The Act creates a statutory requirement for all Functions and Policies (Including Procedural Instructions) to be analysed for their effect on equality, diversity and human rights, with due regard to the General Duty.

In principle, this document has been assessed for discrimination, which cannot be justified, among other diverse groups.

Human Rights/Discretion:

The purpose of providing policy is to give an indication to staff of the expected course of action.  However, it is not possible to cater for every possible combination of factors that would justify a departure from stated policy.  The Human Rights Act 1998 requires the proper use of discretion at all times and nothing within this policy and associated procedural instructions prohibits the proper use of discretion in appropriate circumstances.

Where action is taken that has the potential to interfere with an individual's Human Rights, the reasons behind the making of the decision to act in that way should be recorded on the appropriate forms, or where this is not practicable, in pocket books or policy logs.

Freedom of Information Act 2000

Exemptions do not apply to this statement of agreed policy under the Freedom of Information Act 2000.

Management of Police Information (MoPI)

This policy falls within MoPI: Yes

When implementing this policy/procedural instruction all SYP staff must comply with MoPI requirements:-

1) Record all information obtained in the implementation of this policy/procedural instruction on to the relevant system as soon as practicable in accordance with the requirements of the relevant business area and the Government Protective Marking Scheme (GPMS).

2) To avoid unnecessary duplication, before creating a new record, check that the information is not already recorded within that system AND ensure any record created identifies the source (where possible), recorder, recording date and purpose.

3) Where potential intelligence is identified as a result of processing information, submit this via a National Intelligence Record (NIR, CID 122).

4) Where possible, encourage information sharing within the service and with partners, see D50745 Information Sharing Agreementsand D50746 Information Sharing Agreements - Instructions.

5) Ensure that all your actions in implementing this policy/procedural instruction comply with D51361 Data Quality, Data Protection Act 1998, Human Rights Act 1998, Freedom of Information Act 2000.

For more details about MoPI, see D50744 Management of Police Informationand Guidance on The Management of Police Information (2010)issued by ACPO/NPIA.

Review Arrangements:

This policy together with its Equality Analysis will be reviewed annually.

Rights of redress for members of the public:

Anyone who feels that a member of staff has behaved incorrectly or unfairly, or who is dissatisfied with organisational matters, service delivery or other operational policing issues, has the right to make a complaint.

Initial action should be taken in one of the following ways:

• Complain in writing or in person to the Senior Officer at the appropriate police station or to the Chief Constable of the force concerned.
• Visit a local Citizens' Advice Bureau
• Contact a Solicitor

Rights of redress for South Yorkshire Police personnel:

South Yorkshire Police personnel who feel they have grounds for concern in relation to the implementation of policies may, as appropriate:

• Pursue concerns through their line manager.
• Contact a First Contact Advisor.
• Pursue a grievance formally through the South Yorkshire Police Fairness at Work Procedure.
• Seek advice from their staff association or trades union.

• Use procedural instruction D50241 Management of Complaints, in the section entitled Handling Complaints relating to Direction and Control. 

22 November 2004