Follow up to recommendations made in our Safe To Share Report – December 2021

Follow up to recommendations made in our Safe To Share Report – December 2021

Hampshire Constabulary began to review the recommendations to your ‘Safe to Share’ report following its publication in December 2020 and would like to update you on our progress to date against each of the published recommendations as requested per recommendation 8:

Recommendation 1. Where officers have doubts about the immigration status of a victim of domestic abuse.

Hampshire Constabulary understands that a victim’s immigration status may make them more vulnerable to perpetrators.

Whilst waiting for the outcome of the Home Office review and updated safeguarding and information sharing protocol, our head of Criminal Justice has engaged with internal and external partners (including the OPCC) on this matter. We set up a focus group (internal / external) to map what the force’s current position was and to understand what progress was needed to meet expectations of all the recommendations. The main items identified included the publication of a force procedure to properly inform officers and staff and to engage with the OPCC around understanding what services are available for those with unsettled or illegal immigration status.

The force is currently in the process of publishing a new procedure (37770) entitled ‘Victims and Witnesses with Insecure Immigration Status’ which is wholly compatible with the APP on domestic abuse, section 3.1.1 ‘Victims with Insecure Immigration Status’.

 Hampshire Constabulary expects that its officers and staff will always treat any victim as such throughout any investigation and ensure that additional and appropriate support is offered when their immigration status is in doubt. We have to date found no examples where this has not been the case.

Recommendation 4. Ensuring all migrant victim and witnesses are effectively supported through safe reporting pathways.

As in the bespoke force procedure (37770) detailed above, where officers and staff identify victims and witnesses who require help or assistance with immigration matters, they will be expected to signpost them to Citizens Advice, who are a regulated immigration advisor. This is in addition to normal signposting for victims for support around DA, serious sexual offences or other crimes which will still take place as per usual practice. Our OPCC have confirmed that all OPCC commissioned victim support services are available to all victims, regardless of whether they have recourse to public funds. We are also advised that any of the OPCC commissioned services for victims would themselves refer a victim or witness for immigration support where identified and required, even if not flagged by the referring member of the police force.

Recommendation 5. Promoting victims and witnesses to have confidence in reporting crime to the police without fear of prioritised immigration control.

As a result of work examining the recommendations Hampshire Constabulary identified that it had no formal procedure when dealing with victims or witnesses with unclear immigration status. However the force has not found any occasions where it has treated any victim or witness with this issue any differently or reported their status to Immigration Enforcement (IE).

Notwithstanding this, the constabulary has identified that it has a duty to understand options for support for such individuals within the community, including victims and witnesses. There is an opportunity to promote, in partnership with the OPCC and potentially support service providers, Prevention and Neighbourhood officers, community advocacy groups, Criminal Justice partners and even IE, what a victim or witness can expect from us if they fit in this cohort.

As highlighted in the response to recommendation 1, the imminent publication of force policy 37770 ‘Victims and Witnesses with Insecure Immigration Status’ has given the force an opportunity for the following:

1) Internal communication to the whole force from the Chief Constable referencing the procedure, but in particular, flagging the directive not to share information on victims and witnesses with Immigration Enforcement.

2) External work with the OPCC, external partners and through our community contacts to promote this position, and the fact that even with insecure immigration status and without recourse to public funds, victims can safely report to the police and access support from victim services.

This will be commencing in the New Year.

Thank you for giving us this opportunity to highlight the progress that has been made against the recommendations and please be assured that Hampshire Constabulary is committed to ensuring that victims and witnesses are always treated with respect and can always expect fair treatment and signposting to the appropriate support if required.

Chief Constable Olivia Pinkney