In a message dated 04/09/2001 16:32:57 GMT Daylight Time,
[log in to unmask] writes:
<< In the IC's compliance advice on the use of violent warning markers we are
told that we must inform any individuals that their details have been
flagged to indicate that they are potentially violent. Does anyone have a
standard letter for conveying this delicate information? Also, we have a
case where a community policeman has passed information of a potentially
violent person (of particular danger to women) to an area housing office
without supplying details of any incident. Can we act on information passed
to us in this way or do we have to wait for an unpleasant incident to befall
one of our own officers. >>
--------
1) People regarded as "potentially violent" should already be aware that you
are considering the marker or database entry. Under the Human Rights Act you
should have already informed them of the complaint and given them an
opportunity to refute the allegation and put forward their account of the
incident.
You should then make the decision about the database entry (a marker doesn't
tell you enough about the person/relative/dog) based on the available
information and contact the individual again with your decision, such as:
"... and after considering the available evidence [witnesses? reports? your
response? your lack of response? etc] the council has decided that in the
circumstances a database entry will be made against your name to inform staff
of the relevant details of the incident. This situation will be reviewed in
[3/6/12 months]."
or
"... and after considering the ...[as above] the council has decided in this
instance that provided no further incident occurs within [period] no database
entry will be made to inform staff of the details of this incident."
Remember that a marker alone is not "adequate data" as required by the Act.
2) Written details of individuals received from the police in an official
capacity should be accepted and recorded as such. Anyone acting in a private
capacity and who is not prepared to get their head office to put it in
writing may well have a personal grudge against the accused and you should
treat the details as "hearsay" - you should always name the source on the
record if you decide to store it.
You can be held liable if you cause harm by acting upon it without checking
its accuracy.
Similarly, benefits hotlines that accept anonymous allegations are in a
difficult position if they stop (suspend) benefits before checking the
accuracy of the data given, and again human rights issues (fair trial, right
to be heard) come into play.
Ian Buckland
MD
Keep IT Legal Ltd
Please Note: The information contained in this document does not replace or
negate the need for proper legal advice and/or representation. It is
essential that you do not rely upon any advice given without contacting your
solicitor. If you need further explanation of any points raised please
contact Keep I.T. Legal Ltd at the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
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