENCES

CRIME AND INVESTIGATION RECORDING POLICY

Preventing Extremism and Radicalisation Safeguarding (PREVENT) Policy

The Non-Discrimination Standards for Government and the Public Sector. Guidelines on how to apply the standards and who is covered

Equality Act CHAPTER 15

DECLARATION FORM. Page1

The Victims Commissioner s Scoping Review into the Measurement and Monitoring of Victims Satisfaction with the Police.

Convention on the Elimination of All Forms of Discrimination against Women

WEST MIDLANDS POLICE Force Policy Document

DISCRIMINATION (JERSEY) LAW 2013

HUDOC: List of Keywords Article by Article

NHS Dumfries and Galloway Equality and Diversity Workforce Data Report 2016

Fit and Proper Person Policy and Procedure

Freedom of Speech. Policy. Reference: Version: 2.00 Status: Final Author: Kate Greenway Date: 06/12/2017 File:

THE EDUCATION VILLAGE ACADEMY TRUST PROTECTING CHILDREN FROM EXTREMISM AND RADICALISATION POLICY

Human Rights Defenders Fact Sheet. Private Military/Security Companies

The Equality Act 2010:

Equality, diversity and human rights strategy for the police service

CHAPTER 2 BILL OF RIGHTS

CONCERNS & COMPLAINTS POLICY. November 2017

Transcription:

Devon & Cornwall Police Policy Impact Assessment Assessment Date: 03/05/16 Policy/Working Practice Title and Number D350 Critical and Major Incident Management Policy/Working Practice Version Date 22/02/17 Associated Working Practices Name of Business Area and Lead Name of person carrying out PIA C/Supt Jim Nye PIA Publication Date 22/02/17 This PIA was last reviewed on: 13/02/12 Operational Policy Officer Freedom of Information and Data Protection Has the policy been FOI marked and exemptions identified? Have the associated working practices been FOI marked and exemptions identified? Does the policy refer to personal information? Do the associated working practices refer to personal information? Are time periods for retention or the process for removal and disposal defined in the document? If no what legislation governs the retention and disposal of the personal information? /N/a Yes/ No/N/a Yes/No/N/a Health and Safety Do the policy or working practices have any health and safety implications for the public or staff? If yes, are these covered by any of the Generic Risk Assessments? List GRA reference numbers where applicable Has advice been sought from Health and Safety or Occupational Health? /N/a GRA 10.11 Disaster Victim Recovery GRA 10.12 major Incident Temporary Morturuay Duties 1

Name, date and comments received: Equality Impact Initial Screening 1. Significance & Impact: The relevance for equality depends on the nature and extent of the impact not just the numbers of people affected. Do the proposals affect service users, employees or the wider community? Do the proposals significantly affect service delivery, business processes or policy? Does it involve a significant commitment of resources? Do the proposals relate to an area where there are known inequalities? (e.g. hate crime, domestic abuse, accessibility, recruitment & progression) 2. What is the purpose of the policy/working practice? The purpose of policy D350 is to provide guidance for relevant staff in relation to critical and major incident amangement. Further, it provides definitions of critical and major incidents, and acknowledges APP guidance provided in this area of business. This policy draws together the guidance offered in a number of other policies, such as D143 Road Death Investigation, D83 Polcie use of Firearms (Operational) and D76 Police Search Operations. These documents are, enabled in this business area by D350 and they have their own PIAs / EIAs for their specific area of the business. 3. Relevance: How does the aim and purpose of the policy/working practice relate to each of the aims of the public sector equality duty? This section must be fully completed for each PIA. a) To eliminate unlawful discrimination, harassment, victimisation and other conduct prohibited by the Equality Act 2010 In terms of a critical incident, the impact of one being declared will be highly likely to have a significant affect on the confidence of the victim, their family and or the community. The policy is highly strategic in nature, dealing with the management of a critical incident, as opposed to a specific area of crime. Where the incident relates to a specific crime, such as murder or child abuse, the policy and impact assessment for that type of 2

incident will contain the information on actions to eliminate unlawful discrimination. b) To advance equality of opportunity between people from different groups c) To foster good relations between people from different groups. The policy shows due regard by defining itself in accordance with what is recognised nationally, thereby promoting service delivery that can be applied in a nondiscriminatory way between those with protected characteristics. In following the guidance referred to in (b) above, this force will address such incidents in a way which will address the different needs and requirements of different groups at different times. 4. Is it likely that the proposals could affect particular protected groups differently? Age Disability Sexual Orientation Race Sex Religion or Belief Gender reassignment Pregnancy and Maternity Marriage or Civil Partnership Status Please provide details for each protected group where you have indicated Yes. Although it could be interpreted that all the above protected groups could be affected, as mentioned in section 2, the impacts are addressed in the PIA / EIAs for the supporting policies as mentioned in appendix B. 5. Have you identified any potential interference or issues in relation to Human Rights? Please note that the articles mentioned here represent some, but not necessarily all o the potential interferences under the Human Rights Act. Any and all other articles could, and should be considered, dependant on the nature of the incident, as per section 2 and 3(a). Article 2: Right to Life Article 5: Right to Liberty and Security Article 3: Prohibition of torture Article 6: Right to a fair trial Article 4: Prohibition of slavery and forced labour Article 7: No punishment without law 3

Article 8: Right to respect for private and family life Article 11: Freedom of assembly and association Article 1 or protocol 1: Protection of property Article 9: Freedom of thought, conscience and religion Article 12: Right to marry Article 2 of protocol1: Right to education Article 10: Freedom of expression Article 14: Prohibition of discrimination Article 3 of protocol 1: Right to free elections 6. Where any potential interference has been identified at section 5 please answer sections a-d below: Please note Articles 3,4,7, the first part of 9 as well as protocol 13 are absolute rights and cannot be justified. These must be mitigated within policy. The other Articles are qualified rights and must be justified within policy where mitigation is not possible. a) What is the potential for interference with an individual s rights? Article 2 Right to life. Article 3 Prohibition on Torture. Although any incident has the potential to become a major or critical incident, this definition includes incidents where an individuals right to life is potentially threatened, or where torture is an issue, for example. This policy addresses and mitigates this threat at a strategic and operational level, as detailed in the test of the policy as a whole. First Protocol, Article 1 Protection of Property A critical or major incident could, for example, result in the forced evacuation from an individuals home, thus denying them peaceful enjoyment of their possessions. b) What is the legal basis? Articles 2 and 3 The legal basis for the actions detailed within policy are contained within a wide range of legislation, dependant on the specifics of the incident. For example, an incident where the use of force is utilised is governed by Common Law Section 3 Criminal Law Act 1967 Section 117 Police and Criminal Evidence Act 1984 The Human Rights Act 1998 The Police (Conduct) Regulations 2008 the Police Standards of Professional Behaviour First Protocol, Article 1 The Human Rights Act empowers the state the right to enforce such laws as it deems necessary to control the use of property in accordance with the general interest 4

c) Are the interferences necessary? What are the legitimate aims? Articles 2 and 3 All potential interferences are supported in the relevant legislation. The legitimate aims are detailed in paragraph 1.1 of the policy, and states:- As part of this aim the Force is committed to the prevention and detection of crime, the protection of vulnerable communities and preserving the rights of individuals. In pursuit of these commitments this guide is designed to assist practitioners in identifying critical incidents and their subsequent management. The advice assists in identifying appropriate police responses to critical incidents, and recognises the potential to prevent incidents from becoming critical. The principles for both are the same the need to take advice and deploy resources early to prevent the need for remedial action later. First Protocol, Article 1 See response at (b) above. d) Are the interferences proportionate? See (c) 6. Proceed to full Equality Impact Assessment? 7. Seen by Equality and Diversity Unit Name: Date: Sent 23/05/16 (receipt acknowledged) Comments: None received. 8. Approved by Business Lead Name: C/Supt Jim Nye Signature: Date: 04/01/17 If progressing to full Equality Impact Assessment use the Equality and Diversity EIA template and start at step 2 (box 8). Both PIA and EIA together constitute a full EIA document. 5