NOT PROTECTIVELY MARKED LINCOLNSHIRE POLICE Policy Document 1. POLICY IDENTIFICATION PAGE POLICY TITLE: HONOUR BASED VIOLENCE (HBV) – INCLUDING FORCED MARRIAGE (FM) POLICY REFERENCE NO: PD 204 (1) POLICY OWNERSHIP: ACPO Commissioning Officer: DCC Portfolio / Business-area Owner: Crime Department Responsible: Public Protection Unit (PPU) Senior Owner: Head of PPU Links or overlaps with other policies/strategies: Domestic Abuse Force Policy / ACPO Investigating Domestic Abuse Guidance (2008) Safeguarding Children Force Policy Missing Persons Policy Sexual Offences / Rape Policy Repeat Victimisation Policy ACPO HBV Strategy Multi Agency Guidance to Handling Cases of Forced Marriage (2014) Multi Agency Guidance: FGM (2014) POLICY EFFECTIVE DATE: MARCH 2015 POLICY REVIEW DATE: MARCH 2016 VERSION: DATE: 1.0 March -15 REASON FOR ISSUE: National guidance for Forced Marriage available. ACPO guidance on HBV needs framing under one document. -1- NOT PROTECTIVELY MARKED 2. Legislative Compliance This document has been drafted to comply with the principles of the Human Rights Act. Public disclosure is approved unless otherwise indicated or justified. Adherence to this policy will ensure compliance with all relevant legislation and internal policies. 3. POLICY STATEMENTS/INTENTIONS 3.1 The principles and scope of the policy This policy relates to all circumstances where Lincolnshire Police is involved in reports and investigations relating to Honour Based Violence (HBV), Forced Marriage and Female Genital Mutilation (FGM). The Policy is aimed at all police officers and police staff who are working for the force and includes staff who are contracted to the Force. 3.2 The aim of the policy Lincolnshire Police adopts the ACPO HBV Strategy vision, mission and aims. Namely: The Vision: Everyone who is, or may become a victim of HBV has the confidence and trust in the police service to seek our help. That the police service provides an appropriate response on every occasion our help is sought; recognising and responding effectively to risk and holding offenders to account. That the police service is part of a knowledgeable, responsive and accessible partnership that includes government, statutory agencies at national and local level, voluntary sector organisations, and communities. That the police service demonstrates clear leadership on the issues at the same time as supporting the partnership to develop capacity and capability within community leadership. Solutions will ultimately be community-driven. The Mission: Work with partners, to tackle and prevent honour based violence by protecting vulnerable people and affected communities, holding perpetrators to account and raising awareness of the issues. The Aims: To protect the lives of both adults and children who are at risk of honour based abuse; To investigate all reports of honour based violence; To improve the police service’s service delivery to victims and potential victims; To facilitate effective action against offenders so that they can be held -2- NOT PROTECTIVELY MARKED accountable through the criminal justice system; To adopt a proactive, multi-agency approach in preventing and reducing honour based violence; To increase awareness of the nature, extent and impact of honour based violence; and To eradicate the causes of honour based violence. 4. INTRODUCTION/LEGAL BASIS 4.1 The origins/background information In late 2008, ACPO produced its first Honour Based Violence (HBV) Strategy. The strategy sets out the work to be undertaken by police services across England, Wales and Northern Ireland. The work relies on effective partnerships with statutory, voluntary and community sector organisations and with central government. Honour Based Violence and Forced Marriage impacts in a range of communities. Among the challenges for the service is to develop responses that keep people safe and hold perpetrators to account without stereotyping, stigmatising or making assumptions about any given individual or community. That will be achieved through a focus on recognising and responding to risk, a focus on criminality and understanding HBV as a fundamental breach of Human Rights. The College of Policing is in the process of producing Authorised Professional Practice for responding to Forced Marriage (2014). The APP page currently signposts to documents which should be adhered to & read in conjunction with this policy, the information can be found at http://www.app.college.police.uk/appcontent/major-investigation-and-public-protection/forced-marriage-and-honourbased-violence/ Further guidance is also available on the Force Intranet http://intranet/Crime/Public_Protection_Unit/Honour_Based_Violence/ This page contains ACPO HBV Guidance documents (which will not be listed as appendices to this force policy). Please note these are currently under review as College of Policing looks to develop APP guidance in this area. Namely: ACPO HBV Advice Leaflet ACPO HBV Resource Document ACPO HBV Strategy ACPO HBV Tactical Menu of Options Guidance – Finger Printing / DNA Sampling of forced marriage victims Guidance - Policy for making NI numbers sensitive data Guidance - Transfer of Victims between Forces There are also specific sections in relation to Forced Marriage and Female Genital Mutilation on the force Intranet under the above referenced HBV page. 4.2 Motivators/Driving Forces HBV brings with it many challenges for the service. The single most significant challenge is to ensure that every member of the service who may be the first point of contact for someone at risk has sufficient understanding of what is required to begin that person’s journey from victim to survivor. -3- NOT PROTECTIVELY MARKED The benefits of successfully implementing this policy include: Fewer victims of honour based violence More perpetrators brought to justice Increased community trust and confidence in police Increased community intelligence Increased capacity and capability in community organisations Increased community cohesion More complete evidence base on which to build future action Consistent level of service across UK More effective partnership across the violence agenda 4.3 General Principles of the Policy The purpose of this policy is to ensure a corporate approach to the response Lincolnshire Police delivers in cases of HBV. Areas not specifically detailed in APP or government multi-agency guidance, or where there are already Lincolnshire Police policies and protocols in place, will be catered for within this policy document. Other areas of importance such as risk assessment and training are also included within this policy document. 4.4 Legal Basis The legal obligations which underpin the above aims include the duties within the Human Rights Act 1998 and European Convention on Human Rights to protect life and to protect individuals from inhuman and degrading treatment. Both the Convention and other legislation, such as the Race Relations Act 1976 [as amended by the Race Relations (Amendment) Act 2000], place a clear responsibility on public authorities to fulfil these obligations without discriminating on any grounds. All victims of HBV/FM should receive an appropriate and effective service according to their individual needs. All allegations should be effectively investigated and perpetrators held accountable through the criminal justice system, without discrimination. 4.5 Human Rights Considerations/Articles Engaged Human Rights Considerations includes the following: The application of this policy has the potential to engage the following articles under the Human Rights Act 1998: Article 2- The right to life Article 6- The right to a fair trial Article 8 -The right to privacy family life, home etc This Policy has been drafted in accordance with the principles of human rights legislation. Consideration has been given to the compatibility of this policy & related procedures with The Human Rights Act 1998. 5. APPENDICES -4- NOT PROTECTIVELY MARKED Appendix A – HBV Procedure Appendix B – HBV Cases - Risk Assessment and Protection Plan and DNA Form All other documentation is available on the College of Policing APP section or on the force Intranet; both links are cited in section 4.1. 6. IMPLICATIONS OF THE POLICY It is recognised that the guidance contained under this heading may not be directly applicable to all policies. Where it is relevant however, the following areas should be considered: 6.1 Financial Implications/Best Value Financial implications of this policy have been considered. Financial implications of training will be considered further – there will be a requirement to deliver HBV/FM modules from the College of Policing Public Protection course. This is currently being explored with G4S training lead. 6.2 Human Resources/Training There are implications for initial training and refresher training for all officers and staff. The DASH programme in force has covered HBV response. However this requires a review and a programme for 2015/16 will be developed. Public Protection Course Modules also include HBV and how Lincolnshire Police adopts this programme is part of this review. At this time, the College of Policing have not produced an NCALT module specific to HBV. There is a learning descriptor for HBV courses to be delivered locally available. The force signposts to the Female Genital Mutilation (FGM) e learning training available via the Home Office. 6.3 Strategic/Business Plan The implementation of this policy will be coordinated to line in with other countywide developments, in particular developments within the Public Protection Unit (PPU). This policy also meets the requirements of the ACPO HBV self-inspection 2014/15. 6.4 Risk Management Risk Management is a process to help manage your work by identifying what may go wrong and the actions you could take to prevent this from happening, or to take full advantage of emerging opportunities presented by the risk. It should be an integral part of how you plan and manage your resources to run your business area and achieve your objectives. Acknowledging risks in advance places the force in a strong position to address them, and allows for the implementation of control measures prior to the risk occurring. This often results in saving significant resources and elevated levels of public satisfaction. -5- NOT PROTECTIVELY MARKED 6.5 Health and Safety Health and Safety Act 1974 Health and safety issues have been considered in relation to this policy but those that the policy concerns should still ensure that they comply with the requirements of the Force Health and Safety Policy. 6.6 Diversity The Police Service has begun more fully to recognise the diversity of honour based violence victims and potential victims, whether by gender, gender identity, ethnicity, religion (or no religion), belief (or no belief), disability, sexuality or age. Concepts of honour and shame have long been associated with Lesbian, Gay, Bisexual and Transgender (LGBT) people in affected communities, where there are issues of actual or threatened forced marriage and where the potential for other forms of honour based violence are seen as a significant and real threat. There is much evidence to support that LGBT people from within affected communities are being forced into marriage to ‘cure’ their sexuality or address their gender identity. In addition there is also a wealth of evidence, which highlights that people with disabilities e.g. wheel chair users, mental illness sufferers etc. have been or are being forced into marriage. There are a number of reasons for this including; parents wishing to find a partner for their disabled adult children, who can then care for them as the parents grow older; Assisting claims for residence and citizenship in the UK; and Retaining wealth, property or land within the family. In the application of this policy the Police Service/Force/Constabulary will not discriminate against any persons on the basis 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 on Human Rights (ECHRa). An Equality Impact Assessment has been completed for this policy. This policy will be delivered in accordance with the Code of Ethics: All staff involved in carrying out functions under this policy and associated procedures and appendices will do so in accordance with the principles of the Code of Ethics. The aim of the Code of Ethics is to support each member of the policing profession to deliver the highest professional standards in their service to the public. 6.7 Children and Young People The policy should be read in conjunction with existing guidance in respect of child abuse investigation, domestic abuse and safeguarding vulnerable adults. 6.8 Crime and Disorder Act The impact of this policy upon Crime and Disorder has been considered in accordance with the Crime and Disorder Act 1998. Adherence to this Policy will help reduce crime and disorder. -6- NOT PROTECTIVELY MARKED There are no features of this Policy, which are thought likely to increase crime and disorder. 6.9 Internal Policy/Strategy Links 6.10 Domestic Abuse Force Policy / ACPO Investigating Domestic Abuse Guidance (2008) Safeguarding Children Force Policy Missing Persons Policy Sexual Offences / Rape Policy Repeat Victimisation Policy ACPO HBV Strategy Multi Agency Guidance to Handling Cases of Forced Marriage (2014) Multi Agency Guidance: FGM (2014) Consultation This policy has been subject to full consultation with the Chief Officer Group, Departmental Commanders, Staff Associations, Office of Police and Crime Commissioner and all other interested parties. 6.11 Publication The main body of this policy is authorised for public disclosure by the Assistant Chief Constable, in accordance with the Publication Scheme under the Freedom of Information Act. The appendices will not be disclosed to the public, as they contain material that may impact on effective investigation of crime. 7. PROMOTION/DISTRIBUTION Publication to the public will be via the Force Internet Website. Publication to force personnel will be via the Force Intranet and upon request via the Policy and Strategy Support Officer for a hard copy. 8. MONITORING/REVIEW This policy will be subject to on-going review by the Detective Superintendent Public Protection to ensure that any changes in legislation, guidance or procedures are incorporated as soon as possible. Amendments will be notified to the force according to the publication/distribution details above. This policy will be reviewed every year. Earlier review may be prompted by the monitoring process detailed above, or by inefficiencies being identified. Reviews will cover compliance with the Law, Human Rights, Equality and Diversity issues. -7-
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