Clearly, a violent warning list needs to be properly monitored, and
automatic reviews are essential. A situation where a person stays on a list
for six years without a review is totally unacceptable, even if they were a
risk to staff. However, a situation where someone does not go on a list
because nobody is brave enough to tell them so would be equally
unacceptable. For every anecdote about an unfair warning, there are
examples, however rare or exceptional, where a member of the public throws a
chair at a member of staff they have never met before, discharges a firearm
above a staff member's head, or makes threats to a staff member who is
heavily pregnant. A colleague in another council told me a plausible story
about a novice member of staff barely escaping an attack with a chainsaw.
Who would be first in the queue to tell Chainsaw Man that he was now on the
violent list? I wouldn't, and I wouldn't ask anyone else to do it.
Violent people may become more violent if they are informed that they are on
a violent warning list. That's a fact. Whether an organisation has a policy
of telling no-one or assessing it on a case-by-case basis, to assume that
everyone on a violent warning list will be informed is not a serious
proposition.
I think staff share the expectation that their human rights and rights to
natural justice will be respected. In this situation, there is a balance of
risk, and the risk to staff health and safety cannot be sidelined. I wonder
whether your approach doesn't tip the balance in favour of the person on the
list - the staff are human beings as well, and their employer is obliged to
protect them. Being on a list does not automatically entail being denied
services or treatment. Often, it might mean nothing more than an officer
keeping their eyes open, or attending a meeting with a colleague.
Tim Turner
Wigan Council
> ----------
> From: [log in to unmask][SMTP:[log in to unmask]]
> Reply To: [log in to unmask]
> Sent: 01 September 2005 07:52
> To: [log in to unmask]
> Subject: Re: [data-protection] Potentially Violent List
>
> The individuals who are already on such a list should be informed, as
> should
> anyone being considered for inclusion. Human rights, natural justice and
> other considerations come into play, not just DPA.
>
> In one case I know of, a man was on a PVP list for six years for raising
> his
> voice and swearing in a reception area after the council sent his
> recently-deceased mother a final demand for her Council Tax.
>
> The person should be informed that an incident had been reported and you
> should ask them for their version of events. The officer nominated (and
> properly
> trained) to decide whether inclusion is necessary should have all the
> information at hand from both sides of the story and a list of criteria
> against which
> the incident is measured.
>
> The person should be informed of the decision (inclusion or not) and if to
> be
> added to the list, how their behaviour could be improved to ensure removal
> at
> the review date. The reviewer should also have a criteria list for
> checking
> subsequent behaviour.
>
> Don't forget to properly document the process at all stages, including
> reasons for decisions, and remember to restrict access on a need-to-know
> basis. An
> audit trail on the database/spreadsheet is a must. If printouts are given
> to
> repairs or home visit officers for use over the weekend/holidays then you
> should ensure the lists are kept secure, returned and properly disposed
> of.
> Incidents have occurred when such lists were viewed in public places.
>
> As I say in all my training courses, put yourself in the position of the
> data
> subject and ask yourself:
>
> 1) Should I be on a secret list without even knowing what I am accused of?
> 2) Should I be on such a list without giving my version of the incident?
> 3) If the data are inaccurate can I not get the entry changed or even
> removed?
> 4) If the incident did take place as described, am I not likely to modify
> my
> behaviour, ever?
> 5) If the data are to be shared with other departments and maybe other
> organisations, should I not also know about this, and who the others are?
> 6) If I found myself on such a list (maybe a friend at the council lets it
>
> slip) and suspected the council had not complied with the DPA, would I not
> ask
> the ICO to formally assess the procedures? Would I consider suing for
> defamation?
>
> Ian B
>
>
> Ian Buckland
> Keep I.T. Legal Ltd
> (Reg: 3822335)
>
> Please Note: The information given above 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:
>
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>
>
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