WEST MIDLANDS POLICE Force Policy Document POLICY TITLE: POLICY REFERENCE NO: GIFTS, GRATUITIES & HOSPITALITY POLICY PS/06 Executive Summary The purpose of this document is to inform all West Midland Police officers and staff of the consideration to be made and necessary controls in place when accepting and/or offering gifts and hospitality. It is important that the public has trust in the honesty and integrity of the Force and that all officers and staff recognise, that in order to retain public confidence, transparency and openness is applied. This policy provides guidelines to ensure that the recording of accepted or declined gifts, hospitality and gratuities is carried out in accordance with required standards of professional behaviour and relevant legislation, specifically the Freedom of Information Act 2000, Bribery Act 2010, Prevention of Corruption Act 1906 and the Prevention of Corruption Act 1916. **Any enquiries in relation to this policy should be made be made directly with that of the policy contact / department shown below. Intended Policy Audience This policy is aimed at all police officers, staff, special constables and PCSOs. Current Version And Effective Date. Version 1.1 4 November 2013 Business Area Owner Department Responsible Professional Standards Professional Standards Department Policy Contact Chief Inspector Debra Doyle (PSD) 8800 3129 Policy Author Approved By Steve Middleditch Corporate Services Manager Mr Thompson (Deputy Chief Constable) Policy Initial Implementation Date 23/07/2012 Review Date 01/11/2015 Protective Marking Suitable For Publication Freedom Of Information Not Protectively Marked Yes. (no restrictions see section 7) Version 1.1 1 4/11/2013
Supporting Documents Policy directly supporting documents. Gifts and Hospitality recording form WG450 (click here). Evidence Based Research Full supporting documentation and evidence of consultation in relation to this policy including that of any version changes for implementation and review, are held with the Force Policy Co-ordinator including that of the authorised original Command Team papers. Please Note. PRINTED VERSIONS SHOULD NOT BE RELIED UPON. THE MOST UPTO DATE VERSION OF ANY POLICY OR DIRECTIVE CAN BE FOUND ON THE EQUIP database on the Intranet. Version 1.1 2 4/11/2013
Force Diversity Vision Statement and Values Eliminate unlawful discrimination, harassment and victimisation. Advance equality of opportunity and foster good relations by embedding a culture of equality and respect that puts all of our communities, officers and staff at the heart of everything we do. Working together as one we will strive to make a difference to our service delivery by mainstreaming our organisational values All members of the public and communities we serve, all police officers, special constables and police staff members shall receive equal and fair treatment regardless of, age, disability, sex, race, gender reassignment, religion/belief, sexual orientation, marriage/civil partnership and pregnancy/maternity. If you consider this policy could be improved for any of these groups please raise with the author of the policy without delay. CONTENTS I. Acronyms 4 1. INTRODUCTION.... 5 2. GUIDANCE.... 5 3. OFFICIAL RECORDING and AUTHORITY REQUIRED.... 6 4. CONSEQUENCES.... 7 5. EQUALITY IMPACT ASSESSMENT (EQIA).... 8 6. HUMAN RIGHTS.... 8 7. FREEDOM OF INFORMATION (FOI).... 8 8. TRAINING.... 9 9. PROMOTION / DISTRIBUTION & MARKETING.... 9 10. REVIEW.... 9 11. VERSION HISTORY.... 10 Version 1.1 3 4/11/2013
Acronyms EQIA Equality Impact Assessment FOI Freedom of Information Act 2000 GPMS Government Protected Marking Scheme LPU Local Policing Unit PCSO Police Community Support Officer PSD Professional Standards Department WMP West Midlands Police Version 1.1 4 4/11/2013
1. INTRODUCTION. NOT PROTECTIVELY MARKED 1.1 Maintaining the integrity of the Force and demonstrating openness, transparency and accountability to the public we serve is essential to retain public confidence. The acceptance, refusal or provision of gifts and hospitality are issues that require careful consideration by all police officers, police staff, special constables and Police Community Support Officers (PCSOs). 1.2 When participating in normal working relationships, whether between the Force and other organisations or between individuals, it is recognised that hospitality and reciprocation may, in some circumstances, be acceptable and that it can present the Force in a positive way. The monetary value or perceived monetary value of the hospitality and the circumstances in which it is offered, form the essence of what is acceptable. This policy sets a framework within which all West Midlands Police (WMP) officers, staff, special constables and PCSOs may consider individual instances, seek advice, approval and the recording arrangements. 1.3 A modest degree of hospitality may be welcomed by partners in public service and displays cordiality that can assist working relationships. A responsible approach to this area and the correct degree of control will ensure this traditional means of greeting and appreciation remains a benefit to the Force. The concept is that there should be no direct or undue personal gain for individuals in their capacity as members of the police service and acceptance should be on behalf of the organisation or as its representative(s). 1.4 Taking advantage of official discount schemes and arrangements that are open to wider groups such as those set up with and by the Sports and Social Club, Staff Associations or Trade Unions is acceptable. 2. GUIDANCE. 2.1 The circumstances for either accepting, receiving or refusing gifts and hospitality are strictly limited in order to maintain public confidence. This applies to all police officers, staff, special constables and PCSOs. Recording and authorisation arrangements are set out in section 3. 2.2 Visits to or by, conferences, meetings or contact with suppliers or potential suppliers, should be for reasoned and justifiable purposes and duly authorised by managers or supervisors and recorded. Similarly, contact with the media involving socialising, gifts or hospitality should be documented in accordance with this policy. Contact with suppliers or potential suppliers involved in private sector partnering or persons acting on their behalf should be referred to the Technology Task Force at WMP Headquarters, Lloyd House. 2.3 The term gift should be taken to mean items of a token value such as desk top items and diaries. It may be that a gift of a higher value is offered; this may be due to cultural or traditional reasons and accepting such a gift may be acceptable. In cases of doubt, advice should be sought from line management. Where circumstances do not justify acceptance, the gift should be politely refused. Gifts and hospitality should never be solicited and where are offered by a contractor or supplier, known to be or likely to be on any list of tenderers or contractors, they must not be accepted. 2.4 This guidance relates to police officers, police staff, special constables and PCSOs in their employment within WMP who are expected to maintain the highest level of integrity at all times and to act in accordance with force values: We put the public first in everything we do. We act with integrity, fairness and humanity. Version 1.1 5 4/11/2013
NOT PROTECTIVELY MARKED We are one team working together. We listen, learn and strive to improve. 2.5 In general, hospitality is defined as provision of accommodation, refreshments including drinks and/or food and should be employed in welcoming visitors and in expressing our appreciation of their visit. It may be engaged when participating in customary exchanges between organisations and individuals and in recognising support and contributions to our work. 2.6 Hospitality and gifts/gratuities received should be recorded at LPU or departmental level and hospitality or expenditure given (other than official meetings/ceremonies etc) recorded via the i-procurement purchasing system using the appropriate cost code available. 2.7 Providing a comprehensive list or summary of what is and is not acceptable is not practical and leaves too great an area subject to interpretation. However, the following are examples of items that are unlikely to be acceptable: cash, alcohol, lavish food or entertainment, e.g. private boxes at sporting events, loan of vehicles, free travel (except Force approved travel scheme), free entertainment, free trials of unauthorised uniform, equipment, services, expensive goods, accommodation, invitations to private or exclusive social events and trade shows, exhibitions, supplier or potential supplier visits without due cause or authorisation. At the other extreme, during the course of their duties in the community, police officers or police staff may well occasionally be offered gifts or hospitality which do not in any circumstances amount to any breach of integrity on the part of either party. Examples of such include the provision of light refreshments as a common courtesy in line with policing duties, inexpensive promotional products from partnerships or conferences, or discounts aimed at all members of the wider police service. Regular but small gifts of refreshment may be unacceptable, especially if from a particular donor. What the public might think, should also be a guide. 2.8 Police officers, staff, special constables and PCSOs should act with professional judgement, applying Force values and ensuring compliance with the standards of professional behaviour (PSD website). In all cases, we must ensure that we are being absolutely transparent with consideration being given, not only to what is proper, but also be seen to be proper. However, certain events and products should be avoided especially where there is no tangible policing or community link or benefit and where embarrassment or reputational damage to the Force could be caused. 2.9 When considering the appropriateness of accepting a gift or hospitality, particularly when having to make an informed spontaneous decision, the following mnemonic GIFT should be considered: Genuine is this offer made for reasons of genuine appreciation for something I have done, without any encouragement from me? Independent If I accept it, would a reasonable bystander be confident that I could be independent in doing my job? Free Could I always feel free of any obligation to do something in return for the donor? Transparent Would I be comfortable if the gift was transparent to my organisation, its clients and to the public? 3. OFFICIAL RECORDING and AUTHORITY REQUIRED 3.1 Recording will be done via form WG450 (Intranet Standard Forms) which will be forwarded at the end of each month to Professional Standards via e-mail: BD_PSD@west-midlands.pnn.police.uk N.B. Offers of gifts and hospitality that are refused will also be recorded as above. Version 1.1 6 4/11/2013
3.2 The following monetary limits should be observed: Under 10 notify supervisor, use discretion as to whether to record. 10 to 25 should be authorised by first line supervisor and recorded. 25 to 250 should be authorised by LPU commander or Department Head. Over 250 should be reported to and authorised by Director of Resources. Where the gift or hospitality involves the LPU Commander or Department Head, this should be referred to a person of chief officer rank for approval. 3.3 Where the gift or hospitality involves a chief officer, it should be approved by another chief officer not directly involved with the issue. 3.4 The issue of aggregation should be monitored by managers and supervisors. That is, the number of and the value of gifts or hospitality of any value received, refused or given where any one individual or outside body is involved. 3.5 All gifts or hospitality, received, given or refused, should be recorded on form WG450 (available via the standard forms page of the intranet) by LPUs and departments who will forward at least monthly to BD_PSD@west-midlands.pnn.police.uk and entered onto the Force register. This will include nil returns which will be recorded as certification that no gifts or hospitality have been given or received. Officers and staff involved in gifts and hospitality should notify their SPOC by email as per the attached process flow chart (Please see appendix A). The force register will be maintained and regularly reviewed by Professional Standards Department and is subject to publication under the Freedom of Information Act. In due course, it is hoped that a direct on-line recording system will be introduced. This register will be used to monitor events and trends and is subject to public disclosure. 4. CONSEQUENCES 4.1 Strict anti-corruption legislation exists to ensure the highest standards of conduct and probity are maintained by public servants. Breaches, particularly regarding suppliers, tenders and contracts can result in criminal offences being committed. Questions are asked by the media and the public regarding the levels/value of gifts and hospitality, either given or received. The Force is bound, under the Freedom of Information Act, to publish that information. Inappropriate acceptance of or giving of gifts and hospitality can cause embarrassment and reputational risk to the Force and to the individual. 4.2 The provisions of 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. 4.3 The Act does not prohibit reasonable and proportionate hospitality and promotional or other similar business expenditure intended to improve the image of a commercial organisation, to better to present products and 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 Version 1.1 7 4/11/2013
to the business in question. The existence or otherwise of previously offered or accepted gratuities or hospitality may also be relevant. 5. EQUALITY IMPACT ASSESSMENT (EQIA) 5.1 The Policy has been reviewed and drafted against all protected characteristics in accordance with the Public Sector Equality Duty embodied in the Equality Act 2010. The policy has therefore been Equality Impact Assessed to show how WMP has evidenced due regard to the need to: Eliminate discrimination, harassment, and victimisation. Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it. Foster good relations between persons who share a relevant protected characteristic and persons who do not share it. Supporting documentation in the form of an EQIA has been completed and is available for viewing in conjunction with this Policy. 6. HUMAN RIGHTS 6.1 This policy has been implemented and reviewed in accordance with that set out with the European Convention and principles provided by the Human Rights Acts Act 1998. The application of this policy has no differential impact on any of the articles within the Act. However, failure as to its implementation would impact on the core duties and values of WMP (and its partners), to uphold the law and serve/protect all members of its community (and beyond) from harm, effecting that of: Right to Respect for Private and Family Life (Article 8 section 2): There shall be no interference by a public authority with the exercise of this right except such as in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. 7. FREEDOM OF INFORMATION (FOI) 7.1 Public disclosure of each policy document is determined by the Force Policy Co-ordinator in agreement with its owner. Version 1.1 of this policy document has been GPMS marked as not protectively marked and is fully disclosable to members of the public via the Force WMP internet website. 7.2 Public disclosure does not automatically apply to supporting Force policies, directives and associated guidance documents, and in all cases the necessary advice should be sought prior to disclosure to any one of these associated documents. There are no exemptions to the disclosure of this policy (see below):- Which exemptions apply and to which section of the document? Whole document No issues version 1.0 n/a n/a. Section number No issues version 1.1 n/a n/a. Version 1.1 8 4/11/2013
8. TRAINING 8.1 Any training and further guidance required to comply with this policy will be provided under the guidance of the Head of Professional Standards Department. 9. PROMOTION / DISTRIBUTION & MARKETING 9.1 The following methods will be adopted to ensure full knowledge of the Policy: Policy document and associated documents on the Force Intranet (noticeboard) for the attention of all WMP officers and staff; Recording and audit entry on the Force policy library; Intranet marketing via Professional Standards Department); E-mail distribution to all LPU Commanders and Heads of Department: Advertising via the WMP News Beat. 10. REVIEW. 10.1 Professional Standards Department own the policy and administer the force register. 10.2 The policy should be considered a living document and subject to regular review to reflect upon any Force, Home Office/ACPO, legislative changes, good practice (learning the lessons) both locally and nationally, etc. 10.3 A formal review of the Policy document, including that of any other potential impacts i.e. EQIA, will be conducted by the date shown as indicated on the first page. 10.4 Any amendments to the Policy will be conducted and evidenced through the Force Policy Coordinator and set out within the version control template. 10.5 Feedback is always welcomed by that of the author/owner and/or Force Policy Co-ordinator as to the content and layout of the policy document and any potential improvements. CHIEF CONSTABLE Version 1.1 9 4/11/2013
11. VERSION HISTORY. NOT PROTECTIVELY MARKED Version Date Reason for Change Amended/Agreed by. New policy. Version 1.0 23/07/2012 This policy (version 1.0) supersedes that of Order 02/2010 which is withdrawn with immediate effect. New Force policy authorised by CC Sims Version 1.0 28/08/2013 Changed Policy Contact, Dept responsible dets and extended review date Version 1.1 4/11/2013 Change of contact and ownership references throughout the policy and amendment of out dated terms. Inclusion of process flow chart (appendix A). 56408 Couchman. Agreed by DCI Julian Harper/Steve Middleditch 56408 Couchman and T/Chief Superintendent Goosen (PSD) Version 1.1 10 4/11/2013
Appendix A Gifts and Hospitality Process Flow Chart Gift or Hospitality Offered Gift or Hospitality Received Gift or Hospitality Provided Seek Authority Accept Decline Record by email to LPU/Departmental SPOC LPU/Departmental SPOC completes WG450 LPU/Departmental SPOC to submit WG450 (including nil returns) to PSD by email on first day of each month PSD Update and Maintain Force Register Email to LPU/Departmental SPOC to include; Date of Receipt or Provision; Name and Address of person or organisation Received from or provided to; Nature of gift or hospitality; Value or cost; Accepted or Declined; Approved by; Reason or occasion for hospitality Version 1.1 11 4/11/2013