Document name: Police Liaison Policy Document type: Policy and Guidance What does this policy replace? Out of date Police Liaison Policy Staff group to whom it applies: All staff within the Trust Distribution: The whole of the Trust How to access: Intranet Issue date: March 2013 Next review: March 2016 Approved by: Executive Management Team Developed by: George Smith Director leads: Director of Nursing, Clinical Governance and Safety Contact for advice: Local Security Management Specialists Local Counter Fraud Specialist CONTENTS 1 Introduction .................................................................................................... 2 2 Objectives and Scope..................................................................................... 2 3 Duties and Responsibilities .......................................................................... 2 3.1 Executive Directors ................................................................................. 2 3.2 District Directors/General Managers ....................................................... 3 3.3 Ward / Unit / Team Managers ................................................................. 3 3.4 Specialist Advisors .................................................................................. 3 3.5 All Staff ................................................................................................................. 3 3.6 Local Security Management Specialist (LSMS)/NHS Protect .................. 3 3.7 The Local Counter Fraud Specialist ........................................................ 4 3.8 MAPPA Leads Multi Agency Public Protection Arrangements ................. 4 4 Principles ........................................................................................................ 5 4.1 Contacting the Police .............................................................................. 5 4.2 Liaising with the Police ............................................................................ 5 4.3 Sharing and providing necessary information to the Police ..................... 6 4.4 Requesting information from the Police ................................................... 6 5 Monitoring ...................................................................................................... 6 6 Training Implications ..................................................................................... 6 7 References ..................................................................................................... 6 8 Associated Documents ................................................................................. 7 Appendix 1 Equality impact assessment tool .............................................................................. 9 Appendix 2 Checklist for the Review and Approval of Procedural Document ............................. 11 1 POLICE LIAISON POLICY 1. INTRODUCTION South West Yorkshire Partnership NHS Foundation Trust recognises the need for effective liaison with the police service in the interests of the safety of service users, staff and visitors. This supports the Trusts’ Vision, Values and Goals, and the approach taken to rights and responsibilities outlined in the organisation’s Risk Management Strategy. Effective liaison is essential to police officers responding to emergency calls from our staff. . There may be situations where there is contact with the police which can be sensitive or difficult and staff are reminded to seek advice if required, as to how best to proceed. Advice may be sought from either your line manager, the Local Security Management Specialist, the Assistant Director of Legal Services or any other relevant specialist advisor (eg Safeguarding, Information Governance etc). 2. OBJECTIVES AND SCOPE Many other policies provide more detailed guidance on procedures in relation to their scope and this policy is only intended to provide broad principles. (see “associated documents” below) The objectives of this policy are to: Ensure effective communication links, cooperation and liaison between the Trust and the police service including appropriate governance procedures in respect of documentation and information sharing. Ensure that relevant, suitable and sufficient information is collected, recorded and communicated between the two organisations. Provide a safe, secure and supportive workplace and service to both staff and service users. Assist the police in the execution of their duties as far as is reasonably practicable. To ensure, where possible, that every effort is made to prosecute those who intentionally physically assault or verbally abuse staff or service users in our care, or cause criminal damage to or theft of property of the Trust. This policy is applicable to all communications with the police service with regard to protection of vulnerable adults and children, preventing or detecting criminal acts and assistance in crime reduction. 3. DUTIES and RESPONSIBILITIES 3.1 Executive Directors are responsible for: Implementing this policy within their relevant portfolios. 2 The Security Management Director (SMD) NHS Protect has responsibility for the management of security within the NHS. Their work can be broadly defined as the protection of people and property in the NHS. Trusts are required by the NHS Protect to nominate a Security Management Director (SMD) – a member of the executive board – to take overall responsibility for security management work. The SMD will: Promote and lead on security matters at Board level Facilitate compliance with the legal framework, advice and guidance issued by the NHS Security Management Service (NHS Protect). Nominate a suitable person/s to act as Local Security Management Specialist (LSMS) and support them in their role so they can fulfil their duties and statutory requirements Facilitate support and cooperation on security matters for the LSMS Support the identification of lead personnel to manage liaison 3.2 District Directors/General Managers are responsible for: Ensuring this policy is communicated to all staff within their area of responsibility. 3.3 Ward / Unit / Team Managers are responsible for: Ensuring all staff within their team are aware of the policy and associated procedures for liaison with the police. Ensuring Police contact numbers are available and easily locatable. Ensure full co-operation in response to appropriate requests for information from the Police. 3.4 Specialist Advisors Provide staff with advice and support in dealing with the police , particularly in relation to their area of expertise 3.5 All staff Ensure they are aware of procedures for liaison with the police. Co-operate in response to appropriate requests for information from the Police. 3.6 Local Security Management Specialist (LSMS)/NHS Protect NHS PROTECT (formerly NHS Counter Fraud & Security Management Service) has the responsibility for the management of security within the NHS. In particular, to effectively address intentional violence towards staff and service users. 3 The Local Security Management Specialist (LSMS) is a suitable person/s nominated by the SMD, who will: Carry out the role of LSMS as required under the Secretary of State Directions on NHS Security Management Measures 2004. Liaise with the Police on crime detection and prevention, and the apprehension and prosecution of offenders. Undergo professional and accredited security management training Undertake security management work in accordance with the legal directions and the NHS Security Management Manual Be a central link for security issues across the organisation Maintain an overview of relevant police investigations Update the NHS Security Management Service database as required Facilitate preventative action where possible It is the responsibility of the Local Security Management Specialists (LSMS), so far as reasonably practicable to: Act as the Police Single Point of Contact (SPOC) for incidents of a nonclinical nature for SWYPFT. Support employees when reporting incidents to the Police. Investigate all incidents where there has been an assault on a member of staff or criminal damage caused to SWYPFT building or property, taking statements where appropriate. Ensure that the police have the appropriate evidence available to charge individuals who assault SWYPFT employees. 3.7 The Local Counter Fraud Specialist (LCFS) The Local Counter Fraud Specialist is a suitable person nominated by the Trust, who will: Be professionally accredited by the NHS Protect (formerly the Counter Fraud and Security Management Service) Undertake Counter Fraud work in accordance with the legal directions and the NHS Counter Fraud Manual Provide advice to the Director of Finance on all aspects of fraud and corruption. Be a central link for all Counter Fraud issues across the Trust support the investigation as appropriate by ensuring that evidence gathered as part of an investigation is collected in accordance with the Police and Criminal Evidence Act and NHS Protect guidelines and to communicate case progress, support witnesses and work with HR in respect of any internal action. Referral to the police where fraud is suspected will be made with prior agreement with the Director of Finance and where there the risk is such that early police intervention is deemed appropriate. Circumstances where this should be considered will include where valuable evidence may be secured form residential property, where there is a physical threat to witnesses and where there is a risk of absconding by the subject under investigation. 4 3.8 MAPPA Leads Multi Agency Public Protection Arrangements Within each of the geographical locations of the Trust, a designated MAPPA lead acts on the agreed point of contact for MAPPA issues (see MAPPA policy) 4. PRINCIPLES 4.1 Contacting the Police Emergency Where an immediate Police response is necessary to deal with an ongoing emergency a ‘999’ call should be made. Staff making the call should state clearly the reasons why an immediate Police response is sought. During the course of our duties there will be a variety of reasons for contacting the Police. The following list outlines some of those reasons: resolve local issues To report missing patients Reporting theft, criminal damage, burglary or any other criminal activity. To report incidents/allegations of assault / sexual offences / abuse Incidents involving illicit substances Assistance with searching of patients and/or their belongings where increased risk Incidents of harassment Information sharing and public protection To report a suspicious death in hospital (or unexpected death in community) Contact with the Coroner’s Officers Many other trust policies contain more detailed guidance on how and when to liaise with the police in relation to their particular scope. Other policies and procedures which include liaison, contact, and information requests to and from the police are listed in the “associated documents” section of this policy. This list may not be exhaustive. 4.2 Liaising with the Police All police contacts will be recorded by the unit manager following the relevant procedure, and all contacts regarding any criminal act, suspected criminal acts or advice on crime reduction must be reported to the Local Security Management Specialist (LSMS) who may also liaise with the police. Usually a Datix report would also be completed. 5 4.3 Sharing and providing necessary information to the Police Local arrangements are in place in West and South Yorkshire to meet and progress issues of mutual interest to the Trust and Police. In West Yorkshire a Multi-Agency Liaison Group fulfils the role and in South Yorkshire a Mentally Disordered Offenders (MDO) group meets. Local Security Management Specialist’s (LSMS) also have the key role in liaising with the police around individual incidents. In the interests of service users, staff and visitor safety, criminal investigation, crime prevention and legal requirements, the Trust will endeavour to provide all necessary information in compliance with relevant legislation while maintaining patient confidentiality as appropriate. Staff should refer to the appropriate policies or professional guidance. 4.4 Requesting information from the Police Where an internal investigation is being carried out by the Local Security Management Specialist (LSMS) or The Local Counter Fraud Specialist (LCFS), information requests may be made to the Police and any other external body that may assist in the detection of crime or the apprehension or prosecution of offenders. 5. Monitoring The majority of incidents of a clinical or criminal nature that involving liaising with the police would be recorded on the Datix system in order that appropriate risk management and review arrangements can occur. Significant incidents will trigger investigations which will consider compliance with principles in this policy/guidance. 6. Training implications This policy does not require a formal teaching or training process. It is expected that the individual managers will be aware of the liaison systems in place and the contents of this policy. 7. References MAPPA guidance 2012 http://www.justice.gov.uk/downloads/offenders/mappa/mappa-guidance-2012part1.pdf Data sharing code of practice http://www.ico.gov.uk/for_organisations/data_protection/topic_guides/data_sh aring.aspx Memorandum of Understanding between the ACPO and NHS Security Management Service http://www.nhsbsa.nhs.uk/Documents/mou_sms_acpo.pdf - 6 Memorandum of Understanding between the NHS Counter Fraud and Security Management Service and the Crown Prosecution Service http://www.cps.gov.uk/publications/agencies/mounhs.html Mental Health Act http://www.legislation.gov.uk/ukpga/1983/20/contents NHS Protect website http://www.nhsbsa.nhs.uk/3349.aspx 8. Associated documents This list contains links to other policies which may support or expand on the principles in this one. ~It is not exhaustive Care Records Management Policy http://nww.swyt.nhs.uk/docs/Documents/1005.doc Clinical MAV policy http://nww.swyt.nhs.uk/docs/Documents/562.doc Information sharing, Confidentiality and Data Protection http://nww.swyt.nhs.uk/docs/Documents/804.pdf LCFS/LSMS http://nww.swyt.nhs.uk/docs/Documents/896.doc Domestic violence http://nww.swyt.nhs.uk/docs/Documents/349.pdf Fraud and Corruption http://nww.swyt.nhs.uk/docs/Documents/571.doc Management of Illicit Substances http://nww.swyt.nhs.uk/docs/Documents/683.pdf Lockdown Policy http://nww.swyt.nhs.uk/docs/Documents/923.doc Missing Service Users http://nww.swyt.nhs.uk/docs/Documents/576.doc MAPPA http://nww.swyt.nhs.uk/docs/Documents/484.doc Risk Management Strategy http://nww.swyt.nhs.uk/docs/Documents/829.pdf 7 Safe and Secure Environment http://nww.swyt.nhs.uk/docs/Documents/779.doc Safeguarding Children http://nww.swyt.nhs.uk/docs/Documents/778.doc Searching Patients and their Property http://nww.swyt.nhs.uk/docs/Documents/171.doc Supporting Staff policy http://nww.swyt.nhs.uk/docs/Documents/777.doc CCTV policy http://nww.swyt.nhs.uk/docs/Documents/324.doc Violence and Aggression at Work http://nww.swyt.nhs.uk/docs/Documents/1002.doc - Policy for Recognition and Verification of Death. - Resuscitation Policy - Clinical Procedure CWI 11.22 Dealing with a Suspicious Death 8 APPENDIX 1 EQUALITY IMPACT ASSESSMENT TOOL Equality Impact Assessment Questions: Evidence based Answers & Actions: 1 Name of the policy that you are Equality Impact Assessing Police Liaison Policy 2 Describe the overall aim of your policy and context? Ensure effective communication links, cooperation and liaison between the Trust and the police service. Who will benefit from this policy? All staff, service users & visitors 3 Who is the overall lead for this assessment? Director of Nursing, Clinical governance and Safety 4 Who else was involved in conducting this assessment? MAV Trust Action Group and H&S Trust Action Group, Head of Legal Services, LSMS, LCFS 5 Have you involved and consulted service users, carers, and staff in developing this policy? All Trust Action Group’s consulted have public involvement and/or user and carer reps. N/A What did you find out and how have you used this information? 6 7 8 9 What equality data have you used to inform this equality impact assessment? N/A What does this data say? N/A Have you considered the potential for unlawful direct or indirect discrimination in relation to this policy? Yes Taking into account the information gathered. Does this policy affect one group less or more favourably than another on the basis of: Where Negative impact has been identified please explain what action you will take to mitigate this. If no action is to be taken please explain your reasoning. 9 YES 10 NO Race No Disability No Gender No Age No Sexual Orientation No Religion or Belief No Transgender No What measures are you implementing or already have in place to ensure that this policy: promotes equality of opportunity, The policy is applicable to every person who comes into contact with the Trust and is not intended for any individual or groups. promotes good relations between different equality groups, eliminates harassment and discrimination 11 Have you developed an Action Plan arising from this assessment? N/A If yes, then please attach any plans at the back of this template 12 Who will approve this assessment and when will you publish this assessment. Executive Management Team 10 APPENDIX 2 Checklist for the Review and Approval of Procedural Document Title of document being reviewed: 1. 2. Title Is the title clear and unambiguous? Yes Is it clear whether the document is a guideline, policy, protocol or standard? Yes Is it clear in the introduction whether this document replaces or supersedes a previous document? Yes Rationale Are reasons for development of the document stated? 3. 4. 5. 6. 7. Yes/No/ Comments Unsure Yes Development Process Is the method described in brief? Yes Are people involved in the development identified? Yes Do you feel a reasonable attempt has been made to ensure relevant expertise has been used? Yes Is there evidence of consultation with stakeholders and users? Yes Content Is the objective of the document clear? Yes Is the target population clear and unambiguous? Yes Are the intended outcomes described? Yes Are the statements clear and unambiguous? Yes Evidence Base Is the type of evidence to support the document identified explicitly? Yes Are key references cited? Yes Are the references cited in full? Yes Are supporting documents referenced? Yes Approval Does the document identify which committee/group will approve it? Yes If appropriate have the joint Human Resources/staff side committee (or equivalent) approved the document? N/A Dissemination and Implementation 11 Yes/No/ Comments Unsure Title of document being reviewed: 8. 9. Is there an outline/plan to identify how this will be done? Yes Does the plan include the necessary training/support to ensure compliance? N/A Document Control Does the document identify where it will be held? Yes Have archiving arrangements for superseded documents been addressed? Yes Process to Monitor Compliance and Effectiveness Are there measurable standards or KPIs to support the monitoring of compliance with and effectiveness of the document? Yes Is there a plan to review or audit compliance with the document? Yes 10. Review Date Is the review date identified? Yes Is the frequency of review identified? If so is it acceptable? Yes 11. Overall Responsibility for the Document Is it clear who will be responsible implementation and review of the document? Yes Version control sheet This sheet should provide a history of previous versions of the policy and changes made Version Date Author Status Comment / changes 1 Feb 2006 Steven Michael 2 Feb 2013 George Smith Final 12