Combined Financial Regulations .pdf

Reserves Policy 2025-26.docx

Estimated Reserve Position (Jan 2025).xlsx

Code of conduct PCC and DPCC 2024 

STANDARD OPERATING PROCEDURES:

OFFICE OF THE BEDFORDSHIRE POLICE AND CRIME COMMISSIONER

Title	Police and Crime Commissioner/Deputy Police and Crime Commissioner Code of Conduct
Version No.	2
Senior Lead	Head of Governance and Transparency
Authorised by the Chief Executive/Monitoring Officer	19/08/2022

 

Revision History

Date	Revision	Change	Review Date
19/08/2022	2.0	Complete review	19/08/2023
09/10/2023	2.0	No changes	09/10/2024
20/08/2024	2.0	Update of Combined Financial Regulations URL link	20/08/2025

1. Introduction

The Code of Conduct applies to the Police and Crime Commissioner for Bedfordshire PCC), and any Deputy Police and Crime Commissioner for Bedfordshire DPCC) when acting or representing to act within that role.

The Code does not apply when the PCC or DPCC is acting in a purely private capacity, although high standards of behaviour are always expected from the PCC, DPCC including in their private affairs.

This Code of Conduct applies to the individual when they are acting in their capacity as PCC, DPCC which may include when:

• They misuse their position as a PCC
• Their actions would give the impression to a reasonable member of the public with knowledge of all the facts that they are acting as a PCC.

The Code applies to all forms of communication and interaction, including: 

• at face-to-face meetings
• at online or telephone meetings
• in written communication
• in verbal communication
• in non-verbal communication
• in electronic and social media communication, posts, statements, and
• in videos/blogs/podcasts

Any individual to which this procedure may apply are also expected to uphold the highest standards of conduct and always demonstrate leadership when acting as PCC, DPCC

2. General Obligations

The Policing Protocol Order 2011 (issued under the Police Reform and Social Responsibility Act 2011) requires that all parties to whom the Protocol applies will abide by the seven principles set out in Standards in Public Life: First Report of the Committee on Standards in Public Life, known as the Nolan Principles.

The PCC, DPCC is expected to abide by the Nolan Principles in the following manner:

• SELFLESSNESS - Holders of public office should act solely in terms of the public interest. They should not do so to gain financial or other material benefits for themselves, their family, or their friends.
• INTEGRITY - Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their official duties.
• OBJECTIVITY - In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit.
• ACCOUNTABILITY - Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.
• OPENNESS - Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands.
• HONESTY - Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest.
• LEADERSHIP - Holders of public office should promote and support these principles by leadership and example. In addition, all colleagues, partners and members of the public have the right to be treated equally and should not be discriminated against on the grounds of age, disability, gender reassignment, pregnancy, maternity, race, religion or belief, sex, sexual orientation or marital/civil partnership status. The PCC, DPCC has a responsibility to ensure that the office’s Equality Policy is adhered to in all work activities.

The PCC, DPCC must treat the public, partners, and colleagues fairly, efficiently, politely and in line with the Office of the Police and Crime Commissioner OPCC) policies. In addition, the PCC, DPCC will do the following:

• Commit to publish and abide by this ethical Code of Conduct and will ask his/her Deputy to do the same if in post.
• Ensure an open and transparent process when appointing the Chief Constable and all key staff and include an independent external member on the appointing panel.
• Publish up-to-date accessible data on his/her pay, rewards, gifts and hospitality, business interests and notifiable memberships on the OPCC

3. The Police and Crime Commissioner Oath

All PCCs take an oath when accepting their role, which includes a commitment to act with impartiality, integrity, and transparency. The PCC pledges to lead policing for the people and therefore the PCC is not only responsible for their own ethical standards but for the standards of those in their office and those of the Chief Constable.

4. College of Policing Code of Ethics

The College of Policing Code of Ethics sets out policing principles and the standards of behaviour expected of police forces in England and Wales. The Commissioner will abide by the Code of Ethics, promote the Code amongst the OPCC staff and ensure that it is embedded in both the OPCC and the wider Force.

5. Use of resources

The PCC is responsible for ensuring effective and efficient use of the public resources.

The PCC will use resources responsibly and will always look to provide value for money. There are legal requirements, policies and procedures in place concerning the use of resources.

Financial regulations including contract standing orders can be found on the policy section of the OPCC website.

The PCC will not use the resources of the Office of the Police and Crime Commissioner/Bedfordshire Police for personal benefit or for the benefit of any other person in relation to any personal business interest.

These resources will not be used improperly for political purposes, including party political purposes. The PCC, DPCC will only claim expenses and allowances in accordance with the expenses policy that is aligned to the Home Office published scheme.

The Expenses Policy can be found below.

6. Confidentiality and the General Data Protection Regulation

The PCC, DPCC will respect the confidentiality of the information to which they have access to because of their role. This includes respecting the interests of OPCC colleagues, officers and staff from Bedfordshire Police, partner organisations and of the general public. Any information to which access is available must not be used for personal gain or passed on to others who might use it in this way.

The PCC, DPCC must not discuss confidential matters including the contents of confidential documents unless permitted to do so. The PCC, DPCC will not disclose information given to him/her in confidence or information acquired which is of a confidential nature, unless they have the consent of a person authorised to give it; they are required by law to do so (for example for safeguarding) or for the lawful purposes of the OPCC.

Any disclosure of information made must be reasonable, proportionate, and legal.

The PCC, DPCC will not prevent another person from gaining access to information to which they are entitled to by law. Data Protection Act 2018 laws are to be observed at all times.

7. Register of Dis-closable Interests

The PCC, DPCC will declare any dis-closable interests, including those arising in relation to gifts and hospitality and those of a pecuniary nature. He/she will act solely in the public interest and in exercising the functions of the office, will not act to gain financial or other benefits for his/herself, family, friends, or any person in relation to any business or use or attempt to use the office to confer or secure for any person, including his/herself, an advantage or a disadvantage.

Within 28 days of taking office, the PCC will enter any dis-closable interest into the register held in the OPCC. This must be reviewed on an annual basis.

The register is published on the OPCC website.

This register will be updated within 28 days of any change in circumstances.

8.Conflicts of Interests

 In any case where the interests of exercising the functions of the Commissioner may conflict with any dis-closable or other interest, which has become known to them, they will as soon as possible declare any such conflict to the Head of Governance and Transparency. In consultation with the Chief Executive/ Monitoring Officer and the Head of Governance and Transparency, it will be determined whether the conflict of interest is so substantial that the function should not be exercised personally but should be delegated or dealt with in some other manner to ensure the conflict of interest does not arise.

If the PCC, DPCC acting in the capacity of the PCC, DPCC, is involved in any civil or criminal legal proceedings or any legal proceedings these should be reported to the Chief Executive/Monitoring Officer and/or Deputy Monitoring Officer as most expedient.

9. Transparency

The Register of Interests and Register of Gifts and Hospitality will be published on the OPCC website.

Meet The Team–Bedfordshire PCC

10. Making a complaint about the Commissioner or DPCC

If a member of the public, employee or partner organisation wishes to raise a concern/complaint about the conduct of the PCC, this should be reported to the Chief Executive/Monitoring Officer, and sent to the Police and Crime Panel for consideration;

Bedfordshire Police and Crime Panel | Bedford Borough Council

If a member of the public, employee or partner organisation wishes to raise a concern/complaint about the conduct of the DPCC, this should be reported to the Chief Executive/Monitoring Officer for consideration.

Expenses Policy 2024.pdf

STANDARD OPERATING PROCEDURES:
OFFICE OF THE BEDFORDSHIRE POLICE AND CRIME COMMISSIONER

Expenses of the Police and Crime Commissioner

Secretary of State for Home Department - determination on Police and Crime Commissioner expenses

Introduction

Paragraph 3 of Schedule 1 to the Police Reform and Social Responsibility Act 2011 provides that a Police and Crime Commissioner PCC is to be paid authorised allowances:  authorised allowance means allowances, in respect of expenses incurred by the Commissioner in the exercise of the Commissioner's functions, which are of the kinds and amounts determined by the Secretary of State. A determination under paragraph 3 may make different provision for different cases.

Authorised allowances

The purpose of authorised allowances is to reimburse expenses incurred by PCCs in carrying out their duties, not to provide a general gratuity for undertaking the role.

Commissioners are paid a salary determined by the Secretary of State on the advice of the senior salaries review board.

The kinds of allowances determined by the Secretary of State for the purposes of paragraph 3 of Schedule 1 to the 2011 Act are allowances in respect of:
•• travel expenses
•• subsistence expenses
•• exceptional expenses
•• reasonably incurred by a PCC in the exercise of the commissioner’s functions.

The amounts of such allowances determined by the Secretary of State are set out in the table within the PDF document. 

45p per mile for first 10,000 miles, then 25p per mile

Chief Executive Approval

The Commissioner’s Chief Executive should subject all of the Commissioner’s claims for expenses to rigorous verification and auditing.

Any claims for exceptional expenses incurred by the Commissioner in the exercise of the Commissioner’s functions will require the approval of the Commissioner’s Chief Executive. In considering whether to grant this approval the Chief Executive shall consider the following factors:

••• whether there are exceptional circumstances warranting additional support
••• whether the Commissioner could reasonably have been expected to take any action to avoid the circumstances which gave rise to the expenditure or liability
••• whether the Commissioner’s performance of their Commissioner functions will be significantly impaired by a refusal of the claim

In absence of the Commissioner’s Chief Executive, the Chief Finance Officer S151  Officer is required to review and approve the Commissioner’s claims and expenses.

Publishing Allowances
Under paragraph 1(d) of the Schedule to the Elected Local Policing Bodies (Specified Information) Order 2011, PCCs are required to publish the allowances paid to them and to their deputies in respect of expenses incurred by the commissioner or deputy in the exercise of the commissioner’s functions.

PCCs and their deputies should publish a breakdown of their expenses including:

•• their name, force area, financial year, month, date, claim reference numbers, expense type (e.g. travel, accommodation), short description, details, amount claimed, amount reimbursed, amount not reimbursed, and the reason why a claim was not reimbursed

•• for travel and subsistence claims: date, place of origin, place of destination, category of journey, class of travel, mileage, length of hotel stay, category of hotel stay

Information Source: Information surrounding this policy can be found on the Gov.uk website under publications - or you can see the PCC current expenses.

Decision Making Policy 2024.pdf

STANDARD OPERATING PROCEDURES:

OFFICE OF THE BEDFORDSHIRE POLICE AND CRIME COMMISSIONER

Title	Decision Making Policy
Area of Compliance	Compliance
Version No.	2.0
Senior Lead	Head of Governance and Transparency
Author	Compliance

Revision History

Date	Revision	Change	Review Date
May 2016	1.0	New Document	May 2017
May 2017	1.0	No Change	May 2018
28 September 2018	1.0	No Change	September 2019
September 2019	1.0	No Change	September 2020
19/06/2020	1.0	No Change	19/06/2021
17/09/2021	1.0	No Change	17/09/2022
17/10/2022	2.0	New OPCC logo added	17/09/2023
29/09/2023	2.0	No Change	17/09/2024
20/08/2024	2.0	No Change	20/08/2025

A Policy Statement on decision making by the Police and Crime Commissioners for Bedfordshire, Cambridgeshire, and Hertfordshire

Introduction

The statutory framework for decision making by Police and Crime Commissioners PCCs) consists of:

• Police Reform and Social Responsibility Act 2011,this creates the PCC as a corporation sole, assigning functions, giving ancillary powers to facilitate the principal functions, and requiring that their decisions and actions be reviewed and scrutinised by a Police and Crime Panel. It also enables the Local Government Ombudsman to investigate any allegations of apparent maladministration by the PCC,
• The Policing Protocol Order 2011 highlights that the PCC will be responsible for the totality of policing and that their conduct must abide by the seven Nolan principles of good governance in public life,
• The Elected Local Policing Bodies (Specified Information) Order 2011 and The Elected Local Policing Bodies (Specified Information) (Amendment) Order 2012 set out the information which must be published relating to decision making,
• The Financial Management Code of Practice for the police service provides clarity around financial governance arrangements,
• Various general social and organisational legislation e.g., Human Rights Act 1998, employment law, local Government Acts.

The quality of a decision is usually judged on its outcome after the event. However, a robust decision making process is likely to produce more consistent, reliable, and objectively sustainable decision rather than a weak one. This policy and associated guidance seek to set the right framework to facilitate good decisions, which will inevitably range from routine administrative, technical, or professional decisions to those of significant public interest.

Decision making culture

Policing in this country is carried out by the consent of the public. If the public are to trust the PCC to use their powers wisely and fairly, and to continue to grant their consent, it is critical that clear ethical standards and the highest levels of integrity underpin the PCC’s decision making process.

The principles set out below will help to ensure that the decisions of the PCC will comply with those aspirations and expectations.

Principles

The overarching principles for decision making to be adopted by the PCCs for Bedfordshire, Cambridgeshire and Hertfordshire BCH) are that all decisions will be in accordance with the:

• powers and duties established within the statutory framework,
• good governance principles[1],
• Nolan principles[2],
• good administrative practice[3].

Good governance principles

Governance comprises the arrangements put in place to ensure that the intended outcomes for stakeholders are defined and achieved.

The fundamental function of good governance in the public sector is to ensure that entities achieve their intended outcomes while acting in the public interest at all times.

Nolan principles

1. Selflessness

Holders of public office should act solely in terms of the public interest.

2. Integrity

Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.

3. Objectivity

Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.

4. Accountability

Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.

5. Openness

Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.

6. Honesty

Holders of public office should be truthful.

7. Leadership

Holders of public office should exhibit these principles in their own behaviour. They should actively promote and robustly support the principles and be willing to challenge poor behaviour wherever it occurs.

Decision making process

Through adopting the above principles, the PCC will ensure that the right climate is set for decision making. These principles are all of critical importance but require the consistent application of good process. Although some of the decisions to be taken by the PCC will be of significant public interest, complex and costly, the basic process to be followed prior to each decision will be:

• all relevant material, information and facts will be assembled,
• consultation with all interested and affected parties,
• consideration of all available courses of action,
• specialist / significant advice sought,
• information presented which focuses on the core issues, and is consistent with the police and crime commissioner’s aims and objectives
• consider risk
• consider financial implications
• consider performance measures
• consider value for money
• consider equalities issues.

The scale of each of the above elements will depend upon a number of factors such as the level of public interest, the risk, impact, complexity, and cost.

A plan of forthcoming business to be considered by the PCC will be maintained.

The PCC will make significant decisions at the PCC’s board meetings. The name of this board is different in the 3 offices, but all can be seen on the respective websites of the PCC and will include agendas, reports, and minutes subject to exemptions as detailed below.

Urgent decisions that cannot wait until the next scheduled board meeting because the public interest requires them to be made before such a meeting will be reported to the next board so that the decision can be seen as soon as practicable afterwards.

The ability of PCCs to make decisions quickly and in an agile way is a benefit of the system so board meetings need not consider routine decisions and those that follow a policy approved previously. They must, however, be recorded and follow the process above in a way that is proportionate to the importance of the decision.

All relevant decisions are presented to the Police and Crime Panel at each meeting.

Recording, transparency, and publication

The above policy principles require good record keeping, not only of the decisions taken by the PCC, but also the accompanying information and challenge, which supports each decision.

Therefore, the respective OPCC Chief Executive will ensure that a record of each decision is made, and all associated information retained in accordance with the record management policy.

In addition, the Chief Executive will ensure that once decisions are taken by the Police and Crime Commissioner, they are effectively communicated both internally and externally and, in particular, to ensure that any implementation and accountability arrangements are initiated.

The statutory requirements for transparency [4] set out the minimum standards for access, publication, and availability of information. However, the Offices of the PCCs will ensure that all information used in coming to a decision will be made accessible to local people through a variety of means. The means will be determined by where the decision lies on the sliding scale of public interest including:

• Office of PCC website: decision records and associated papers,
• Media releases,
• Leaflets,
• Social media e.g., twitter, blogs,
• Web casts,
• Annual reports

 Statutory Officers

The Chief Executive (Monitoring Officer) and Chief Finance Officer are part of the legal framework to report contraventions of the law, financial requirements, or maladministration. They have statutory responsibility for identifying contraventions and any deviation from the core principles of good governance and to report anything which gives rise to concern over a proposal, decision, or omission.

These post holders will therefore ensure that this policy and its principles are implemented.

Local Controls and Mechanisms

In order to ensure good governance in relation to decision making the PCC will have arrangements in place which will cover the way the OPCC will work. These will include the Scheme of Governance, Financial Regulations, Contract Standing Orders, a Joint Audit Committee, a risk register as well as a register of interests, gifts, and hospitality.

The Scheme of Governance sets out the delegations by the Commissioner to the Deputy Police and Crime Commissioner, the Chief Executive and the police via the Chief Constable and the Chief Constable’s Chief Finance Officer. It forms part of the overall Corporate Governance Framework of the two corporations sole.

The Financial Regulations and Contract Standing Orders form a part of the Scheme of Governance and prescribe the procedural arrangements and financial limits for decisions taken by the PCC’s and Chief Constable’s officers and staff.

The Joint Audit Committee provides independent oversight of governance and financial management of the Corporations Sole. It has a relationship with the internal and external auditors and looks also at Internal Controls, financial reporting, and corporate governance.

The approach to risk set out in the Scheme of Governance, states the risk registers maintained by the Corporations Sole will provide assurance that the decisions made take account of the organisational risks.

Public Interest and Transparency

In assessing the public interest in decisions made, the OPCC will consider all the circumstances, including local ones. The OPCC  will use guidance from the Information Commissioner’s Office ICO) in assessing the public interest. The public interest means the public good, not what might interest the public. There is a general public interest in transparency and accountability. There is therefore a presumption that all decisions should be accessible to the public. However, in some cases there is also a public interest in not disclosing information behind decision making.

The OPCC will consider the exemptions in the Freedom of Information Act 2000 in deciding whether information may be exempt from disclosure and then go on to consider if it is also in the public interest not to disclose it or not to disclose it in its entirety. In addition, it may become appropriate to disclose information after a period of time. For example, a financial negotiation may mean that information that can be disclosed after the transaction has completed when it would not have been in the public interest to disclose it before that happens.

Exemptions in the Freedom of Information Act 2000 are set out in the Act and the general ones are:

• It would cost too much or take too much staff time to deal with the request.
• The request is vexatious.
• The request repeats a previous request from the same person.

In addition, there are specific exemptions:

• Information accessible by other means.
• Information supplied by or relating to bodies dealing with security matters.
• Court records and information relating to court proceedings
• Prejudice to the conduct of public affairs
• Personal information.
• Information provided in confidence.
• Information where disclosure is prohibited by an enactment or would constitute contempt of court.
• If the public interest in confidentiality outweighs the public interest of disclosure.
• Information intended for future publication.
• Investigations and proceedings conducted by public authorities.
• Law enforcement.
• Health and Safety.
• Environmental information.
• Personal information relating to a third party.
• Legal professional privilege.
• Commercial Interests.

Publication Scheme

The Offices of the PCCs have a Publication Scheme which is approved by the Information Commissioner’s Office. This sets out the information routinely published by the offices which is available to the public. The scheme also sets out the information publication requirements of the Elected Local Policing Bodies (Specified Information) Order 2011.

Summary

The Police and Crime Commissioners for Bedfordshire, Cambridgeshire and Hertfordshire have robust and transparent decision making processes that comply with the law and allow the public to see easily what the respective Commissioners are doing to fulfil their role.

[1] The Good Governance Standard for Public Services, OPM and CIPFA) 2005

[2] Standards in Public Life: First Report of the Committee on Standards in Public Life, 2004

[3] Commission for Local Administration, Good Administrative Practice, 2001

[4] Elected local Policing Body (Specified Information) Order 2011, Freedom of Information Act 2000, and Data Protection Act 1998

Gifts and Hospitality Policy 2024

STANDARD OPERATING PROCEDURES:

OFFICE OF THE BEDFORDSHIRE POLICE AND CRIME COMMISSIONER

Title	Gifts and Hospitality
Area of Compliance	Compliance
Version No.	4.0
Senior Lead	Head of Governance and Transparency
Author	Compliance
Authorised by	Chief Executive

Revision History

Date	Revision	Change	Review Date
December 2015	1.0	New Document	2015
December 2016	1.0	No change	2016
December 2017	1.0	No change	2017
September 2018	1.0	No change	September 2019
19/06/2020	1.0	No change	19/06/2021
17/09/2021	1.0	No change	17/09/2022
17/10/2022	2.0	Updated OPCC Logo	17/09/2023
29/09/2023	3.0	All gifts and hospitality of any value to be declared	17/09/2024
29/10/2024	4.0	Policy amended to reflect local Government allowances of recording any gifts and hospitality over the value of £255	17/09/2025

Purpose

The purpose of this policy is to provide guidance to the Police and Crime Commissioner PCC) and all staff of the Office of the Police and Crime Commissioner OPCC) in Bedfordshire, as to the acceptance of gifts, gratuities, and hospitality.

The entire office must comply with this policy, though some sections are applicable only to the following due to the increased risk associated with their role:

• Police and Crime Commissioner
• Deputy Police and Crime Commissioner
• Chief Executive and Monitoring Officer

This guidance is necessary to ensure that:

The actions of members of Bedfordshire OPCC  will not give rise to, or foster suspicion that outside individuals or organisations have gained favour or advantage, by any member of Bedfordshire OPCC accepting gifts or hospitality from any such person or organisation.

No member of Bedfordshire OPCC will accept any gift or hospitality which could cause their judgement or integrity to be compromised, either in fact or by reasonable implication, and thereby damage the reputation of Bedfordshire OPCC.

Any gift or hospitality over the value of £255, whether accepted or declined, will be recorded in the Gift and Hospitality Registry and will be subject to audits.

This policy will apply to all staff working in the OPCC whether employed full-time or part-time, fixed term, permanent, contracted, seconded or on a temporary basis. 

The Gifts and Hospitality policy will be monitored by the Chief Executive to ensure full adherence to the policy at all times.

The following guidance is to be noted on instances where an exemption from any requirement to record is in order, and discretion may to an extent be exercised:

• Where there is an impromptu and unforeseen provision of light refreshments in line with staff duties.
• Where working lunches of a modest standard are offered during OPCC-related meetings, without alcoholic drinks.
• Where a discount is offered on a service or product that is available to the entire office.
• Internal Events refreshments
• Anything that is gifted

All gifts, gratuities, or hospitality accepted or declined, which do not fall within the categories as stated above will be recorded by the PCC, Deputy PCC and Chief Executive in the manner outlined below, and by all other OPCC staff as outlined below.

The following guidance applies to the PCC, Deputy PCC , and Chief Executive. An individual register for each of these positions is required to be updated and maintained by the claimant, with the latest edition to be published on the OPCC website quarterly. It is a statutory requirement that this information be available on an on-going basis.

An individual register for each member of staff working within the OPCC is required to be completed on a quarterly basis. Where possible, acceptance of gifts, gratuities or hospitality must be approved by the Chief Executive.

Should there be any doubt as to whether a gift, gratuity or hospitality should be recorded; advice should be sought from the Chief Executive.

Policy Implications

The provisions of this policy are consistent with the Bribery Act 2010. As with all legislation OPCC regulations must be read and given effect as far as possible in a way which is compatible with the European Convention on Human Rights. In particular, Article 8 of the Convention states that there shall be no interference with a person’s private life unless: -

1. It is in accordance with the law, and
2. Is necessary in a democratic society: -

• In the interests of national security.
• In the interests of public safety.
• In the interests of economic well-being of the country.
• For the prevention of disorder and crime.
• For the protection of health and morals.
• For the protection of the rights and freedoms of others.

Subject to proportionality it can be said on one or more grounds referred to above, that restrictions on the receipt of gifts, gratuities and hospitality are necessary to ensure that the OPCC remains effective, protects its reputation, maintains high standards of conduct and probity from its staff, and avoids any conflict of interest within their duty as a holder of office or member of staff.

The risks emanating from the acceptance of gifts, gratuities and hospitality are to both the individual’s integrity and the organisation’s reputation. Both of these risks will be mitigated by the adoption of this policy and adherence to its guidance.

Responsibilities

The Chief Executive is responsible for ensuring the effective implementation and operation of the arrangements. Managers will ensure that themselves and their staff operate within this policy and arrangements, and that all reasonable and practical steps are taken to avoid discrimination. Each manager will ensure that:

• All their staff are aware of the policy and the arrangements, and the reasons for the policy.
• To ensure that an individual register for each member of staff working within the OPCC is completed on a quarterly basis.

STANDARD OPERATING PROCEDURES:

OFFICE OF THE BEDFORDSHIRE POLICE AND CRIME COMMISSIONER

Title	Complaints
Area of Compliance	Compliance
Version No.	12
Senior Lead	Chief Executive
Author	Compliance

 

Revision History

Date	RH	Change	Review Date
20.01.2025	V1111	Full Review of Policy	20.01.2026

Office of the Police and Crime Commissioner OPCC) for Bedfordshire Complaints Policy

 1.    Introduction

We, at the Office of the Police and Crime Commissioner for Bedfordshire OPCC), are committed to providing an effective, good and professional service to the public at all times. We aim to be a learning organisation, and will endeavour to improve our practice on receipt of feedback or following a complaint.

This policy will outline to you the circumstances in which you can raise a complaint, how you can do so, and how it will be dealt with.

2. What is a complaint

A complaint is an expression of dissatisfaction by a member of the public with the service they have received. It may be about the conduct of one or more persons and/or about the policies or procedures of the organisation.

Sometimes, something goes wrong in the force’s day-to-day dealings with the public. When this happens, we want to ensure that the appropriate person or body responsible for putting it right hears about it and takes appropriate action.

This policy provides guidance in respect of making a complaint about:

• Bedfordshire Police
• Chief Constable of Bedfordshire Police
• Office of the Police and Crime Commissioner OPCC), its staff and volunteers e.g. Independent Custody Visitors)
• Police and Crime Commissioner PCC)

We also carry out reviews against the outcome of certain complaints that have been made to the force (police complaint reviews - Complaint Review Page)

We would also like to hear if you believe any of our staff or officers have exceeded your expectations and gone further to help resolve your query, question, or crime.

We cannot deal with the following matters:

• Complaints about policies or procedures of Bedfordshire Police
• Operational policing matters
• Matters under consideration of the Courts Service
• Dissatisfaction with matters in your local area, e.g. inconsiderate parking
• Complaints about PCCs, Deputy PCCs or PCC’s staff and policies, other than Bedfordshire
• Complaints about the Bedfordshire Police and Crime Panel
• Complaints arising from dissatisfaction with the outcome of a police complaint review
• Any complaint for which we are not the appropriate organisation to deal with it
• Complaints from staff members about other staff members, for which the Fairness at Work Policy should be followed.
  
  There may also be occasions where an individual raises a complaint which has already been dealt with through this process, we will not reconsider a repetitious complaint if due process has been followed.

3. How to make a complaint or request a complaint review?

You should contact us directly if you wish to make a complaint. We would prefer this to be in writing, so that there is a clear record of the issues you want to raise and what outcome you are seeking, although if you are unable to do this, you can either ask someone else to write it down for you, or you can telephone the office and we will arrange for someone to take down the details of your complaint for you. Therefore, you can make a complaint by email, letter or telephone, and our contact details are Contact Us–Bedfordshire PCC

Unless stated elsewhere in this policy (such as complaint reviews), there is no time limit on when you can make a complaint, but it is best to do it as quickly as possible after the incident occurred. If you leave it a long time after the incident to make the complaint, we may not be able to deal with it as time will have passed, recollections faded, and records may have been destroyed. If a long time has passed (e.g. more than 12 months) please explain why you are now raising the issues, which will help us to ascertain whether we can deal with it.

If you would like to request a review of a police complaint which has been dealt with by Bedfordshire Police, there is a specific form to complete, which you will find on our website: Complaint Review Page. We will also accept a review request which does not use the form, if you can provide the information asked in another way.

You must submit your review request within 28 days of the date which the review is finalised by the force, based on the date on the outcome letter sent to you. e.g. if the letter is dated 1 April, you must submit by 29 April).

4. What will happen when are complaint is made?

Once we receive your complaint we will acknowledge it in a timely manner. An initial analysis will be carried out, and if the issues you raise do not fall within our remit, we will let you know, and signpost you elsewhere if we can. In some circumstances we are required to directly refer your complaint to a specific organisation (such as Bedfordshire Police), if this is the case we will let you know.

Where the complaint is rightly directed at us, we will seek to resolve the matter immediately and without delay if possible and appropriate, and if you agree with this. Examples of action we might take could be correcting an action, putting right a wrong, an explanation or an apology; this may bring the matter to a close satisfactorily for you, and be an appropriate and proportionate response.

Otherwise, following initial analysis your complaint will be considered fully, and a decision will be made how to handle it. Some complaints are straightforward to address, and others will be more complex, and more information will need to be sought to properly understand the issues raised and other relevant detail. If your complaint is complex and information is needed from external partners or Bedfordshire Police, it may take some time to complete.

Different approaches will be taken for different types of complaints as follows:

5.    Complaints against Bedfordshire Police Force, including its officers and staff

A complaint is any expression of dissatisfaction with a police force that is expressed by or on behalf of a member of the public. It must be made by a person who meets the definition of a complainant, which is within the Independent Office of Police Conduct IOPC) Statutory Guidance. There must also be some intention from the complainant to bring their dissatisfaction to the attention of the force or local policing body. A complaint does not have to be made in writing, nor must it explicitly state that it is a complaint for it to be considered as one.

The Chief Constable is the appropriate authority for complaints, civil issues and other matters concerning operational policing, police officers and police staff of Bedfordshire Police Force. The Chief Constable delegates this function to departments within Bedfordshire Police to review and investigate complaints.

The PCC is therefore not involved in investigations of such complaints. The Chief Constable delegates are the correct authority to respond to all complaints concerning police officers and police staff.

Complaints about any member of Bedfordshire Police Force (except the Chief Constable) can be sent directly via the force website at: Make A Complaint and follow the process outlined for complaints.

Alternatively, you may wish to e-mail your complaint directly to: [email protected]

Complaints about Bedfordshire Police Force received by the OPCC will be acknowledged within 10 working days and forwarded on to Bedfordshire Police Force to review and respond. The PCC oversees how the force deals with all complaints through dip sampling.

6.    Complaints against the Chief Constable

The appropriate authority for a complaint or recordable conduct matter that relates to the conduct of a Chief Constable or acting chief officer is the local policing body with responsibility for that police force area, this is the Police and Crime Commissioner.

The Police and Crime Commissioner delegates responsibility to review and investigate Chief Constable complaints to their Chief Executive OPCC.

Chief Constables engage with the public in a different way to most police officers. They are not usually involved in front line policing, but they can still be the subject of a complaint. They may also be included in complaints made about their police force. When people raise concerns about Chief Constables, the OPCC should establish whether the matter is an expression of dissatisfaction and make sure the complainant is eligible to complain, as they do for all complaints.

The OPCC is the appropriate authority only when a complaint is about the conduct of the Chief Constable. Therefore, it is vital that the OPCC clarifies whether a complaint that references the Chief Constable does actually involve his or her conduct. If it is about the decisions of the force in general, or about a delegated power rather than the Chief Constable, these matters should be directed to the correct appropriate authority – this being Bedfordshire Police.

Chief Constable’s or Police and Crime Commissioners may receive complaints about the Chief Constable that do not relate to their direct actions, but instead reference actions that have been delegated or given to another member of the police force to carry out. From a complainant’s point of view, the Chief Constable represents the Force. These complaints are often made in good faith, but without a clear understanding that in practice, the matter does not involve the Chief Constable. The OPCC would provide a response that explains that the matters raised will be addressed by the appropriate authority and will include about the next steps.

In the initial analysis the Chief Executive OPCC will need to determine whether the complaint is about the personal conduct of the Chief Constable (or acting Chief Constable). If not, the complaint will not be dealt with by the OPCC, and you will be advised of this and notified of the body who should deal with your complaint. We are required by law to refer your complaint to the correct body.

If it is about the conduct of the Chief Constable, the complaint will be logged by the Chief Executive or another senior member of staff. At this point we will contact you to explain the options available to you, including what you can do if you are dissatisfied with the way in which we propose to handle your complaint.

If appropriate we will endeavour to resolve the complaint at this initial stage. Complaints handled in this way may be ones where we are able to provide an explanation or additional information, and you agree that these steps are sufficient to remedy the matter to your satisfaction.

If we are unable to resolve the complaint at the initial stage, or you are dissatisfied with this approach, you can request that the complaint is formally dealt with under the police complaints legislation at which point we will record the complaint. Recording a complaint means that it has formal status under the Police Reform Act 2002 and will be dealt with in accordance with legislation. Some complaints are automatically required to be recorded if they meet certain criteria under the legislation. The decision to record will be notified to the complainant as soon as is practicable following receipt and consideration of the complaint.

We may have to refer some types of complaint to the Independent Office for Police Conduct IOPC) for their consideration, due to their nature. The IOPC will then decide whether the matter should be investigated. We will advise you if a referral to the IOPC has been made and we will inform you whether the IOPC has decided that it should be investigated by them or referred back to us to address in accordance with this policy.

When we deal with a recorded complaint, we must do so in a reasonable and proportionate way taking into account the matter in hand. As explained in the IOPC Statutory Guidance:

"this means doing what is appropriate in the circumstances, taking into account the facts of the matter and the context in which it has been raised within the framework of legislation and guidance, weighing up the matter’s seriousness and its potential for learning, against the efficient use of policing resource's."

We will deal with each complaint in an appropriate way, and we may carry out an investigation, contacting others to learn more about it. On occasions we may inform you that no further action will be taken, and this might be because further action might be disproportionate to the complaint raised. Sometimes, the outcome you want may not be possible, or may not be reasonable or proportionate. If and when it becomes apparent that the outcome of a complaint is unlikely to meet your expectations, we will contact you to explain the reason for this to you. We will also explain to you if we are going to take no further action with your complaint.

Once we have completed our investigations we will inform you in writing of the outcome of your complaint. This will include an explanation of how the matter has been handled, the actions taken, the findings and the outcome. If appropriate, it will also include the reasons for not taking certain actions.

At the same time, we will provide you with details about your rights to a review, who to address your request for a review to, and what you are required to include in your request. The IOPC is the review body in relation to complaints against the Chief Constable that have been dealt with by the OPCC.

We have a duty under the Police Reform Act 2002 to inform Bedfordshire Police of the details of complaints made against the Chief Constable. The force is required to record details of these complaints on the Professional Standards Department databases.

If a complaint involves the Chief Constable and other officers or staff of the force, the PCC will only be responsible for the Chief Constable element of the complaint.

Making a complaint

If you wish to make a complaint about the Chief Constable, then please set out clearly what the complaint is about in writing to the address below:

Office of the Police and Crime Commissioner Bedfordshire Police Headquarters

Woburn Road Kempston Bedford MK43 9AX

Or via email at: [email protected]

Right of Review

You have a right to review the decision of the OPCC in regard to the Chief Constable Complaint, in writing to the IOPC, who can be contacted at:

Independent Office of Police Conduct

PO Box 473

Sale

M33 0BW

enquiries-police-conduct-gov.uk

Telephone Number: 03000200096

7.    Complaints against a member of staff of the OPCC

The staff of the OPCC strive to uphold the highest standards in their dealings with the public. All members of the OPCC staff and volunteers are required to comply with the Code of Conduct, which can be found on our website here. The Code of Conduct incorporates the seven Nolan Principles to which all members of staff have agreed to adhere.

Complaints about members of OPCC staff or volunteers should be submitted to the Chief Executive. Either the Chief Executive or another senior member of staff will conduct the initial analysis and determine whether the complaint is valid as outlined in this policy. A complaint may be determined to be not valid if it is vexatious or repetitious or a complaint for which either another process exists or due process has already been exhausted. For example, dissatisfaction against a decision made by a member of staff acting on behalf of the Commissioner will not be classed as a valid complaint.

If appropriate we will endeavour to resolve the complaint at this initial stage. Complaints handled in this way may be ones where we are able to provide an explanation or additional information, and you agree that these steps are sufficient to remedy the matter to your satisfaction.

If an immediate resolution is not possible or appropriate we will consider in detail the complaint matter, speaking to individuals or partners as appropriate. The Chief Executive may ask a senior member of the OPCC team who has not been involved in the matter to carry out a fact-finding exercise and report back with recommendations. Any complaint investigation will be conducted in collaboration with relevant bodies, as appropriate. We will keep you updated on progress with investigating your complaint, the likely date of conclusion, and endeavour to resolve the matter promptly as far as possible. While the complaint is being looked into, if the staff member is working on something that is related to the reason you raised the complaint, we may need to pause this work while the complaint is looked into.

Once concluded we will write to you with the outcome of the complaint, and we will tell you how we reached such an outcome. We may need to keep some information confidential, but we will share what we can. Although complaints may refer to the conduct or behaviour of a particular member of staff, any issues concerning the employer/employee relationship, including disciplinary action, will be addressed under separate internal procedures, and we may not be able to share details of this with you.

The Chief Executive’s decision is final and there is no route of appeal for this type of complaint.

Should you have a complaint against any member of the PCC’s staff, then please write to the Chief Executive at the address below:

The Chief Executive

Office of the Police and Crime Commissioner Bedfordshire Police Headquarters

Woburn Road Kempston Bedford MK43 9AX

Or via email at: [email protected]

If your complaint is against the Chief Executive or Chief Finance Officer (statutory officers), you should address it to the PCC directly. He will follow the same steps outlined for other staff members above and may engage assistance to enable him to do so.

If the complaint refers to the Commissioner’s statutory officers (Chief Executive/ Chief Finance Officer), the complaint should be addressed to:

Police and Crime Commissioner

Office of the Police and Crime Commissioner Bedfordshire Police Headquarters

Woburn Road Kempston Bedford MK43 9AX

Or via email at: [email protected]

8.    Complaints against the PCC

The Police and Crime Panel PCP) for Bedfordshire is responsible for handling complaints against the PCC.

A complaint form is available on the PCP’s webpage at: https:/www.bedford.uk/council-and-democracy/beds-police-crime-panel/

This may be submitted electronically, or alternatively downloaded for completion. A hard copy of the form may be obtained by telephoning (01234) 228256. If you are unable to use the online form, please email the PCP directly at: [email protected] 

Forms submitted through the PCP’s webpages will automatically be forwarded to the Council’s Monitoring Officer. Hard copies of the complaint form should be sent to:

Monitoring Officer Bedford Borough Council Borough Hall

Cauldwell Street Bedford

MK42 9AP

The PCP complaints policy is available at the following link:

9. Managing unacceptable or unreasonable complainant behaviour

Complainants have the right to be heard, understood and respected, and we are committed to ensuring that people are able to access the complaints system.

However, in a small number of cases, people pursue their complaints in a way that is unacceptable. They may behave unacceptably, be unreasonably persistent in their contact, or make unreasonable demands. This can have an impact on the health and safety of complaint handlers. It can also have an impact on the handling and resolution of their complaint.

This policy should be read in conjunction with the policy called Managing Public Contact which will outline how we will deal with unacceptable or unreasonable behaviour.

10. Confidentiality and Support

All complaints are treated confidentially. We will use the information that you provide us for the purpose of complaint handling and resolution or investigation including sharing information with third parties if it is necessary to deal with your complaint. As a public authority we process your personal data in the exercise of our official authority and/or in performance of a task in the public interest.

Once the complaint has been looked into, we may take action that we choose not to share with you, in order to maintain the individual’s rights within their employment contract. We will store information relating to complaints in accordance with our information management policies, and where appropriate we will record complaint information on an individual’s HR file.

For more information on how we collect and use your personal data, please see our Privacy Notice.

We are unable to accept anonymous complaints under this policy.

Appendix A: Signposting

 

Complaint type	Where to direct
Complaints against police officers below the level of Chief Constable, Police Community Support Officers or Police Staff or Volunteers	Bedfordshire Police or another force if not Bedfordshire.
Complaints about policies or procedures of the force
Operational policing matters

 

Matters under consideration of the Courts Service	Once legal proceedings have become active e.g. an arrest warrant has been issued, a summons issued or a person has been charged; matters are deemed to be sub-judice. Only on conclusion of the court proceedings could the matter be investigated by the relevant agency. This will also include matters being dealt with under civil proceedings
Complaints about PCCs, Deputy PCCs or PCC’s staff and policies, other than Bedfordshire	Use APCC to help you find the force area you need - Find your PCC
Complaints about the Bedfordshire Police and Crime Panel	Bedfordshire Police and Crime Panel Monitoring Officer Bedfordshire Police and Crime Panel | Bedford Borough Council

 

Guidance on managing unacceptable and unreasonable complainant behaviour Policy 2025

STANDARD OPERATING PROCEDURES:

OFFICE OF THE BEDFORDSHIRE POLICE AND CRIME COMMISSIONER

 

Title	Guidance on managing unacceptable and unreasonable complainant behaviour
Area of Compliance	Compliance
Version No.	3
Senior Lead	Chief Executive
Author	Head of Governance and Transparency

 

Revision History

Date	Revision	Change	Review Date
28/09/22	2.0	No Change	28/09/23
28/09/23	2.0	No Change	28/09/24
20/08/24	2.0	No Change	20/08/25
30/06/25	3.0	Additional clauses added	30/06/26

Policy Statement

Bedfordshire Office of the Police and Crime Commissioner (OPCC) is committed to providing a high-quality service to everyone it deals with. We value all kinds of complainant feedback, and all expressions of dissatisfaction are treated seriously and recognised as a tool to identify and implement service improvements.

We are committed to dealing with all complainants fairly and impartially. As part of this service, we do not normally limit the contact that our complainants have with us. However, in a minority of cases, there are occasions when a complainant or correspondent conducts themselves in an unacceptable or unreasonable way towards the Police and Crime Commissioner (PCC) and or their staff.

Complainants can pursue their dissatisfactions/complaints or queries in a way which can either impede the progress of their issue or can create serious resource issues and the impact the welfare of its staff. These actions can occur either while their complaint/concern is being dealt with, or once findings have been concluded.

Whilst reasonable efforts will be made to understand any underlying cause of the behaviour, some conduct can be detrimental to the normal running of the Police and Crime Commissioner’s Office (OPCC. The aim of this policy is to create a transparent framework for dealing with such behaviour.

This policy aims to guide OPCC staff in the management of unreasonable or unreasonably persistent complainant complaints and creates a transparent framework for dealing with such behaviour.

This policy may be applied to any complainant or correspondent interacting with the PCC or the OPCC, irrespective of the person or organisation who is the subject of the complaint/correspondence and whatever the nature is of the complaint/correspondence, including, but not limited to:

• A formal complaint.
• A request for information under the Freedom of Information Act 2000, Data Protection Act 2018 or the General Data Protection Regulations.
• Applications for review under Schedule 3, Police Reform Act 2002 and the Police (Complaints and Misconduct) Regulations 2020

We would ask you to be mindful that the person dealing with your correspondence/complaint is managing many cases at any one time, using their time to best effect. This is much harder to do well if you make frequent, lengthy contacts and or keep sending them the same information. This gets in the way of us dealing with your correspondence/complaint and others.

Please note that this also applies to contacting us after our decision on your complaint, or when in our view our ability to assist you in the matter has been exhausted. We will not continue communicating with you in these circumstances. Continued contact or attempts to make the same complaint/raise the same issue prevent us from carrying out our work effectively.

The decision to restrict contact with the OPCC will be taken by the senior management team where appropriate and will normally follow a prior warning to the complainant. Any restrictions imposed will be appropriate and proportionate. Amongst the options that may be considered are:

• Requesting contact in a particular form (for example, written correspondence only)
• Requiring contact to take place with a named case manager
• Restricting telephone calls to specified days and times; and/or
• Asking the complainant to enter into an agreement about their future contact with us.

In all cases, where we decide to treat a complainant as an unreasonable or unreasonably persistent complainant, we will write to tell the complainant why we believe their behaviour falls into that category, what actions we are taking and the duration of that action. We will also tell them how they are able to challenge that decision.

Where a complainant whose case is closed persists in communication with us about the same issue, we may decide to terminate contact with that complainant about the matter. In such instances, we will read all correspondence from that complainant, but unless there is fresh evidence or new information which affects our decision on the complaint, we will either acknowledge it without further comment or place it on the file with no acknowledgement.

New complaints dealing with unrelated issues from people who have come under the unreasonably persistent complainant’s policy will be treated on their merits.

Unreasonable or unreasonably persistent complainant

An unreasonable or unreasonably persistent complainant can take up a disproportionate amount of time that can hinder the other work of the PCC or their staff to carry out their roles effectively. We must therefore ensure that we use our resources both wisely and proportionately and limit the amount of time spent on queries that are considered to be unreasonable or unreasonably persistent.

Complainants demonstrating unreasonable behaviour and unreasonably persistent complainants may have justified complaints or grievances but are pursuing them in inappropriate ways; or they may be intent on pursuing complaints that appear to have no content, or which have already been dealt with and responded to.

Unreasonable behaviour may include, but is not limited to:

• Refusing/failing to specify the grounds of a complaint, despite offers of help.
• Refusing/failing to cooperate with the complaint investigation process.
• Refusing to provide information needed to conduct an investigation.
• Refusing/failing to accept that certain issues are not within the scope of a complaint’s procedure, or the remit of the OPCC.
• Insisting on the complaint being dealt with in ways which are incompatible with the adopted complaints procedure or with good practice.
• Making unjustified complaints about staff who are trying to deal with the issues and seeking to have them replaced.
• Changing the basis of the complaint as the investigation proceeds, including re-framing or re-wording a complaint that has already been finalised.
• Denying or changing statements they made at an earlier stage.
• Introducing trivial or irrelevant new information at a later stage.
• Raising many detailed but unimportant questions, and insisting they are all answered.
• Submitting falsified documents from themselves or others.
• Adopting a ‘scatter gun’ approach: pursuing parallel complaints on the same issue with various organisations.
• Contacting different people in an attempt to secure a different outcome.
• Making excessive demands on the time and resources of staff with lengthy phone calls, emails to numerous OPCC staff, or detailed letters every few days, and expecting immediate responses.
• Refusing to accept the OPCC’s decision about the complaint or issue and or repeatedly arguing points with no new evidence.
• Submitting repeat complaints/correspondence with minor additions/variations the author insists make these ‘new’ complaints/issues.
• Submitting vexatious complaints/correspondence, i.e., those which have no basis and are submitted purely to cause or have the effect of causing annoyance or disruption.

Complainants have often experienced traumatic or distressing circumstances that lead them to make a complaint. Anger or frustration about the complaint is a common response, but it can become unacceptable if it escalates and/or becomes abusive, and/or is personally directed at complaint handlers.

In this context, unacceptable behaviour is defined as any behaviour that has the potential to cause harm, injury or negatively impact on the health and safety of complaint handlers. Unacceptable behaviour may be isolated to a single incident or form a pattern of behaviour over time. Even if a complaint has merit, a complainant’s behaviour can still be unacceptable.

People communicate and express themselves differently depending on their background and a range of other factors. It is important to be aware that formality, pacing and emotion can vary significantly across cultures. Certain mental health conditions or disabilities may make it difficult for people to express themselves and/or to communicate clearly. Forces should always aim to make the complaints system accessible to all and, where appropriate, make reasonable adjustments if they are advised of access requirements. However, they may still need to put in place contact strategies in some circumstances.

Types of unacceptable behaviour

Violent, threatening, or abusive behaviour

Complainants may be distressed or upset because of the circumstances leading to their complaint. The complainant’s behaviour is considered unacceptable when these emotions lead to behaviour which is violent, threatening, or abusive.

Staff should not endure or tolerate violent, threatening, or abusive behaviour. The safety and wellbeing of staff should always be protected, even if the service provided to the complainant has fallen short of expected standards.

Violent, threatening, or abusive behaviour may involve any or all of the following:

• verbal abuse, derogatory, discriminatory, or defamatory remarks (verbal or written)
• escalating agitation, intimidating body language or invasion of personal space harassment, intimidation, or threats
• harassment, intimidation or threats.
• threats or harm to people or property
• stalking (in person or online)
• psychological manipulation
• oppressive or coercive behaviour

Where such behaviour threatens the immediate safety and welfare of OPCC staff, the police may be contacted, and legal action may be contemplated.

What is unreasonable behaviour?

Unreasonable persistence

A complainant’s behaviour may be unreasonable if they continue to write, email or telephone about their complaint(s) excessively (and without providing new information) despite being assured that their complaint is being dealt with or being told their complaint has concluded.

While this behaviour may not appear to be as severe as violent, threatening, or abusive behaviour, it is considered unreasonable because of the impact it can have on the time and resources of staff, which in turn can impact on the capacity to manage other complainants.

Unreasonable persistence may consist of:

• persistently calling, writing, or emailing to demand updates, despite being assured that matters are in hand, and being given reasonable timescales for when an update can be expected
• refusing to accept reasonable explanations following the conclusion of a complaint, and/or failing to follow appropriate review channels
• contacting different people in the same organisation to try to secure a different outcome
• the volume or duration of contact impacting on the ability of complaint handlers to carry out their functions (this can include calling several times repeatedly on the same day)
• re-framing or re-wording a complaint that has already been finalised
• persisting with the complaint despite failing to provide any evidence to support it after numerous requests to do so

Unreasonable demands or obstructive behaviour

This type of behaviour is considered unreasonable because of its impact on the time and resources of the organisation, its services, and staff, and on the ability to thoroughly investigate the complaint. It can include:

• repeatedly demanding responses within an unreasonable timescale, or insisting on speaking to a particular member of staff despite being told that it is not possible or appropriate
• not following appropriate channels for engagement, despite receiving information more than once about the appropriate channel/s to use
• issuing demands about how their complaint should be handled, despite being told about the process and receiving regular updates
• demands to speak to senior leaders/managers at the outset, before the call handler has fully considered the complaint
• repeatedly copying staff into emails sent to other public bodies where there is no demonstrable reason to do so
• refusing to provide information needed to progress an investigation

Unreasonable persistence and demands can impact on staff wellbeing, supervisors and managers should make sure appropriate support is in place to support.

Underlying causes

There are many reasons why a person’s behaviour may become unacceptable or unreasonable. Case handlers should not make assumptions about what is driving the behaviour. Understanding the reasons behind it is vital in deciding how best to manage it.

Frustration caused by poor communication and/or lack of timeliness when handling a complaint can cause a complainant’s behaviour to escalate. When a complainant displays unacceptable or unreasonable behaviour, the case handler should consider the following questions:

• Have we explained the complaints process to the complainant and checked they understand it? i.e. That the point of contact for police complaints is Bedfordshire Police not the OPCC or is it a Chief Constable complaint.

OPCC Oversight – Questions can be reviewed against police action and rationale.

• Has the complaint been handled in a reasonable and proportionate manner?
• If the complaint is ongoing, has the communication been regular and effective with the complainant?
• Have we asked the complainant if they would benefit from additional support? If so, has the complainant received this?
• If a decision has been made on the complaint, has the complainant been given a clear rationale for the decision, in a way that they can understand how that decision has been reached?

If the case handler answers ‘yes’ to these questions and the behaviour of the complainant is still unacceptable or unreasonable, a decision needs to be made on how best to manage it. If these obligations have not been met, steps should be taken to address any shortcomings where appropriate. This may be enough to stop the behaviour.

Needs of individual complainants

Throughout the complaints process, the case handler should be alive to the possibility a complainant may have additional needs, and if so, consider whether providing that complainant with additional tailored support would make it easier for them to make their complaint. Throughout the complaints process, all reasonable efforts should be made to make sure additional needs are identified and catered for as far as possible and practicable.

Where it is identified that a complainant requires additional support, appropriate steps should be taken to address their needs in a way that satisfies the requirements of the Equality Act. If unsure of these obligations, a call/case handler should seek advice from a colleague in their organisation who has responsibility or expertise for equality and diversity issues, or alternatively seek advice from an external organisation.

Case handlers must also be aware of other issues which may hinder a complainant’s ability to effectively access the complaints system. For instance, complainants who lack proficiency in English may become frustrated if they are unable to understand the complaints process or updates regarding their complaint. Reasonable efforts should be made to make sure complainants have a clear understanding of the information communicated to them and, where their understanding is unclear, reasonable measures should be taken to help them.

Verbal abuse, threats or violent behaviour of any kind should not be tolerated by staff under any circumstances. However, the knowledge and understanding that a complainant has specific needs should influence the decision about the most appropriate course of action to take.

Warnings

In most instances if we consider your behaviour is unreasonable or unacceptable, we will explain why and ask you to change it. We will also warn you that, if the behaviour continues, we may take action to restrict your contact with us.

Where your behaviour is so extreme that it threatens the immediate safety and welfare of our staff, we may report the matter to the police or consider taking legal action. In such cases we may not give you prior warning.

Approaches to managing unacceptable or unreasonable behaviour

Before taking steps that reduce or restrict communication, any issues with behaviour should be addressed with the complainant. The case handler should have a clear idea about how they would like their behaviour to change.

The complainant should be informed about the issues with their behaviour and why it is considered unacceptable or unreasonable. They should be advised how they can adjust their behaviour. Some examples of ways to address the behaviour include:

• reminding the complainant that violent, threatening or abusive behaviour will not be tolerated
• summarising the complaint(s) and asking the complainant to confirm that all the issues they have raised have been understood correctly
• providing guidance to the complainant on the structure their correspondence should follow
• informing the complainant about where to send correspondence
• signposting the complainant to other sources of support if they raise matters that fall outside the Office of the Police and Crime Commissioner.

When communicating with complainants who are behaving in an unacceptable or unreasonable way, call handlers should be clear about the consequences if the behaviour continues. Wherever possible, a complainant should be given the opportunity to change their behaviour before a decision is taken to restrict contact.

Immediate action to take if a caller is abusive:

• the complaint/case handler should tell the complainant their behaviour is unacceptable, explaining why the behaviour is unacceptable
• warn them that if the behaviour continues, they will end the call
• report it to a line manager and seek advice on the appropriate steps to take
• a reference note should be made on the case file, setting out why a call was ended and what other actions were taken.

Any member of the OPCC team should be confident and supported to end telephone calls where they experience threatening, or abusive behaviour. Threatening and abusive correspondence is also unacceptable; in this instance an appropriate contact strategy should be created and recorded.

Contact Strategy

A contact strategy may be implemented if unacceptable or unreasonable behaviour continues. A contact strategy will set out how and when further contact with the complainant will take place, any restrictions on communication, and the reason for introducing the strategy.

Before introducing a strategy, consider the following: ‘what are we trying to achieve by implementing this strategy?’ and ‘is restricting contact in this way fair, reasonable and proportionate?’

The complainant should be notified in writing about the strategy (considering any specific needs and reasonable adjustments).

The explanation should emphasise the strategy has been implemented to make sure complaints are dealt with promptly and accurately, and that failure to comply with it could frustrate the handling of their complaint(s).

It must be made clear the strategy relates only to complaints, and that police assistance can still be requested through emergency or non-emergency routes if required.

Contact strategies can include:

• limiting duration of phone calls to specific times
• restricting contact to email or post only (taking into account any reasonable adjustments)
• using a dedicated email address and auto-diverting emails
• blocking email addresses or other communication channels if appropriate
• requiring the complainant to use an advocate for any contact with the complaint handling department
• requiring the complainant to communicate only with a single point of contact (SPOC)

Adhering to and reviewing/revising the contact strategy

It is important the case handler adheres to the contact strategy once it is in place. Any breach of the strategy by the complainant must be dealt with swiftly. A clear reminder should be communicated to the complainant about the consequences of breaching the strategy. They should also be reminded about the reasons for the strategy being introduced.

Systems should be in place locally to review any contact strategies on a regular basis - for instance, every six months. These reviews should make sure the contact strategy is still appropriate and fit for purpose.

The complainant should be told about any changes to the contact strategy. Call handlers should seek advice from colleagues with expertise in equality and diversity issues when making any amendments to agreed reasonable adjustments.

In certain situations, it may be necessary to share details of the contact strategy with partner agencies. However, this should only be done when there are legitimate reasons for doing so and checks should be made to ensure compliance to General Data Protection Regulations (GDPR).

Ending access to the OPCC

It is our decision whether to investigate your complaint. If you continue to behave unreasonably or ignore restrictions we have placed on access to our service, we may decide to end our correspondence or work on your complaint. In exceptional circumstances we may do so without warning. We will write to explain the action we have taken.

Further action

It may be necessary to take further action to protect staff welfare if a contact strategy proves to be unsuccessful and the unacceptable behaviour continues despite numerous attempts to adjust the strategy.

In practice, this should rarely be necessary and should be reserved only for the most severe cases. In these circumstances, it is best to seek legal advice to see what avenues are available under the law to deal with the complainant’s behaviour.

Staff welfare and protecting privacy

Dealing with unacceptable behaviour from complainants can have a significant impact on staff welfare. The office needs to ensure the following:

• opportunities for complaint handlers to routinely report unacceptable or unreasonable behaviour to their supervisors and seek support
• encouraging complaint handlers subject to unacceptable or unreasonable behaviour to discuss their experience and signpost them to employee assistance programmes or other support networks

Although rare, there are cases where complainants have tried to find out about a complaint handler’s private life and used that information to target the complaint handler (for example, the complaint handler’s home address or other personal information).

There are several steps complaint handlers can take to preserve their privacy online. For example:

• conducting regular internet searches about themselves to check whether their name or any other personal information is available in the public domain (for example, their workplace, employer name, social media platforms, home address)
• check social media privacy settings regularly, bearing in mind platforms frequently update these settings
• consider family and friend connections online, and whether people could either use these connections as a means of identification or draw adverse inferences about these connections
• use directory enquiry websites to check whether home contact details are easily accessible (this information can be removed from directory enquiries services on request)
• check listings with Companies House or the Charity Commission (when a person holds a relevant position their full name and current address may be listed)
• take reasonable precautions online, such as:

1. not listing employment details or personal contact information on social media
2. consider using a different name on social media to that used at work, particularly if the name is distinctive
3. consider using a profile picture that does not show the face
4. consider removing colleagues from friends/connections on social media, particularly if they are using their real names
5. avoid following policing social media accounts or interacting with posts
6. consider the cumulative effect of information posted online and how it can be put together to locate officers and staff

Whistle-blowing - qualifying disclosures policy 2024

STANDARD OPERATING PROCEDURES:

OFFICE OF THE BEDFORDSHIRE POLICE AND CRIME COMMISSIONER 

Title	Whistle blowing - Handling of Qualifying Disclosures Policy
Area	Compliance
Version No.	4.0
Senior Lead	Head of Governance and Transparency
Author	Compliance

 

Revision History

Date	Revision	Change	Review Date
28.09.2018	1.0	New Document	28.09.2019
28.09.2019	1.0	No Change	28.09.2020
19.06.2020	1.0	No Change	19.06.2021
17.09.2021	2.0	Protect Details pg. 7)	17.09.2022
17.10.2022	3.0	Added Bedfordshire Victim Care Services BVCS) to policy	17.09.2023
28.09.2023	4.0	No Change	28.09.2024
20.08.2024	4.0	No Change	20.08.2025

The Office of the Police and Crime Commissioner (OPCC) has developed a policy to handle qualifying disclosures that encompasses the protection afforded to staff under Part IV Employment Rights Act 1996 (as inserted by the Public Interest Disclosure Act 1998), relating to protected disclosure's.

This policy enables any member of staff to be able to make a protected disclosure about any corruption or wrong  doing of any kind within the organisation. It enhances professionalism in the workplace preventing and discouraging malpractice and corruption.

This policy encourages staff to report wrongdoing or suspected wrongdoing or unethical behaviour with confidence that any such report will be taken seriously and dealt with correctly. The policy encourages staff to use internal mechanisms and any member of staff making a protected disclosure under this policy will be supported.

Qualifying Disclosures

Certain kinds of disclosure qualify for protection qualifying disclosures. Qualifying disclosures are disclosures of information which the staff member making the disclosure reasonably believes tends to show one or more of the following is either taking place, has taken place, or is likely to occur in the future:

1. a criminal offence
2. a breach of a legal obligation
3. a miscarriage of justice
4. a danger to the health or safety of any individual
5. damage to the environment, or
6. deliberately concealing information relating to any of the

Any staff member who makes a disclosure must have a reasonable belief that the information disclosed tends to show one or more of the offences or breaches listed above.

The belief need not be correct, it might be discovered subsequently that the member of staff was in fact, wrong, but the staff member must show that they held a reasonable belief in the circumstances, at the time of disclosure. 

The PCC is determined that the culture and tone of the organisations is one of honesty  and opposition to fraud and corruption. There is an expectation and requirement that all individuals and organisations associated in whatever way with the OPCC will act with integrity, and that the PCC and staff at all levels will lead by example in these matters.

The PCC, the Chief Constable and their staff are important in the stance on fraud and corruption and are positively encouraged to raise any concerns that they may have on these issues where they are associated with the activities of the Force and the OPCC. Concerns may be about something that:

• is unlawful
• is against the PCC’s Standing Orders, Financial Regulations, or policies
• falls below established standards or practices
• results in waste or loss to the PCC
• amounts to improper conduct

Members of staff are often the first to realise that there may be something seriously wrong within the Office of the Police and Crime Commissioner (“the OPCC”) for Bedfordshire.

However, they may not express their concerns because they feel that speaking up would be disloyal to their colleagues or to the Police and Crime Commissioner. They may also fear harassment or victimisation. In these circumstances it may be easier to ignore the concern rather than report what may just be a suspicion of malpractice.

The Police and Crime Commissioner is committed to the highest possible standards of openness, probity, and accountability. In line with that commitment, the Police and Crime Commissioner expects officers and others that we deal with, who may have serious concerns about any aspect of the OPCC’s work to come forward and voice those concerns. It is recognised that most cases will have to proceed on a confidential basis. The Commissioner will not tolerate the victimisation of anyone raising a genuine concern and anyone responsible for such conduct will be subject to disciplinary action.

This policy makes it clear that you can do so without fear of victimisation, subsequent discrimination, or disadvantage. This Confidential Reporting Policy is intended to encourage and enable members of staff to raise serious concerns within the OPCC rather than overlooking a problem or “blowing the whistle” externally.

This policy applies to all OPCC staff (temporary, permanent, part time and full time), Bobby Scheme and any agency staff or consultants undertaking work on behalf of the OPCC. It also applies to contractors working for the OPCC, such as agency staff.

Any disclosure must be made in the public interest Therefore, matters relating to your own employment should be raised under the appropriate existing procedures

e.g., Bedfordshire Police Fairness at Work Policy.

This policy aims to:

• encourage you to feel confident in raising serious concerns and to question and act upon concerns about practice
• provide avenues for you to raise those concerns and receive feedback on any action taken
  • ensure that you receive a response to your concerns and that you are aware of how to pursue them if you are not satisfied and reassure you that you will be protected from possible reprisals or victimisation if you have a reasonable belief that your concerns are justified.

The Confidential Reporting Policy is intended to cover major concerns that fall outside the scope of other procedures. Your concern may be about something that:

• is unlawful (e.g., theft, false claims etc.)
• is related to miscarriages of justice
• relates to possible fraud and corruption
• is a health and safety risk (including risks to the public as well as colleagues)
• damages the environment
• relates to the unauthorised use of public funds
• relates to sexual or physical abuse
• amounts to improper or other unethical conduct
• makes you feel uncomfortable in terms of known standards, your experience, or the standards you believe the OPCC subscribes to
• is against the OPCC’s procedures, rules, and policies or
• falls below established standards of practice
• relates to the conduct of the Police and Crime Commissioner

The OPCC is committed to good practice and high standards and wants to be supportive of staff.

The OPCC recognises that the decision to report a concern can be a difficult one to make (not least because of the fear of reprisal from those responsible for, or suspected of, the malpractice). If what you are saying is true, you should have nothing to fear because you will be doing your duty to your employer.

The OPCC will not tolerate any harassment or victimisation in accordance with the Anti-Discrimination in the Workplace guidance and will take appropriate action to protect you when you raise a concern. However, should you feel that you have suffered harassment, either directly or indirectly, from your employer and or co-workers as a result of raising a concern then you should refer the matter to the Chief Executive.

Any investigation into allegations of potential malpractice will not influence, or be influenced by, any disciplinary or redundancy procedures that may already affect you.

Confidentiality

All concerns will be treated in confidence and every effort will be made not to reveal your identity if you so wish. However, you should appreciate that the investigation process may reveal the source of the information and a statement by you may be required as part of the evidence. At the appropriate time you may need to come forward as a witness.

Anonymous disclosures

This policy encourages you to put your name to any expression of concern about possible wrongdoing whenever possible

Concerns expressed anonymously are generally likely to be less credible and much more difficult to investigate. Factors to be considered would include:

• the seriousness of the issues raised
• the credibility of the concern; and
• the likelihood of confirming the allegation from attributable
• Unsubstantiated concerns

If you make a disclosure in the public interest and it is not confirmed by the investigation, no action will be taken against you. If, however, you make an allegation frivolously, maliciously or for personal gain, disciplinary action may be taken against you.

How to raise a concern

You may wish to consider discussing your concern with a colleague or professional association representative first and you may find it easier to raise the matter if there are two (or more) of you who have had the same experience or concerns.

You may invite your professional association representative or a colleague to raise a matter on your behalf. As a first step, you should normally raise any concerns about a member of staff with your immediate manager. This depends, however, on the seriousness and sensitivity of the issues involved and who is suspected of the malpractice. If in any doubt, speak to the Chief Executive.

Concerns may be raised verbally or in writing. If you do not feel able to put your concerns in writing, you should phone or meet the appropriate officer who will agree your statement with you. If you wish to make a written report, you are invited to use the following format:

• the background and history of the concern (giving relevant dates names and places)
• the reason why you are particularly concerned about the situation

The earlier you express the concern the easier it is to take action. Although you are not expected to provide proof, you will need to demonstrate to the person that you contact that there are reasonable grounds for your concern.

How the OPCC will respond

The OPCC will respond to your concerns. Please note that testing out your concerns is not the same as either accepting or rejecting them. Where appropriate, the matters raised may:

• be investigated by management, internal auditors, or through the disciplinary process
• be referred to the Police
• be referred to the external auditor
• form the subject of an independent inquiry

In order to protect individuals (and those accused of misdeeds or possible malpractice) initial enquiries will be made to decide whether an investigation is appropriate and, if so, what form it should take. The overriding principle which the OPCC will have in mind is the public interest.

Concerns or allegations which fall within the scope of specific procedures (for example, grievance issues) will normally be referred for consideration under those procedures. Some concerns may be resolved by agreed action without the need for investigation. If urgent action is required, this will be taken before any investigation is conducted. Within ten working  days of a concern being raised, the person to whom it is addressed will write to you:

• acknowledging that the concern has been received
• indicating how the OPCC proposes to deal with the matter
• giving an estimate of how long it will take to provide a final response
• telling you whether any initial enquiries have been made, and
• telling you whether further investigations will take place and if not, why

The amount of contact between you and the officer(s) considering the issue(s) will depend on the nature of the matter(s) raised, the potential difficulties involved, and the clarity of the information provided. If necessary, the OPCC will seek further information from you.

Where any meeting is arranged (off-site if you so wish) you can be accompanied by a professional association representative or a colleague (who is not involved in the area of work in which the concern relates).

The OPCC will take steps to minimise any difficulties that you may experience as a result of raising a concern. For instance, if you are required to give evidence in criminal or disciplinary proceedings the OPCC will arrange for you to receive advice about the procedure.

The OPCC accepts that you need to be assured that the matter has been properly addressed. Subject to any legal constraints, we will inform you of the outcome of any investigation.

The Responsible Officer

The Chief Executive has overall responsibility for the maintenance and operation of this policy. The Chief Executive will maintain a record of concerns raised and the outcomes (but in a form which does not endanger your confidentiality).

How the matter can be taken further

This policy is intended to provide you with an avenue within the OPCC to raise concerns. The OPCC hopes you will be satisfied with any action taken. If you are not, and if you feel it is right to take the matter outside the OPCC, the following are possible contact points:

• the external auditor
• your trade union
• your local Citizens Advice Bureau or a relevant voluntary organisation
• relevant professional bodies or regulatory organisations
• the Police
• your solicitor
• the Ombudsman
• Police and Crime Panel

If you do take the matter externally, you should ensure that you do not disclose confidential or privileged information. Please check with the Chief Executive or your line manager first.

Statutory Protection

This policy does not in any way affect your statutory rights as an employee under Part IV of the Employment Rights Act 1996, which was brought into force by the Public Interest Disclosure Act 1998 commonly referred to as The Whistle blowing Act”.

These provisions give employees statutory protection against unfair dismissal and other forms of disciplinary action if the make certain types of disclosure in the public interest.

A “qualifying disclosure” means any disclosure of information which in the reasonable belief of the worker making the disclosure tends to show one or more of the following:

• That a criminal offence has been committed, is being committed or is likely to be committed
• That a person has failed, is failing or is likely to fail to comply with any legal obligation to which he is subject
• That a miscarriage of justice has occurred, is occurring or is likely to occur
• That the health or safety of any individual has been, is being or is likely to be endangered
• That the environment has been, is being or is likely to be damaged, or
• That information tending to show any matter falling within any one of the preceding paragraphs has been, is being or is likely to be deliberately

Protect (formerly Public Concern at Work)

If you are unsure about whether or not to follow the OPCC’s Whistle blowing” Policy or you want further independent advice, you may contact Protect.

This is a charity completely independent of the OPCC, which specialises in providing free and confidential legal advice on how to raise a concern about serious malpractice at work.

Protect will also help to advise you on whether a circumstance can be properly reported to an additional outside body.

Telephone: 020 3117 2520

Email: [email protected]

Contact Form 

Subject Access Request Policy 2024

STANDARD OPERATING PROCEDURES:

OFFICE OF THE BEDFORDSHIRE POLICE AND CRIME COMMISSIONER

 

Title	Subject Access Request Policy
Area of Compliance	Compliance
Version No.	4.0
Senior Lead	Head of Governance and Transparency
Author	Compliance

 

 

Revision History

Date	Revision	Change	Review Date
21/05/2018	1.0	New Document	21/05/2019
21/05/2019	0	0	21/05/2020
20/09/2019	0	Review due to the ICO Audit	20/09/2020
20/09/2020	0	No change	20/09/2021
24/09/2021	0	No change	24/09/2022
17/10/2022	2.0	Updated OPCC Logo	24/09/2023
27/09/2023	3.0	Accessibility check changed the headings	24/09/2024
20/08/2024	4.0	Update of information following review of ICO website	20/08/2025

Introduction

Under the Data Protection Act 2018 you have the right to a copy of the information that is held about you. This is known as a subject access request SAR. Please note that the Office of the Police and Crime Commissioner OPCC is a separate organisation to Bedfordshire Police and as such we do not hold information regarding criminal records.

Your rights

You have a right to be told whether information is held about you and a right to a copy of that information within one month of receipt unless certain exemptions apply. Your request can only be processed once you have provided satisfactory proof of your identity. Information may not be provided if someone else can be identified in or from the information.

The Police and Crime Commissioners rights

The provisions of the Data Protection Act DPA means that in certain circumstances some personal data will not be provided. For example, you will not be provided with personal data if releasing it to you would be likely to affect the rights and freedoms of others.

The subject rights are as follows:

1. The right to be informed

Individuals have the right to be informed about the collection and use of their personal data; we are obligated to provide individuals with information including: the purposes for processing their personal data, retention periods for that personal data, and who it will be shared with. This is referred to as privacy information; which must be concise, transparent, intelligible, easily accessible, and it must use clear and plain language. Information Asset Owners, working with the assistance of the Data Protection Officer, are responsible for ensuring this right is satisfied through the provision of privacy notices.

2. The right to access

Individuals have the right to be aware of and verify the lawfulness of the processing the forces are carrying out. Individuals can make SARs verbally or in writing, including via social media. A third party can also make a SARR on behalf of another person. We are required to provide a copy of the information free of charge, and at the latest within one month of receipt (subject to exemptions). We are able to extend the time limit by a further two months if the request is complex or if we receive a number of requests from an individual.

3. The right to rectification

Individuals have a right to have inaccurate personal data rectified or completed if it is incomplete. An individual can make a request for rectification verbally or in writing. The Office of the Police and Crime Commissioner for Bedfordshire are obligated to provide a response within one calendar month. In certain circumstances the OPCC  Bedfordshire can refuse a request for rectification.

4. The right to erasure

Individuals have the right to request the deletion or removal of their personal data. The right is not absolute and only applies in certain circumstances. Individuals can make a request for erasure verbally or in writing and we have one month to respond to the request.

5. The right to restrict processing

Individuals have the right to request the restriction or suppression of their personal data. This is not an absolute right and only applies in certain circumstances. When processing is restricted, it is permitted to store the personal data, but not use it. An individual can make a request for restriction verbally or in writing, and the Office of the Police and Crime Commissioner for Bedfordshire have one calendar month to respond to a request.

6. The right to data portability (only applies to General Processing)

The right to data portability allows individuals to obtain and reuse their personal data for their own purposes across different services. It allows them to move, copy or transfer personal data easily from one IT environment to another in a safe and secure way, without hindrance to usability.

7. The right to object (only applies to General Processing)

Individuals have the right to object to processing based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling). Individuals have an absolute right to stop their data being used for direct marketing. An individual can make an objection verbally or in writing and we have one calendar month to respond to the request.

8. Rights in relation to automated decision-making including profiling

Individuals have the right to object to decisions made about them solely based on automated processing, where those decisions have legal or other significant effects.

9. Right to lodge a complaint with the Information Commissioner’s Office ICO

Individuals have a right to make a complaint to the ICO regarding any concerns they have about the information rights practices of an organisation.

10. Rights in relation to compensation and remedies in court

Individuals have a right to seek judicial remedy or make a claim for compensation for a contravention of data protection legislation.

Handling Subject Rights Requests

The Subject Access Request form can be found on the OPCC website. Whilst the use of the form is not mandatory, it does make it easier to process the request. Requests should be submitted to the PCC inbox email: [email protected]

The Compliance Officer within OPCC  manages all subject rights requests.

It is in the data subject’s and the OPCCs best interests, to handle these requests promptly.

Any member of staff or other individual working within the OPCC must consider the following when they are identifying that an individual is attempting to exercise one of their subject rights:

Take immediate steps to verify the identity of the person making the request, such as viewing a document such as a driving licence, passport etc., record the details of the request, and the method of identity verification. A copy of the proof of identification should be taken and filed.

Where a request is initially made verbally, staff must write the request down and ask the requester to verify the accuracy of their recording of it and amend it where necessary.

Additional guidance on how to submit a subject access request is available via the Information Commissioners Office website.
 
You are entitled to obtain records of any personal data held by the OPCC.

The OPCC will consider each request in accordance with all applicable Data Protection laws and regulations. No administration fee will be charged for considering and/or complying with such a request unless it is deemed to be manifestly unfounded or excessive.
 

OFFICE OF THE BEDFORDSHIRE POLICE AND CRIME COMMISSIONER

Title	General Data Protection Regulation GDPR Privacy Notice
Area of Compliance	Compliance
Version No.	3.0
Senior Lead	Head of Governance and Transparency
Author	Compliance

Revision History 

Date	Revision	Change	Review Date
21/05/2018	1.0	NA	21/05/2019
20/09/2019	1.0	NA	20/09/2020
20/09/2020	1.0	No Change	20/09/2021
24/09/2021	1.0	No Change	24/09/2022
17/10/2022	2.0	Change of OPCC Logo	24/09/2023
29/09/2023	3.0	Accessibility check (Headings)	29/09/2024
20/08/2024	3.0	No Change	20/08/2025

The Police and Crime Commissioner for Bedfordshire is a separate corporate sole to Bedfordshire Police and is a data controller under the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (GDPR).

This Privacy Notice explains how we use any personal information we collect about you and your organisation when you work with the Office of the Police and Crime Commissioner (OPCC), when you enter into a contract with the OPCC or provide us with your personal information for the purposes of an event, issue, or activity.

Topics:

• What information do we collect about you?
• How will we use the information about you?
• How long will we keep your information for?
• Marketing
• Access to your information and correction
• Cookies
• Other websites
• Changes to our privacy policy
• How to contact us

What information do we collect about you?

We collect information about you when you enter into the Commissioners grant bidding process or enter into a contract for the provision of services. We also collect information when you register with us to participate in events and activities, voluntarily complete surveys, provide feedback to consultations, or contact us in relation to an application, complaint or enquiry against Bedfordshire Police or the Chief Constable of Bedfordshire Police. Website usage information is collected using cookies.

Where necessary, the OPCC may request and hold sensitive personal data in order to carry out our legal functions in the exercise of official authority. This covers public functions and powers that are set out in law; or to perform a specific task in the public interest that is set out in law.

How will we use the information about you?

We may collect information about you to process your enquiry, manage your bid and contract and, if you agree, to email you about other events and activities that we think may be of interest to you.

We use information about you in order to carry out our official functions or public tasks that are set out in law, mainly the Police Reform and Social Responsibility Act 2011. For example, when a complaint is made against the Chief Constable, the Commissioner’s Office will retain and process the personal information shared with us in order to carry out the lawful public task of investigating this complaint. The OPCC will also respond quickly to share any personal information with Bedfordshire Police when it relates to a risk to life or the need to protect and safeguard the public.

In order to process any complaint or issue of dissatisfaction raised against Bedfordshire Police, its officers and staff, the Commissioner is required to share relevant personal information with Bedfordshire Police Force to ensure that the complaint is looked into and to meet our public task - (e) Public task: the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law.

We may pass on your personal information to Bedfordshire Police Force (including where necessary the parts of Bedfordshire Police Force that are collaborated with Hertfordshire and Cambridgeshire Constabularies) so that they may offer you a response to any enquiry of an operational nature, or a response to a complaint or issue of dissatisfaction.

Information on how Complaints are processed by the OPCC is available on our website here: Complaints policy

In processing any bid for a contract to provide services, we may share your details with the Bedfordshire Police Force and send your information to credit reference agencies and fraud prevention agencies.

How long will we keep your information for?

In general, we will keep personal information only for as long as we need it. This means that we will delete or destroy it when it is no longer needed. The Commissioner has a legal obligation to retain some data in connection with the statutory obligations of the Police and Crime Commissioner as a public authority.

Further information on how and when we will retain or delete data is available via our website here: Record Management, Retention and Disposal Policy

Marketing

We would like to send you information about events and services of ours and other providers that support the work of the OPCC and Police Force which may be of interest to you.

If you have consented to receive marketing, you may opt out at a later date.

You have a right at any time to stop us from contacting you for this purpose.

If you no longer wish to be contacted for marketing purposes, please email: [email protected]

Access to your information and correction

You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information, please email or write to us at the following address:

Office of the Police and Crime Commissioner for Bedfordshire Bridgebury House, Bedfordshire Police Headquarters, Woburn Road, Kempston, Bedford, MK43 9AX

We want to make sure that your personal information is accurate and up to date. You may ask us to correct or remove information you think is inaccurate.

More information about your right to access, update, erase and control the processing of your personal data are available on the Information Commissioner’s Office website.

If you are unhappy about the way that the OPCC has managed or used your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

You can contact the Information Commissioners Office at: 0303 123 1113

Or via email, web form and live chat: Contact us

Or at the following address: Information Commissioner's Office, Wycliffe House,

Water Lane, Wilmslow, Cheshire SK9 5AP

Cookies

 Cookies are text files placed on your computer to collect standard internet log information and visitor behaviour information. This information is used to track visitor use of the website and to compile statistical reports on website activity.

For further information visit All About Cookies | Online Privacy and Digital Security

You can set your browser not to accept cookies and the above websites tell you how to remove cookies from your browser. However, in a few cases some of our website features may not function as a result.

Other websites

Our website contains links to other websites. This Privacy Notice only applies to the OPCC website, so when you link to other websites you should read their own Privacy Notices.

Changes to our Privacy Policy

We keep our privacy policy under regular review, and we will place any updates on this web page. This Privacy Notice was last reviewed on 20^th August 2024.

How to contact us

Please contact us if you have any questions about our Privacy Notice or information that we hold about you:

Email: [email protected]

Telephone: 01234 842064

In Writing: Bedfordshire Police Headquarters, Bridgebury House, Woburn Road, Kempston, Bedfordshire MK43 9AX

Freedom of Information Policy

STANDARD OPERATING PROCEDURES:

OFFICE OF THE BEDFORDSHIRE POLICE AND CRIME COMMISSIONER

Title	Freedom of information policy
Area of Compliance	Compliance
Version No.	3.0
Senior Lead	Head of Governance and Transparency
Author	Compliance

Revision History

Date	Revision	Change	Section	Review Date
November 2015	1.0	New Document	N/A	November 2016
November 2016	N/A	N/A	N/A	November 2017
November 2017	N/A	N/A	N/A	November 2018
21/05/2018	N/A	N/A	N/A	21/05/2019
21/05/2019	N/A	N/A	N/A	21/05/2020
20/09/2019	N/A	N/A	N/A	20/09/2020
20/09/2020	N/A	N/A	N/A	20/09/2021
24/09/2021	N/A	N/A	N/A	24/09/2022
17/10/2022	2.0	Change of OPCC logo, added Bedfordshire Victim Care Services BVCS) to policy	N/A	24/09/2023
27/09/2023	2.0	No change	N/A	27/09/2024
20/08/2024	3.0	Removal of BVCS from policy	N/A	20/08/2025

 

POLICY STATEMENT

The Office of the Police and Crime Commissioner (OPCC) is fully committed to complying with the Freedom of Information Act 2000 (FOIA) and its principles of openness and accountability of public authorities. The intention of this policy is to provide a framework for ensuring compliance with the provisions of the FOIA, in particular that:

• A growing proportion of information about the Office of the Police and Crime Commissioner is promoted to the public through the Publication Scheme.
• Information not available through the Publication Scheme is readily available on request unless an exemption applies.
• Where reasonably practicable, information will be provided in a medium preferable to the applicant. When it is not reasonably practical, we will notify the applicant of the reasons why.
• All requests for information are dealt with in a timely manner.
• Exemptions under the Act, and associated harm public interest tests, are applied appropriately.
• A fair and efficient internal appeal system is administered.

Purpose

The FOIA gives a general right of access to all types of recorded information held by the Office of the Police and Crime Commissioner for Bedfordshire, sets out exemptions from that right and places a number of obligations on the OPCC.  Any person who makes a request to the OPCC for information will be informed whether the information is held, and, subject to exemptions, will be supplied with that information within 20 working days.

Background

The aim of this policy is to ensure that the OPCC meets the appropriate governance standards for public services.

Affected Persons

This procedure will apply to all staff working within the (OPCC), whether employed full-time or part-time, fixed term, permanent, seconded or on a temporary basis.

Policy

The application of the FOIA is the responsibility of the Compliance Officer within the OPCC. They have a responsibility to ensure the following:

• that FOIA requests are addressed in a timely and accurate manner.
• that records are maintained in such a manner to ensure easy, appropriate, and timely retrieval of information.

The right of individuals to request information will be balanced against the need of the OPCC to support the police to protect the public and effectively and safely carry out operations and the core functions of law enforcement. Therefore, information that could compromise the police’s effectiveness will not be released.

The identity of the requester will be protected unless there is an operational need, or it is unavoidable due to the nature of the request.

Information requested and disclosed relating to the Police and Crime Commissioner, and members of the OPCC will be in accordance with transparency legislation, limited to their role in the organisation and within the constraints of the exemption to be applied under Section 40 of the FOIA.

The supply of information through normal business processes will be unaffected by the requirements of the Act.

No member of staff will initiate a request for information under the FOIA in the name of the Office of the Police and Crime Commissioner to another public authority without the written permission of the Chief Executive.

The Freedom of Information Act 2000 allows for specific fees to be charged where the cost of compliance communication within the Act exceeds the appropriate limit. The Office of the Police and Crime Commissioner reserves the right to levy such fees.

Effective record management will support the provision of information under the Act. The OPCC will manage its records in line with its Records and Retention and Disposal Policy.

In the application of this policy the OPCC will not discriminate against any persons regardless of sex, race, colour, language, religion, political, or other opinion, national or social origin, association with national minority, property, birth, or other status as defined under Article 14, European Convention Human Rights ECHR) and the Equality Act 2010.

Procedures and Guidance

In processing FOI requests, in addition to local procedures, the OPCC will have regard to the Association of Chief Police Officers FOI Manual of Guidance and where appropriate, will seek advice from the ACRO Central Referral Unit.

The OPCC’s Publication Scheme is available on the website or on request.

The Publication Scheme specifies:

• What information the OPCC will make routinely available to the public as a matter of course
• How it does so
• Whether or not this information will be made available free of charge or require the payment of a fee

The Compliance Officer is responsible for the maintenance and updating of the Publication Scheme.

Requests for information

Information not already available through the Publication Scheme will be accessible through an FOI request, subject to the provisions of the Act.

The FOIA establishes three related rights:

1. The right to be told whether the information exists
2. The right to receive the information (subject to the provisions of the Act)
3. The right of internal and external appeal on any aspect of the way the request has been dealt with.

A request for information may be received anywhere in the organisation. It must be made in writing (for example letter, email, online form, social media). It does not have to mention the Act by name.

The request should be forwarded to the Compliance Officer as soon as it is received so that the 20-day limit for responding to requests can be met.

Third Party information - In accordance with the section 45 Code of Practice and the ACPO FOI manual of guidance, the Office of the Police and Crime Commissioner will consult with third parties wherever possible when their information or interests may be involved in disclosure of information.

Decision-making and the public interest test (PIT)

The decision on whether information is or is not disclosed will be made in accordance with the Freedom of Information Act and with reference to the ACPO manual of guidance. Where necessary, specialist advice will be sought. A harm test and a public interest test must be applied if a qualified exemption is being considered.

Any person who is not satisfied with the way a request has been dealt with may appeal. The OPCC’s appeals process is independent of any person who has been involved in the FOI process to that point.

If you are dissatisfied with the decision, you may make application to the Information Commissioner for a decision on whether the request for information has been dealt with in accordance with the requirements of the Act.

Responsibilities

The Office of the Police and Crime Commissioner’s performance against the requirements of the FOIA will be monitored by the Head of Governance and Transparency.

 

Data Protection Policy 2024

STANDARD OPERATING PROCEDURES:

OFFICE OF THE BEDFORDSHIRE POLICE AND CRIME COMMISSIONER

Title	Data Protection/Information Management Policy
Area of Compliance	Compliance
Version No.	4.0
Senior Lead	Head of Governance and Transparency
Author	Compliance

Revision History 

Date	Revision	Change	Review Date
21.05.2018	1.0	N/A	21.05.2019
21.05.2019	1.0	No Change	21.05.2020
20/09/2019	2.0	Info regarding BCH Force policy added	20/09/2019
20/09/2019	2.0	No Change	20/09/2020
20/09/2020	2.0	No Change	20/09/2021
24/09/2021	2.0	No Change	24/09/2022
17/10/2022	3.0	Updated PCC logo	24/09/2023
27/09/2023	4.0	Accessibility check (Headings) Grammar	27/09/2024
20/08/2024	4.0	No Change	20/08/2025

Introduction

The Police and Crime Commissioner PCC is the Data Controller for all Office of Police and Crime Commissioner (OPCC) business,  however the PCC does not need to be registered with the Information Commissioner’s Office ICO. From 1 April 2019, the Data Protection (Charges and Information) (Amendment) Regulations 2019 exempted the processing of personal data by members of the House of Lords, elected representatives, and prospective representatives 'elected representation' is defined by the Data Protection Act 2018 and includes, but is not limited to, MPs, MSPs, MS in Wales, MEPs, elected councillors in county councils, district councils, London boroughs, parish councils, elected mayors and police and crime commissioners 'prospective representative’ refers to anyone seeking to become an elected representative as defined above.

The PCC is committed to conducting its business in accordance with the data protection laws. During the course of our activities, we will collect, store and process personal data about our service users, employees, suppliers and other third parties, and we recognise that the correct and lawful treatment of this data will maintain confidence in the organisation and will provide for successful business operations.

All OPCC employees are obliged to comply with this policy when processing personal data.

The types of personal data that the PCC may be required to handle include information about service users, employees, and others that we communicate with. The personal data, which may be held on paper or on a computer or other media, is subject to certain legal safeguards specified in the General Data Protection Regulation GDPR and the Data Protection Act 2018 (together referred to as the Data Protection Legislation).

Bedfordshire OPCC link with BCH (Bedfordshire, Cambridgeshire, Hertfordshire) Information Management Unit when dealing with Information Management BCH144444/001 Joint - Information Management Policy (IMP) which is available on the police intranet.

Definition of Data Protection terms

Data subjects for the purpose of this policy include all living individuals about whom we hold personal data. A data subject need not be a UK national or resident. All data subjects have legal rights in relation to their personal information.

Personal data means data relating to a living individual who can be identified from that data (or from that data and other information in our possession). Personal data can be factual (for example, a name, a unique reference number, address, or date of birth) or it can be an opinion about that person, their actions and behaviour.

Data Controllers are the people who or organisations which determine the purposes for which, and the manner in which, any personal data is processed. They are responsible for establishing practices and policies in line with GDPR. The PCC is the data controller of all personal data all elements of the OPCC collects or uses in its day to day business and in providing services.

Data Processors include any person or organisation that is not a data user that processes personal data on our behalf and on our instructions. Employees of data controllers are excluded from this definition, but it includes suppliers, providers and contractors which handle personal data on the PCC's behalf.

Processing is any activity that involves use of the data. It includes obtaining, recording, or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, viewing, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties.

Special Category Data (also known as “sensitive personal data”) includes information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership. The definition also includes the processing of genetic data, biometric data for the purpose of uniquely identifying an individual, data concerning health or data concerning an individual’s sex life or sexual orientation. Special Category Data can only be processed under strict conditions. Personal data relating to criminal convictions and offences is subject to additional requirements and should be handled in a similar way to Special Category Data.

Third Party is any individual/organisation other than the data subject, the data controller (the PCC's) or its agents.

Data Protection Impact Assessment is a process to help identify and minimise the data protection risks of a project. A DPIA should be carried out for processing that is likely to result in a high risk to individuals. The DPIA must: describe the nature, scope, context, and purposes of the processing; assess necessity, proportionality, and compliance measures; identify and assess risks to individuals; and identify any additional measures to mitigate those risks.

Responsibilities under the General Data Protection Regulation GDPR 

The PCC is a Data Controller under GDPR; they (or functions within their office under their direction) are also a Processor of information for other organisations.

The Chief Executive has delegated authority to carry out all functions and responsibilities of the Data Controller, although liability remains with the PCC as a corporation sole.

The Data Protection Officer is responsible for ensuring compliance with GDPR and with this policy and may assign officers to support this process.

Compliance with Data Protection legislation is the responsibility of everybody who processes personal information.

The PCC, through its staff (the OPCC), is responsible for ensuring that any personal data supplied is accurate and up-to-date.

Data Protection Principles

Anyone processing personal data must comply with the six principles relating to processing of personal data in the GDPR. These provide that personal data must be:

• Processed lawfully, fairly and in a transparent manner in relation to the data subject lawfulness, fairness and transparency. For personal data to be processed lawfully, it must be processed on the basis of one of the legal grounds set out in GDPR. These include, among other things, processing is necessary:
• for the performance of a task carried out in the public interest or in the exercise of official authority vested in the PCC;
• for the performance of a contract to which the data subject is party;
• for compliance with a legal duty;
• the data subject has given consent for the data to be processed for a specific purpose(s).

When special category data (sensitive personal data) is being processed, additional conditions must be met. When processing personal data as data controllers in the course of our business, we will ensure that those requirements are met.

• Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes. We will only process personal data for specific purposes. We will notify those purposes to the data subject when we first collect the personal data or as soon as possible thereafter.
• Adequate, relevant, and limited to what is necessary in relation to the purposes for which they are process data minimisation. Personal data, which is not strictly necessary for the purpose for which it is obtained, should not be collected. If personal data is given or obtained which is excessive for the purpose, they should be immediately deleted or destroyed.
• Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay accuracy. Personal Data, which is kept for a long time, must be reviewed, and updated as necessary. No personal data should be kept unless it is reasonable to assume that they are accurate. It is the responsibility of individuals to ensure that personal data held by the PCC is accurate and up-to-date. Individuals should notify the PCC of any changes in circumstance to enable personal records to be updated accordingly. It is the responsibility of the PCC to ensure that any notification regarding change of circumstances is noted and acted upon.
• Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed. We will not keep personal data longer than is necessary for the purpose or purposes for which they were collected. We will take all reasonable steps to destroy, or erase from our systems, all data which is no longer required. On occasion, personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) of the GDPR.
• Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organisational measures integrity and confidentiality.

Notifying Data Subjects

If we collect personal data directly from data subjects, we will inform them through our Privacy Notices about:

(a) The purpose or purposes for which we intend to process that personal data.

(b) The legal basis for processing.

(c) The types of third parties, if any, with which we will share or to which we will disclose that personal data.

(d) The length of time that we will retain the data.

(e) The means, if any, with which data subjects can limit our use and disclosure of their personal data.

If we receive personal data about a data subject from other sources, we will provide the data subject with this information within the required timescales.

We will also inform data subjects whose personal data we process that we are the data controller with regard to that data, and the contact details of our Data Protection Officer.

Data Security

We will take appropriate security measures against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data.

We will put in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction.

Personal data will only be transferred to a data processor who has provided sufficient guarantees to implement appropriate technical and organisational measures that will comply with the Data Protection legislation and ensure that data subjects rights are protected and that these requirements are governed by a contract or other legally binding agreement.

We will maintain data security by protecting the confidentiality, integrity and availability of the personal data, defined as follows:

(a) Confidentiality means that only people who are authorised to use the personal data should access it;

(b) Integrity means that personal data should be accurate and suitable for the purpose for which it is processed;

(c) Availability means that authorised users should be able to access the personal data if they need it for authorised purposes. 

Security procedures include:

(a) Entry controls. Any stranger seen in entry-controlled areas will be reported;

(b) Secure lockable desks and cupboards. Desks and cupboards will be kept locked if they hold confidential information of any kind. (Personal information is always considered confidential.);

(c) Methods of disposal. Paper documents will be shredded. Digital storage devices will be physically destroyed when they are no longer required;

(d) Equipment OPCC employees will ensure that individual monitors do not show confidential information to passers-by and that they lock their PC when it is left unattended;

(e) IT Security. IT provision is provided for the PCC, OPCC by the Bedfordshire Police Force ICT Department. A condition of use is compliance with the security policies of Bedfordshire Police.

Training for staff includes:

(a) Mandatory training (E-Learning) for all staff on Data Protection, with annual refresher training;

(b) Training for specialist Data Protection staff, including those who handle Subject Access Requests;

(c) Training for new starters as part of the corporate induction process. (E-Learning)

Governance and assurance procedures include:

(a) Internal and external audits of the PCCs Information Management processes and procedures;

(b) For new data collection processes the PCC will ensure that a Data Protection Impact Assessment is conducted in conjunction with the Data Protection Officer for all new and/or revised systems or processes.

Disclosure and sharing of Personal Information

We will only disclose or share a data subject's personal data where we are legally permitted to do so, in order to comply with any legal obligation, or in order to enforce or apply any contract with the data subject or other agreements; or to protect our rights, property, or safety of our employees, service users or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

An example of this is when the OPCC receives a complaint, and they are not the appropriate authority. The OPCC must forward this complaint to the appropriate authority and the lawful basis in doing so is e) Public task: the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law.

Individual’s rights under GDPR

Individuals have a number of rights under GDPR including the right to:

• ask the PCC via the OPCC if it holds personal information about them;
• ask what it is used for;
• be given a copy of the information (subject to certain exemptions);
• be given details about the purposes for which the PCC uses the information and of other organisations or persons to whom it is disclosed;
• ask for incorrect data to be corrected;
• be given a copy of the information with any unintelligible terms explained;
• be given an explanation as to how any automated decisions taken about them have been made;
• ask that information about them is erased (“right to be forgotten”);
• ask the PCC not to use personal information;
• for direct marketing; which is likely to cause unwarranted substantial damage or distress;
• to make decisions which significantly affect the individual, based solely on the automatic processing of the data.

These rights are not absolute, if the PCC (usually via the OPCC) is unable to respond to a request, it will outline the legal reasons for its decision clearly.

Dealing with Subject Access Requests

The PCC  has provided application forms on its website OPCC) to assist data subjects to make a request to access information we hold about them. Data subjects do not have to use our forms or use any particular wording. A subject access request is valid if it is submitted by any means, i.e. in a letter, an email or verbally. Employees who receive a request should pass it without delay to the Compliance Officer.

Any individual who wishes to exercise this right should provide satisfactory proof of identity and sufficient information to enable the data to be located.

The OPCC often receives Subject Access Requests from the public requesting for their data and personal information held by Bedfordshire Police Force. This information must be requested from Bedfordshire Police Force directly.

Subject to satisfactory completion of above, the PCC (usually via the OPCC) should respond within one month.

There are some limited circumstances in which personal data relating to the applicant may be withheld. Examples of this include repeat access requests, confidential references, and third party information.

Further information can be found in the GDPR Privacy Policy.

Dealing with a Data Security Breach

A personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data. This includes breaches that are the result of both accidental and deliberate causes. It also means that a breach is more than just about losing personal data.

A data security breach must be reported to the Data Protection Officer without delay to be recorded and reported as appropriate.

Further information can be found in the PCCs Data Breach Policy.

Retention and disposal of data

The PCC discourages the retention of personal data for longer than they are required.

Personal data must be disposed of in a way that protects the rights and privacy of data subjects (e.g., shredding, disposal as confidential waste, secure electronic deletion).

The PCC maintains a Retention Policy and a Retention Schedule that is specific and relevant to specific types of information and the services they relate to. These outline the appropriate periods for retention.

Where the PCC deviates from its Retention Schedule it will record the reasons why and will indicate how long the information will be retained.

Further information can be found in the PCCs Retention and Disposal Policy.

Data Breach Management Policy 2024

STANDARD OPERATING PROCEDURES:

OFFICE OF THE BEDFORDSHIRE POLICE AND CRIME COMMISSIONER

Title	Data Breach Management Policy
Area of Compliance	Compliance
Version No.	3.0
Senior Lead	Head of Governance and Transparency
Author	Compliance

Revision History 

Date	Revision	Change	Review Date
21.05.2018	1.0	N/A	21.05.2019
21.05.2019	1.0	No Change	21.05.2020
20.09.2019	1.0	No Change	20.09.2020
20.09.2020	1.0	No Change	20.09.2021
20.09.2021	1.0	No Change	20.09.2022
17.10.2022	2.0	ICO email updated, details for Data Protection Lead Officer and Data Protection Officer	20.09.2023
29.09.2023	3.0	Removal of ICO email address due to form now being available on ICO website	20.09.2024
20.08.2024	3.0	Update of DPO contact details	20.08.2025

Introduction

The Office of the Police and Crime Commissioner OPCC  for Bedfordshire are committed to ensuring appropriate measures are taken against any information security threat/incident and data breach aimed to compromise the confidentiality, integrity and availability of police information including government classified and personal data as defined by the General Data Protection Regulation GDPR & Data Protection Act 2018 DPA. Bedfordshire, Cambridgeshire and Hertfordshire BCH will also react appropriately and proportionately to bring the situation within appropriate control.

Identifying and assessing a personal data breach is important in reducing risk. Reporting breaches to the Information Commissioners Office ICO becomes mandatory within 72 hours under GDPR and can be reported by the Police and Crime Commissioner, the Data Protection Lead Officer DPLO the Data Protection Officer DPO or a member of the OPCC staff team who have reasonable cause to believe that there has been a breach in personal data.

The ICO describe a personal data breach as:

A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data.  This includes breaches that are the result of both accidental and deliberate causes.  It also means that a breach is more than just about losing personal data.

This can include:

 Access by an unauthorised third party

• Deliberate or accidental action (or inaction) by a controller or processor
• Sending personal data to an incorrect recipient
• Computing devices containing personal data being lost or stolen
• Alteration of personal data without permission
• Loss of availability of personal data

All breaches in relation to personal data will be reported to the ICO within 72 hours and recorded on the Reporting Breaches log.

Examples of a breach

The main examples of a breach of information that may occur in the OPCC are:

• Forwarding an e-mail outside the OPCC which includes personal e-mail addresses from someone who has not given their consent to have their e-mail shared
• Providing personal information outside the OPCC
• Loss of sensitive documents e.g., leaving a document marked official sensitive or higher level of security in a public place
• Having a force laptop or phone which contains, or has access to, sensitive or personal information stolen

This is not an exhaustive list. 

Reporting process

The Head of Governance and Transparency should be notified immediately if a personal data breach is suspected. They should be given any evidence in relation to the breach and may seek clarification of the law from professionals. They will consider the material significance of the breach, taking into account its cause, effect, the reaction to it, and its wider implications, including (where appropriate) dialogue with the Police and Crime Commissioner. 

If the Head of Governance and Transparency is not available, the Data Protection Officer or any other OPCC staff member may report and record the breach.

When reporting a breach, you need to consider the following:

• Potential detriment to individuals
• Volume of data affected
• Sensitivity of data

The method of reporting is currently commenced with the completion of  a Security Incident Form found on the intranet homepage. It is then emailed to the Information Assurance Unit IAU whereby a member of the IAU team will action the incident and record it and make an initial assessment. A running log will be kept of all action taken, and regular updates to this log will be made by the IAU team members.

The first 72 hours after you become aware of a data breach are critical. This is the deadline given to organisations under the Data Protection Act 2018 to report information security incidents to the Information Commissioners Office ICO.

However, not all breaches need to be reported to the ICO. Data breaches only need to be reported if they "pose a risk to the rights and freedoms of natural living persons". This generally refers to the possibility of affected individuals facing economic or social damage, such as discrimination, reputational damage, or financial losses. Most breaches fit into this category, but not all. For example, if the information can't be linked to a specific individual, there's likely to be very little risk to the rights and freedoms of an individual. 

The Information Commissioners Office reporting process

Breaches must be reported to the ICO using their Reporting Breaches process, providing as much information as possible. For help or advice, ring the ICO helpline on 0303 123 1113.

When reporting the breach, you need to include the following information:

• Data controller’s name: Office of the Police and Crime Commissioner for Bedfordshire
• Data Protection Lead Officer for OPCC:  Head of Governance and Transparency, Katie Beaumont
• Data Protection Officer: BCH  Information Rights Supervisor, Philipa Silver
• Data controller’s address:  OPCC, Bridgebury House, Bedfordshire Police Headquarters, Woburn Road, Kempston, Bedford MK43 9AX
• Who the ICO should contact if they require further details concerning the incident
• Details of the breach, including a description of the nature of the breach, the categories and approx. number of individuals concerned, and the categories and approx. number of personal data records concerned.
• Description of the likely consequences and of the measures taken, or proposed to be taken, to deal with the breach, including where appropriate, the measures taken to mitigate any possible adverse effects.

If the breach is likely to adversely affect the personal data or privacy of an individual, you must notify the individual of the breach without unnecessary delay and give them the following information: 

• Your name and contact details
• The estimated date of the breach
• A summary of the incident
• The nature and content of the personal data
• The likely effect on the individual
• Any measures you have taken to address the breach; and
• How they can mitigate a possible adverse impact

You do not have to tell individuals of a breach if you can demonstrate the data was encrypted but the ICO can require you to do so if they consider the breach is likely to adversely affect the individual.

If the personal information was originally received via a 3^rd party, the 3^rd party should also be notified of the data breach.

Record the date and nature of the breach and action taken on the Reporting Breaches Log, which can be found in the OPCC GDPR Folder.

Bedfordshire OPCC link with BCH Information Management Unit when dealing with Information  management BCH1666666/006 Information Security Incident and Data Breach Management Procedure are available.

 

Publication Scheme 2024

STANDARD OPERATING PROCEDURES:

OFFICE OF THE BEDFORDSHIRE POLICE AND CRIME COMMISSIONER

Title	Publication Scheme
Area of Compliance	Compliance
Version No.	4.0
Senior Lead	Head of Governance and Transparency
Author	Compliance

 

Revision History

Date	Revision	Change	Review Date
November 2012	1.0	New Document
December 2015	2.0	No change to document	December 2016
December 2016	2.0	No change to document	December 2017
December 2017	2.0	No change to document	December 2018
25th May 2018	2.0	No change to document	25th May 2019
20/09/2019	2.0	No change to document	20/09/2020
20/09/2020	2.0	No change to document	20/09/2021
17/09/2021	3.0	Updated FOI, DPP, OPCC website link	17/09/2022
17/10/2022	3.0	No change to document	17/09/2023
27/09/2023	4.0	Accessibility Changes	27/09/2024
20/08/2024	4.0	No change to document	20/08/2025

Purpose

This document was developed to be compliant with the statutory requirements and guidance of the Freedom of Information Act 2000, the Police Reform and Social Responsibility Act 2011 and the Code of Recommended Practice for Local Authorities on Data Transparency 2011.

Police and Crime Commissioners were introduced in the Police Reform and Social Responsibility Act 2011 as directly elected Local Policing Bodies to hold their Police Force to account in the delivery of an effective and efficient policing service.

As the local policing body, the Police and Crime Commissioner and their Office are regarded as a public office.

Background

Legal Requirements

Police and Crime Commissioner Role and Responsibilities

The current Police and Crime Commissioner for Bedfordshire was elected on 2^nd May 2024 and took office on 9^th May 2024. It is part of the the Commissioner’s role to ensure that there is an efficient and effective police force for Bedfordshire and to make sure that the Chief Constable and Force are accountable to the public in carrying out their responsibilities and serving our communities.

The Commissioner engages with the public and communities in Bedfordshire and holds the Chief Constable to account for the delivery of policing, sets and updates a Police and Crime Plan, sets the Force budget and council tax precept, and appoints and, where necessary, dismisses the Chief Constable.

The Police and Crime Commissioner cannot influence any operational policing decisions. Therefore, any information required regarding police operations are the responsibility of the Chief Constable and the Force. If you would like to request for information from the Force you can contact [email protected], or alternatively [email protected] if you would like to request for information held about yourself.

The Freedom of Information Act 2000

The Freedom of Information Act 2000 FOIA) provides rights of public access to information held by public authorities. The FOIA requires all public authorities to have a publication scheme.

The Elected Local Policing Bodies (Specified Information) Order 2011 of the Police Reform and Social Responsibility Act 2011 sets out statutory requirements for the publication of specific information by the Office of the Police and Crime Commissioner.

The Code of Recommended Practice for Local Authorities on Data Transparency 2011 sets out key principles for authorities to create greater transparency and enhance accountability through the publication of public data.

This Publication Scheme has been developed to be compliant with the statutory requirements and guidance of the Freedom of Information Act 2000, the Police Reform and Social Responsibility Act 2011 and the Code of Recommended Practice for Local Authorities on Data Transparency 2011.

Model Publication Scheme

The Office of the Police and Crime Commissioner (OPCC) for Bedfordshire has adopted the Model Publication Scheme of the information Commissioner’s Office (ICO) as set out below and incorporated all specific information requirements of the Police Reform and Social Responsibility Act 2011 and the Code of Recommended Practice for Local Authorities on Data Transparency 2011, thus providing compliance to all statutory requirements regarding the publication of information at the time of implementation.

Information Commissioner Model Publication Scheme

This model publication scheme has been prepared and approved by the Information Commissioner. It may be adopted without modification by any public office without further approval and will be valid until further notice.

This publication scheme commits an office to make information available to the public as part of its normal business activities. The information covered is included in the classes of information mentioned below, where this information is held by the office. Additional assistance is provided to the definition of these classes in sector specific guidance manuals issued by the Information Commissioner.

The scheme commits an office:

• To proactively publish or otherwise make available as a matter of routine, information, including environmental information, which is held by the authority and falls within the classifications below.
• To specify the information which is held by the authority and falls within the classifications below.
• To proactively publish or otherwise make available as a matter of routine, information in line with the statements contained within this scheme.
• To produce and publish the methods by which the specific information is made routinely available so that it can be easily identified and accessed by members of the public.
• To review and update on a regular basis the information the authority makes available under this scheme.
• To produce a schedule of any fees charged for access to information which is made proactively available.
• To make this publication scheme available to the public.
• To publish any dataset held by the authority that has been requested, and any updated versions it holds, unless the authority is satisfied that it is not appropriate to do so; to publish the dataset, where reasonably practicable, in an electronic form that is capable of re-use; and, if any information in the dataset is a relevant copyright work and the public authority is the only owner, to make the information available for re-use under the terms of the Re-use of Public Sector Information Regulations 2015, if they apply, and otherwise under the terms of the Freedom of Information Act section 19. The term dataset is defined in section 11(5) of the Freedom of Information Act. The term relevant copyright work is defined in section 19(8) of that Act.

Classes of Information 

• Who we are and what we do

Organisational information, locations and contacts, constitutional and legal governance.

• What we spend and how we spend it

Financial information relating to projected and actual income and expenditure, tendering, procurement, and contracts.

• What our priorities are and how we are doing

Strategy and performance information, plans, assessments, inspections, and reviews.

• How we make decisions

Policy proposals and decisions. Decision making processes, internal criteria and procedures, consultations.

• Our policies and procedures

Current written protocols for delivering our functions and responsibilities.

• Lists and Registers

Information held in registers required by law and other lists and registers relating to the functions of the office.

• The services we offer

Advice and guidance, booklets and leaflets, transactions, and media releases. A description of the services offered.

The classes of information will not generally include:

• Information the disclosure of which is prevented by law, or exempt under the Freedom of Information Act, or is otherwise properly considered to be protected from disclosure.
• Information in draft form.
• Information that is no longer readily available as it is contained in files that have been placed in archive storage or is difficult to access for similar reasons.

The method by which information published under this scheme will be made available

The office will indicate clearly to the public what information is covered by this scheme and how it can be obtained.

Where it is within the capability of a public office, information will be provided on a website. Where it is impracticable to make information available on a website or when an individual does not wish to access the information by the website, a public office will indicate how information can be obtained by other means and provide it by those means.

In exceptional circumstances some information may be available only by viewing in person. Where this manner is specified, contact details will be provided. An appointment to view the information will be arranged within a reasonable timescale.

Information will be provided in the language in which it is held or in such other language that is legally required. Where an office is legally required to translate any information, it will do so.

Obligations under disability and discrimination legislation and any other legislation to provide information in other forms and formats will be adhered to when providing information in accordance with this scheme.

Charges which may be made for information published under this scheme

The purpose of this scheme is to make the maximum amount of information readily available at minimum inconvenience and cost to the public. Charges made by the office for routinely published material will be justified and transparent and kept to a minimum.

Material which is published and accessed on a website will be provided free of charge.

Charges may be made for information subject to a charging regime specified by Parliament.

Charges may be made for actual disbursements incurred such as:

• photocopying
• postage and packaging
• the costs directly incurred as a result of viewing information

Charges may also be made for information provided under this scheme where they are legally authorised, they are in all the circumstances, including the general principles of the right of access to information held by public authorities, justified and are in accordance with a published schedule or schedules of fees which is readily available to the public.

Charges may also be made for making datasets (or parts of datasets) that are relevant copyright works available for re-use. These charges will be in accordance with the terms of the Re-use of Public Sector Information Regulations 2015, where they apply, or with regulations made under section 11B of the Freedom of Information Act, or with other statutory powers of the public authority.

If a charge is to be made, confirmation of the payment due will be given before the information is provided. Payment may be requested prior to provision of the information.

Written Requests

Information held by a public office that is not published under this scheme can be requested in writing, when its provision will be considered in accordance with the provisions of the Freedom of Information Act.

This policy applies to all permanent, temporary, and contracted staff working at the Office of the Bedfordshire Police & Crime Commissioner OPCC.

The Publication Scheme will be monitored by the Chief Executive/Compliance Officer to ensure full adherence to the policy at all times, and to incorporate changes via the Information commissioner (Information Commissioner's Office).

Policy

The OPCC for Bedfordshire will publish all required information on its website at Bedfordshire PCC

A Monitoring Plan, listing all statutory required information for publication with time frames and location is attached to this document.

Our website contains a copy of the Publication Scheme at: Bedfordshire PCC. If there is no access to the website, the office will provide a single copy free of charge.

Charging for Publications

All listed information will be available on the website.

Free of charge on website: There is no charge made by us, although the user will, of course, have to meet any charges made by their Internet service provider and/or telephone service as well as any personal costs for printing, photocopying etc. For those without access to the internet, we will provide a single printout of an individual publication, as shown on the website, free of charge from the above contact address.

Chargeable on website: Requests for multiple copies of publications or multiple printouts from our website or for copies of archived material no longer available on the website will attract a charge. The cost will be 10p per printed sheet plus postage. We will let you know the cost when we receive your request. The charge will be payable in advance. Where the information is available via the website, but a value-added service is requested using that information, a charge will be made.

Free of charge hard copy: Indicates a leaflet, booklet or periodical which is published by the Office of the Police and Crime Commissioner for Bedfordshire, still current and available, without charge.

Chargeable hard copy: Indicates a bound paper copy or other product as shown in our publication list. Where a charge applies, the cost and the reasons for levying such a charge will be made known to you. Any charge will be payable in advance.

Complaints about the Publication Scheme

If you think we have not supplied information in accordance with our Scheme, then you should write, in the first instance, to:

Chief Executive

Office of the Police and Crime Commissioner for Bedfordshire

Police HQ, Woburn Road Kempston, MK43 9AX

Telephone:  01234 842064

E-mail: [email protected]

We aim to deal with your complaint within 20 working days. If you are dissatisfied with the response, you can ask for the matter to be internally reviewed. We aim to complete an internal review and respond to you within 20 working days.

If, after the internal review, you remain dissatisfied then you can complain to the Information Commissioner:

Information Commissioner

Wycliffe House

Water Lane Wilmslow,

Cheshire

SK9 5AF

Review of the Bedfordshire Publication Scheme

We will review and update our Publication Scheme annually or in accordance with any new national guidance or legislation.

Copyright

Different bodies might own the copyright of material.

Copyright Material of the Office of the Police and Crime Commissioner

For material where we own the copyright, it can be reproduced free of charge in any format or medium for research, private study or for internal circulation within an organisation. This is subject to the material being reproduced accurately and not being used in a misleading context. Where material is being republished or copied to others, the source of the material must be identified, and our copyright acknowledged. The Office of the Police and Crime Commissioner for Bedfordshire logo is also copyrighted and may not be reproduced other than as it appears on copied material.

Other Copyrighted Material

Some material we include in our Scheme may be the copyright of a third party. Our rights to hold and use such material do not extend to others. You must obtain authorisation from the copyright holder(s) concerned if you wish to copy or reproduce such material. This requires the consent of the Police and Crime Commissioner.

Requests for Personal Information: Please click on the following link:

Under the Data Protection Act 2018, you already have a statutory right to have access to personal data we hold about you on computer or in a structured manual file (i.e. on paper). You also have the right to expect us, as the data controller, to ensure that data is:

• processed fairly and lawfully
• obtained for specific and lawful purposes
• adequate, relevant, and not excessive
• accurate and where necessary kept up to date
• not kept for longer than is necessary
• processed in accordance with the rights of the data subject
• kept secure
• not transferred abroad unless to countries with adequate data protection laws.

Information where the Office of the Police and Crime Commissioner for Bedfordshire is the Data Controller

Where we are the data controller, you are entitled to be told whether we hold data about you, and if we do:

• to be given a description of the data in question
• to be told for what purposes the data is processed

• to be told the recipients, or classes of recipients, to whom the data is or may be disclosed

You are also entitled to a copy of the information with any unintelligible terms, acronyms or codes explained. You will also be given any information available to us on the source of the data. The data will be in its latest form. Unless there are any exemptions which need to be applied.

If you consider that a request by you for access to your personal data has not been dealt with properly, you may: Contact the Information Commissioner, who is appointed to consider such complaints at:

Office of the Information Commissioner

Wycliffe House

Water Lane Wilmslow,

Cheshire

SK9 5AF

Information Commissioner's Office

The Information Commissioner is empowered to assess whether there has been a failure to comply with the 2018 Act. The Commissioner can issue enforcement proceedings if satisfied that there has been a contravention of the Data Protection Act.

Information where the Office of the Police and Crime Commissioner for Bedfordshire is not the “Data Controller”

In many cases, it is the Police and not the Office of the Police and Crime Commissioner that hold personal information. The Police National Computer PNC) includes information on prosecutions, convictions, and cautions. Chief Officers of Police are the “data controllers” for this information and not Bedfordshire OPCC.

Police Forces provide a form to simplify the exercise of your subject access rights to PNC information. In the case of Bedfordshire Police, you should contact: -

Data Protection Officer

Information Governance Unit

Bedfordshire Police HQ

Woburn Road

Kempston

Bedfordshire

MK43 9AX

Email: [email protected]

Requests under the Environmental Information Regulations 2004

If you wish to make a request for information under the Environmental Information Regulations 2004 (EIR), you should write to:

Compliance Officer

Office of the Police and Crime Commissioner for Bedfordshire

Woburn Road Kempston MK43 9AX

Tell: 01234 842064

Email: [email protected]

The Chief Executive has overall responsibility for this Publication Scheme.

                                                                                                                     

Record Management Retention and Disposal Policy 2024

STANDARD OPERATING PROCEDURES:

OFFICE OF THE BEDFORDSHIRE POLICE AND CRIME COMMISSIONER

Title	Record Management, Retention and Disposal Policy
Area of Compliance	Compliance
Version No.	5.0
Senior Lead	Head of Governance and Transparency
Author	Compliance

Revision History

Date	Revision	Change	Review Date
December 2015	1.0	No change	December 2016
29/09/2017	2.0	Full review completed	29/09/2017
15/05/2018	3.0	Full GDPR review	15/05/2019
15/05/2019	3.0	No Change	15/05/2020
20/09/2020	3.0	No Change	20/09/2021
17/09/2021	3.0	Complaints Policy website link updated	17/09/2022
17/10/2022	4.0	OPCC Logo Updated, update of Protective Marking Scheme	17/09/2023
27/09/2023	5.0	Accessibility amendments, Updated Article 5 wording, updated links	27/09/2024
20/08/2024	5.0	No Change	20/08/2025

Introduction

The Office of Police and Crime Commissioner OPCC) for Bedfordshire is committed to the highest possible standards of openness, probity, and accountability. All organisations generate records which must be collated, maintained, and revised over time.

As a public body, the OPCC for Bedfordshire has a responsibility to be accountable to the public for their actions. Therefore, the records must be accurate and capture accurate details. The policy for management of these must protect the rights of privacy, confidentiality, and security. This applies to the management of records of all formats or media, whether created or received.

Effective records management is essential to the support compliance with the UK General Data Protection Regulations GDPR) and the Freedom of Information Act 2000 FOIA).

This policy statement sets out how the OPCC for Bedfordshire manages information and complies with its statutory obligations and will be kept under annual review. It applies to all the information held by the office, regardless of its format or origin. It includes policy and procedures around:

• Records management, security and sharing information; and
• Retention and deletion of documents.

Under the GDPR the OPCC has a number of responsibilities as both a data controller and data processor. The OPCC will use personal information and may, on occasion, use some categories of sensitive personal information in order to carry out our official functions or public tasks that are set out in law, mainly the Police Reform and Social Responsibility Act 2011. For example, when a complaint is made against the Chief Constable, the Commissioner’s Office OPCC) will retain and process the personal information shared with us in order to carry out the lawful public task of investigating this complaint.

Article 5 of the GDPR requires that personal data shall be:

Personal data shall be:

(a)processed lawfully, fairly and in a transparent manner in relation to the data subject lawfulness, fairness and transparency;

(b)collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), not be considered to be incompatible with the initial purposes limitation;

(c)adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed data minimisation;

(d)accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay accuracy;

(e)kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject storage limitation;

(f)processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures integrity and confidentiality

Article 5(2) requires that:

The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1: accountability).

There are special arrangements under the Act for processing sensitive personal information. This includes racial or ethnic origin, political opinions, religious or other beliefs, trade union membership, physical or mental health condition, sexuality, criminal proceedings or convictions.

The lawful bases for processing are set out in Article 6 of the GDPR. At least one of these must apply whenever any organisation processes personal data:          

(a) Consent: the individual has given clear consent for you to process their personal data for a specific purpose.

(b) Contract: the processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering into a contract.

(c) Legal obligation: the processing is necessary for you to comply with the law (not including contractual obligations).

(d) Vital interests: the processing is necessary to protect someone’s life.

(e) Public task: the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law.

(f) Legitimate interests: the processing is necessary for your legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests. (This cannot apply if you are a public authority processing data to perform your official tasks.)

We may collect personal information to process an enquiry, manage a bid for services or a contract and, subject to consent to partners and members of the public about other events and activities that we think may be of interest to them.

When a complaint is made against the Chief Constable, the OPCC will retain and process the personal information shared with us in order to carry out the lawful public task of investigating this complaint. The OPCC will also respond quickly to share any personal information with Bedfordshire Police when it relates to a risk to life or the need to protect and safeguard the public.                                                                                     

In order to process any complaint or issue of dissatisfaction raised against Bedfordshire Police, its officers and staff, the Commissioner is required to share relevant personal information with Bedfordshire Police Force to ensure that the complaint is looked into and to meet our public task - (e) Public task: the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law.

The OPCC will pass relevant personal information to Bedfordshire Police Force (including where necessary the parts of Bedfordshire Police Force that are collaborated with Hertfordshire and Cambridgeshire Constabularies) so that they may offer the individual a response to a complaint or issue of dissatisfaction that reflects the operational role of the police force.

More information on how the OPCC process complaints is available within the Complaints policy.

Bedfordshire OPCC will not share personal information with other organisations or companies without a lawful purpose (as set out under Article 6 GDPR 2018) or without the explicit consent of the data subject.

In processing any bid for a contract to provide services, the OPCC may share data with Bedfordshire Police Force, credit reference agencies and fraud prevention agencies, consent to share information will be sought from bidding organisations via the grant application form.

The Freedom of Information Act and Subject Access Requests

Under the Freedom of Information Act and the Environmental Information Regulations the public have a right to request any recorded information held by a public authority.

Any individual has the right to ask for any information that think a public authority may hold. The right only covers recorded information which includes information held on computers, in emails and in printed or handwritten documents as well as images, video and audio recordings.

They can do this in writing. The public authority must tell the applicant whether it holds the information. A public authority can only refuse to confirm or deny whether it

holds the information if this would in itself reveal information that falls under an exemption. The public authority must supply it within 20 working days, in the format requested. The Act applies to all information, not just information held since the Act came into force.

Guidance on how to submit a Freedom of Information request is available via the Information Commissioners Office website.

Guidance on how to submit a subject access request is available via the Information Commissioners Office website.

In some circumstances information may not be provided in response to a data access request because it is exempt, for example because it would unfairly reveal personal details about somebody else. The OPCC does not have to provide information if an exemption applies, or in certain cases if the cost of providing the information is too high.

Records Management and Information Security

All organisations generate records which must be collated maintained and revised over time. Public authorities are accountable for their actions to the public so need to ensure their records are accurate and reliable. A record is any report, letter, email, minute, decision note, meeting note or other document whether hard copy or electronic, whether created or received and includes any personal data.

The OPCC approach to record management aims to ensure that:

• The value of information is understood
• Records are present
• Records can be accessed and updated easily
• Records can be easily interpreted
• Records are a reliable representation of that which it is supposed to document; and
• Qualities of the document can be maintained, despite alterations or adaptations over time.

The OPCC is committed to the creation, storage, management, and eventual disposal of records in a manner accurately documenting the functions of the OPCC and compliant with this policy. All staff who create, receive, and use records have record management responsibilities at some level.

The OPCC will ensure that it develops and utilises systems for the documenting of its activities and registering its records. In order to maintain records efficiently and where applicable, there should be a tracking system in place so the location of particular records can be established and retrieved.

Our policy is to:

• Manage information effectively as a strategic corporate body by providing timely, appropriate, accurate and up-to-date information when it is needed
• Make information available to those with a business need to see it
• Take appropriate measures to protect information, including personal information, which cannot be shared for reasons of security or privacy
• Assess and manage risks to the confidentiality, integrity and availability of information
• Ensure that information created, collected and stored is proportionate to the business need, and is retained only for as long as it is needed
• Ensure information is of the appropriate quality, and in the appropriate media, to support business needs
• Create an information literate culture, where all staff recognise that information is everyone’s responsibility and have the skills, confidence & commitment to effectively manage information according to the requirements of their role; and
• Comply with all relevant statutory and regulatory requirements

Electronic records

Electronic records will be held in structured folders and will logically group information together with security arrangements to ensure that the integrity of the records can be maintained and protected from loss or destruction. It should be remembered that it may be necessary for electronic records to be transmitted from one system to another and their format should be consistent with this.

Information Security

All employees should report any breach, possible breach, or threat of any sort to the security of OPCC information systems, to the designated Data Protection Officer (DPO) for the OPCC, who will follow an agreed Data Breach Management Plan. Any data breach will be recorded, investigated, and reported to the Information Commissioner’s Office via the Information Management Unit as appropriate.

Mobile Working and Transportation of Data

All devices containing OPCC data must be safe and secure when unattended both in and outside of the office. Information contained on a mobile device and taken off-site should be kept to a minimum.

Our policy is to:

• discourage unnecessary requests to transport sensitive data away from the main office and to seek clarity on the destination and proposed use of the information
• ensure all documents are clearly marked Confidential where appropriate, and conceal paper documents from sight at all stages of the journey
• provide secure external media devices (pen-drives, hard drives) to facilitate the need to transport sensitive data
• ensure all staff are aware of their responsibilities when transporting data from one location to another, and
• ensure staff immediately report any loss of information to their line manager, in the first instance, a report will be submitted in all cases to the Data Protection Officer.

E-mail

Information that is passed over an insecure network should be considered as being open to the public. Therefore, information which is not suitable for the public domain should not be processed or stored on personal computing equipment. Material marked as Official sensitive, Restricted or Confidential should not be sent electronically to personal, unsecure email addresses.

The OPCC electronic system is delivered by the Tri-Force and procedures will reflect the requirements outlined in the Tri-Force Joint Information Management Strategy (IMS).

Passwords

All staff have a responsibility for managing their own passwords and should not share passwords with others. Passwords should be changed regularly but not sequentially.

Protective Marking Scheme

Those handling police information have a responsibility to value and safeguard all information they send or receive. Where necessary, appropriate classification and measures should be clearly identified in order to enable sharing and to protect from loss, damage or unauthorised and inappropriate access to the information. Classification ensures that police information is handled appropriately in order to protect individual rights in accordance with the law (part 3, chapter 2, section 40 Data Protection Act 2018) and with respect for the wider public interest.

Although there is no direct correlation between the new Government Security Classification (GSC) and outgoing Government Protective Marking Scheme (GPMS), the below demonstrates how GSC compares with GPMS. It also identifies the three new categories and the use of OFFICIAL-SENSITIVE within OFFICIAL:

Government Protective Marking Scheme GPMS): Top Secret, Secret, Confidential, Restricted, Protect,NPMM

Government Security Classification GSC): Top Secret, Secret, Official [Official-Sensitive]

In deciding the correct marking for the information, the initiator should consider how damaging the consequences would be if the material was lost, stolen, disclosed, or destroyed.

Securing your PC

Where staff have to leave their desks in the office unattended, they should press Ctrl-Alt-Delete together to lock their PC or log out of all systems. For a meeting or similar period of absence PC monitors should be also switched off.

Review

The OPCC regularly reviews their Record Management Retention and Disposal Policy, but no less frequently than every twelve months. Records management procedures are in place to ensure compliance with this policy statement and to incorporate changes where necessary.

Retention and Destruction Procedure and Schedule

The OPCC is committed to operating in an open and transparent manner. The record disposal procedure is designed to support the Commissioner’s corporate governance framework. The purpose of this procedure is to:

• prevent the premature destruction of records
• provide consistency of preservation/destruction
• improve record management

Records will be retained for the periods shown in the below Record Retention and Disposal Schedules. All retention periods are given in whole years and are from the end of the financial year to which the records relate. Records should be disposed of by shredding / arranging for collection as confidential waste for destruction by the appropriate body and this should also include all back-up copies on alternative media.

Litigation

Whenever there is a possibility of litigation or a request under either the Freedom of Information Act or Data Protection Act, the records that are likely to be affected should not be amended or disposed of until the threat of litigation has ended or the appeal processes under the Freedom of Information Act have been exhausted.

Record of Disposal

A record of disposal of the information detailed in the attached schedule should be maintained which identifies each record destroyed.

Standard Operating Procedure

This applies to records which do not need to be kept at all. Information, which is duplicated, unimportant or of short term use can be destroyed under the Standard Operating Procedure, including:

• compliment slips;
• catalogue and trade journals;
• telephone message slips;
• trivial e-messages or notes not related to OPCC business;
• working papers which lead to a final report (including notes of meetings);
• duplicated and superseded material such as stationary, manuals, drafts, address books and reference copies of annual reports.
• e-copies of documents where a hard copy has been printed and filed or vice versa.

Except where these may be used as evidence to prove that something has happened.