In December 2020 HM Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS), the College of Policing (CoP) and the Independent Office for Police Conduct (IOPC) published a report in response to the super-complaint submitted by Liberty and Southall Black Sisters about the practice of the police sharing of victims’ information with the Home Office.

The report made recommendations for the police, the Home Office, the National Police Chiefs’ Council, and police and crime commissioners (or equivalents) to ensure victims of crime are always treated as victims first and foremost, regardless of their immigration status. The report also included actions for HMICFRS and the College of Policing regarding their own work. The details of these recommendations and actions are listed on pages 15 – 20 of https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/945314/safe-to-share-liberty-southall-black-sisters-super-complaint-policing-immigration-status.pdf" class="govuk-link">Safe to Share?

https://www.college.police.uk/" class="govuk-link">College of Policing

The report included two actions for the College of Policing, as well as a role supporting the implementation of one of the recommendations to other bodies.

Recommendation 1.

The College was instructed to “immediately develop guidance”  to support those working in policing to fulfil ‘Recommendation 1’ – i.e. that “pending the outcome of recommendation 2, where officers only have concerns or doubts about a victim’s immigration status, we recommend that they immediately stop sharing information on domestic abuse victims with Immigration Enforcement.”

The guidance has been produced and has been published as an update to existing ‘Authorised Professional Practice’ (APP) for policing. APP is authorised by the College of Policing as the official source of professional practice on policing. Police officers and staff are expected to have regard to APP in discharging their responsibilities.

The revised guidance is in the ‘risk factors and vulnerabilities connected with domestic abuse’ section of the ‘Major Investigation and Public Protection’ APP. It is available to view online https://www.app.college.police.uk/app-content/major-investigation-and-public-protection/domestic-abuse/risk-and-vulnerability/#victims-with-insecure-or-uncertain-immigration-status" class="govuk-link">Risk and vulnerability (college.police.uk)

Action 1.

The action was for the College to “work with interested parties to consider how domestic abuse risk assessment tools used by the police and partner organisations can include immigration status as a risk factor.”

The College has developed a revised risk assessment tool for domestic abuse, ‘DARA’, which focuses on uncovering evidence of coercive and controlling behaviour. There is evidence that the tool is more effective at eliciting disclosures of coercive and controlling behaviour. The potential use of immigration status as a way to manipulate and control would be addressed through use of the tool.

Action 2.

The action was for the College, “when updating knowledge and training products, ensure that the messaging across all relevant guidance is consistent about the need for policing to balance the needs for safeguarding a victim or witness against the national interest in investigating crime.”

This is a continuing piece of work. Every revision of College of Policing training or guidance includes consideration of the balance between the rights of all involved and the necessity to achieve the best outcomes for all.

https://www.justiceinspectorates.gov.uk/hmicfrs/" class="govuk-link">HMICFRS

Action 3.

The action for HMICFRS was ‘ Subject to available funding from the Home Office, HMICFRS will consider whether future inspection activity and/or monitoring could review how the issues raised by this super-complaint are being addressed by forces, once they have had an opportunity to make changes in the light of this investigation’.

Subject to available funding from the Home Office, HMICFRS will review whether inspection activity and/or monitoring should be undertaken (in 2023-24) to see how issues raised in this super-complaint are being addressed by forces.

Home Office update

There are two responses from The Home Office. These responses are available as PDFs at the start of this page.

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