Security classification Official Disclosable under FOIA 2000 Yes Author CC Patrick Geenty Force/organisation Wiltshire Police Telephone number 01380 734 221 National Policing Business Area Crime Date created 11th March 2015 TO: ALL CHIEF CONSTABLES AND COMMISSIONERS Dear Colleague, Changes to the definition of “Absent”& other matters 1. Change to the definition of ‘Absent’ In November 2014 following the publication of the report “Real Voices” into Child Sexual Exploitation in Greater Manchester by Ann Coffey MP, I wrote to all Chief Officers explaining the work being undertaken by my portfolio because of the links between various types of exploitation and ‘missing’. I sought to reassure you about the use of the ‘absent’ element within the definition of a missing person and; also seek your support to ensure that we can meet the scrutiny which will inevitably follow. I have been subsequently given examples of both adults and children who have been inappropriately treated as ‘absent’ such as, a young female with warning markers for ‘CSE’. Such examples, although relatively rare, confuse the debate but, more importantly, risk the safeguarding work around the individuals concerned. Therefore, I am again seeking your support to ensure that ‘absent’ is being used appropriately and proportionately across the country and I would again ask that you review the processes in your force area to ensure that decisions around ‘missing’ and ‘absent’ are based around risk and the rationale for those decisions are suitably documented. In my earlier letter I informed colleagues that I had instructed that the definition of ‘absent’ for ‘missing’ was to be amended within the forthcoming Authorised Professional Practice (APP) to ensure there would be no doubt that decisions are to be based around risk. Accordingly, in the new APP ‘absent’ will be defined as “A person not at a place where they are expected or required to be and there is no apparent risk”. This small addition has, in fact, always been there but, was previously within a note rather than in the body of the definition. The roll-out of the APP has been unavoidably delayed consequently, I believe that the ‘new’ definition should be introduced without delay. Therefore, I should be most grateful if you would henceforth use the new definition with immediate effect. 2. Cross-Border Investigations Missing Person investigations which cross force boundaries can become particularly challenging. Frequently these involve looked after children who have been placed in an area far removed from their home because of safeguarding concerns in their home area. Consequently, when they go missing they often return to the very area where they may be most at risk. A critical consideration can be which force should assume ownership and lead the missing person investigation. Unfortunately, I have been made aware of cases where disputes between forces has delayed the appropriate transfer of such cases. Accordingly, I would ask colleagues to ensure that decisions are made in accordance with the 2010 Guidance which states “The focus should be on achieving a satisfactory outcome for the missing person and making this decision promptly.” Such decisions need to be predicated on three core 1st Floor, 10 Victoria Street, London SW1H 0NN T 020 7084 8950 F 020 7084 8951 Registered in England and Wales as a private company limited by guarantee. Registered number 3344583. Registered office 10 Victoria Street, London SW1H 0NN elements; commonsense, reasonableness but, most importantly effectiveness with the emphasis placed upon on the welfare of the missing person above all other considerations. 3. Migrant Children My portfolio is currently working closely with the National Policing Lead for Modern Slavery and UK Visas & Immigration regarding a small number of unaccompanied migrant children who cannot be located. The links to trafficking are very well known and the influences on those involved cannot be underestimated. Indications are that some 50% of unaccompanied migrant children who are detained and released into the care of local authorities go missing within 48-72 hours often never to be seen again. The issue is gaining increasing ministerial focus and has recently been the subject of a multi-force Freedom of Information request. In July 2014 the Department for Education issued guidance to local authorities regarding their responsibilities in this area as attached. I would ask colleagues to ensure the following:I. When suspected migrants, particularly unaccompanied migrant children, are detained full consideration is given to their status as potential victims of trafficking and that referral to the National Referral Mechanism is made in appropriate circumstances. II. Biometric data is secured. III. Safeguarding liaison is undertaken with local care authorities to provide effective ‘wrap-around’ care, particularly in the critical first few days when the child is most vulnerable. IV. Those responsible for the ‘missing’ portfolio in your force area engage with the local authorities to ensure they are meeting the requirements detailed in the aforementioned DfE Guidance. In relation to “IV” above, please note that this forms part of the Action Plan formulated by my portfolio Working Group and work is commencing with the DfE for the national perspective. 4. British Transport Police My portfolio is also working with British Transport Police and discussions have recently been held to clarify responsibilities and contact arrangements. In view of the current position with the APP it may not be possible to incorporate this work within its first iteration. Therefore, I thought I would also take this opportunity to give the following guidance. The responsibility for the investigation of missing persons lies with relevant Home Office territorial police forces, however; British Transport Police (BTP) has a valuable role to play in supporting relevant investigations. It is also possible that the initial report of a missing person may be made to BTP and in such cases initial information will be taken by BTP to enable an assessment as to the need for any immediate action. BTP will ensure that the relevant territorial police force is informed and arrangements are made by that force for them to deal directly with the reporting person(s) and to manage the investigation.. Clearly, it is not necessary or appropriate for BTP to be routinely advised of all investigations but, BTP should be notified if: a. BTP has placed a suicide risk or related information marker on PNC or; b. There is a risk of suicide (particularly if the missing person resides, frequents or was last seen within the vicinity of a railway line) c. There is specific information that they are likely to visit or use the railway system. Engagement with BTP should form part of the investigation strategy and should be related to tangible lines of enquiry or search strategy. Where there is risk of suicide or other serious harm is likely, immediate assistance from BTP can be obtained in relation to intelligence checks, CCTV, ticketing enquiries and other railway-related matters. These enquiries can be initiated by a telephone call to the BTP control room on 0800 405 040. The Association of Chief Police Officers of the United Kingdom Yours faithfully Patrick Geenty Chief Constable, Wiltshire Police National Policing Lead for the Missing Persons Working Group Wiltshire Police London Road Devizes Wiltshire SN10 2DN Reasons for Non- or Partial Disclosure under Freedom of Information Act 2000 Document Title: Changes to the definition of “Absent”& other matters Date: 11th March 2014 Reference / version, etc: Is this document completely non-disclosable? No Is this document partially disclosable? Yes If yes, which parts of the document are not disclosable, and why? Details not supplied by ACPO leads. For evidence and rationale, please contact the ACPO Central Referral Unit at [email protected] The Association of Chief Police Officers of the United Kingdom The Association of Chief Police Officers of the United Kingdom
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