NOT PROTECTIVELY MARKED
BCH02/003 Receiving of
Gifts & Hospitality Procedure
.
TABLE OF CONTENTS
1 Procedure Aim3
2Applicability
2.1 Inclusions3
2.2 Exclusions3
3Procedure detail3
3.1 Key principles 3
3.2 Acceptability 3
3.3 Considerations 4
3.4 Modest Gifts 4
3.5 Moderate Gifts 4
3.6 Significant Gifts 4
3.7 Process in relation to hospitality4 3.8 Tax Liabilities 6
3.9 Donations6
3.10 Process in relation to Will beneficiaries7
3.11 Discounts and Concessions7
4Training & accreditation8
5Associated documents8
6Who to contact8
7Equality analysis9
Appendix A: Disclosure of gifts and hospitality – in excess of £20 12
Appendix B:ACPO Guidance on Gifts and hospitality13
1. PROCEDURE AIM
1.1The ‘Special Nature of Policing’ and the unique position held by both officers and staff render of paramount importance, public confidence and faith in policing organisations. The honesty and integrity of all employees of police organisations must at all times be beyond question, likewise and by extension any activity which has the potential to call this into question must be avoided
1.2This procedure outlines the process to be followed in the event of the offering of a gift or hospitality to any employee of Bedfordshire, Cambridgeshire or Hertfordshire forces, likewise the process for the provision of hospitality where appropriate. The process also provides instruction in relation to the use of concessions offered to employees.
1.3This document is not intended to affect existing arrangements in relation to Force Sponsorship. The occasions when the Force will accept gifts, loans and commercial sponsorship to promote or assist in promoting initiatives and activities relative to operational policing will continue to be determined in accordance with existing policy.
1.4Nothing in this document is intended to affect traditional and customary exchanges and hospitality solely between Police Forces.
1.5This procedure is based upon the provision of the ACPO guidance on gifts, gratuities and hospitality, 2012.
2. APPLICABILITY
2.1 Inclusions
2.1.1 All police officers and police staff, including specials and the extended police family and those working voluntarily or under contract to Bedfordshire Police and Cambridgeshire and Hertfordshire Constabularies must be aware of, and are required to comply with all relevant policy and associated procedures.
2.2 Exclusions
2.2.1 There are no exclusions from this Policy and Procedure.
3. PROCEDURE DETAIL
3.1 Key principles
3.1.1 Police Officers should never solicit the offer of any gift, gratuity, favour or hospitality in any way connected to or arising from their role within the police service, whether on or off duty.
3.1.2 During the course of their duties police officers and staff may well occasionally be offered gifts and hospitality which do not in any circumstances amount to a breach of integrity on the part of either party. Examples of such include the provision of light refreshments as a common courtesy in line with policing duties, inexpensive promotional products from partnerships or conferences or discounts aimed at all members of the wider police service.
3.2 Bedfordshire, Cambridgeshire and Hertfordshire forces employees may provide and accept gifts in order to:
3.2.1 Recognise appreciation of visitors to the Force.
3.2.2 Reflect customary exchanges between professional organisations.
3.2.3 Recognise support and contributions to the policing effort of the Force. Staff need to be aware that this does not extend to retirement/birth of child/ marriage/promotion gifts for colleagues.
3.3 Where any gift is offered its acceptance will be determined against the below considerations
3.3.1GGenuine: Is this offer made for reasons of genuine appreciation for something that has been done? Why is the offer being made? What are the circumstances? Has this offer been solicited in any way or does the donor feel obliged to make this offer.
3.3.2IIndependent: Would the offer or acceptance be seen as reasonable in the eyes of the public. Would a reasonable bystander be confident that the force remained impartial and independent in all of the circumstances?
3.3.3FFree: Could the recipient always feel free of any obligation to do something in return? How does the recipient feel about the propriety of the offer? What are the donors expectations of the recipient should s/he accept?
3.3.4TTransparent: Would the recipient be comfortable if her/his acceptance of the offer were transparent to the force, to his/her colleagues and to the public, or it was reported publicly? What would be the outcome for the force if this offer were accepted or declined?
3.4 Modest or small gifts
3.4.1 Modest or small gifts are those which do not, or appear not to exceed £20 in value and will be generally of a promotional character, e.g. pens, diaries, calendars, key rings, conference packs etc.
3.4.2 In these instances and subject to paragraph 3.1 above, no express permission is required nor is there a requirement to record details of receipt in the Constabulary Register. However it should be noted that personal integrity is paramount and therefore should staff be in any doubt, the gift should be declined or express permission sought. Should there be any doubt as to the value of the gift, if would be advisable to proceed as per paragraph 3.5 below.
3.5 Moderate Gifts
3.5.1 Where the value of the gift given, offered or received is, or appears to be in excess of £20 but under £50, if possible prior approval should be obtained from Professional Standards Department (PSD) by completing the form at Appendix A.
3.5.2 Where it is not practicable to obtain prior approval for the receipt of a gift valued at between £20 and £50, the form at appendix A should be completed following receipt. Professional Standards Department will then assess the gift against the criteria of paragraphs 3.2 and 3.3 and determine whether the recipient should retain the gift or whether it should revert to the property of the Force.
3.5.3 Where the recipient of a moderate gift disagrees with the decision made by virtue of paragraph 3.3.2 above by the Head of Professional Standards, the final arbiter shall be the Responsible ACPO Lead for the Tri-force PSD.
3.5.4 In all cases where prior approval is sought, and where gifts of over £20 in value are accepted or declined a record will be made in the forces gifts and hospitality register.
3.6 Significant Gifts
3.6.1 Gifts in excess of £50 in value should only be accepted with prior approval.
3.6.2 This should be by way of submission of the form at Appendix A to the Professional Standards Department. In circumstances where there was no prior knowledge of the offering of a gift it may be accepted only if in the opinion of the recipient to refuse would cause offence. In such cases the form at Appendix A should be submitted at the earliest opportunity. In all cases involving the acceptance of significant gifts the Head of Professional Standards will ensure the form is submitted to a Chief Officer for final ratification.
3.6.3 In all but the most exceptional circumstances, gifts in excess of £50 in value which are accepted will become the property of the relevant force.
3.6.4 In all cases where prior approval is sought, and where gifts of over £50 in value are accepted or declined a record will be made in the forces gifts and hospitality register.
3.7 Hospitality
3.7.1 Police officers and staff may receive official hospitality providing that it meets one of the following requirements:
3.7.1.1Hospitality involved when officers/staff attend seminars, presentations and other functions in their professional capacity.
3.7.1.2In developing professional relationships with private/public organisations to gain support for, or further the development of police related activity.
3.7.1.3 Accepting recognition of achievement in police related matters.
3.7.1.4Light refreshments provided by an outside organisation in the course of and incidental to a meeting or discussion of official business.
3.7.2 Staff should properly consider all the circumstances before accepting any hospitality. On all occasions, other than those under paragraph 3.7.1.4 (light refreshments), where an offer of hospitality is made, permission must be sought from Professional Standards Department by way of the form at Appendix A. The completion of this form represents an application for an entry into the hospitality register and does not in itself provide the ability to partake in hospitality prior to approval.
3.7.3 Examples of unacceptable hospitality would be offers of accommodation (not related to official functions), sporting events, holidays, foreign trips or events of an inappropriate nature such as invitations to cabarets, shows or night-clubs, or where the professional relationship between the host and the Constabulary maybe brought into question (e.g. in the course of a competitive tendering process).
3.7.4 Where hospitality is offered by an established supplier or potential supplier of goods or services prior approval must be given by the Head of Procurement, to ensure no potential conflict or perceived conflict of interest exists.
3.7.5 Where the force is currently undertaking an active tender process or anticipates such a process within the forthcoming 12 months, no hospitality may be accepted from any potential participant. In the interest of clarity the Head of Procurement should be consulted in all cases where this may be a possibility.
3.7.6 Police officers and staff may provide official hospitality when
3.7.6.1 Appropriate to formal visitors to the Force.
3.7.6.2 Acknowledging or encouraging support provided to furthering policing effort.
3.7.6.3 Recognising achievement of staff, e.g. award ceremonies etc. Staff need to be aware that this does not extend to retirement/birth of child/ marriage/promotion.
3.7.6.4 Providing a forum for the exchange of skills and experience relating to police/professional related activities.
3.7.6.5 Other events are at the discretion of the Chief Constable.
3.7.7 Normally the provision of hospitality will include:
3.7.7.1When the employee is required for work-related reasons to entertain contacts, suppliers and other work related connections in the course of performing official duties. A working lunch in the staff canteen may be acceptable. It is not normal to provide hospitality to anyone who benefits from business.
3.7.7.2 To discuss particular work related issues and/or maintain existing work related connections.
3.7.7.3 Working lunches provided so the parties can continue to discuss business.
3.7.7.4 Light buffets for awards and other ceremonies, launches etc.
3.7.7.5 Invitations to official force functions.
3.7.8 Specifically the provision of hospitality will not include:
3.7.8.1Entertaining personal friends or work-related acquaintances where there is no work related obligation to entertain them.
3.7.8.2 Reciprocal entertaining between work related acquaintances, even though some work related topics happen to be discussed.
3.7.9 Area Commanders and Heads of Department may authorise reasonable expenditure on providing hospitality within these guidelines. In the case of any doubt, advice must be sought from a Chief Officer.
3.7.10 The provision of items such as tea, coffee and biscuits that are offered to staff or visitors as a matter of courtesy are outside the scope of this procedure.
3.8 Tax Liabilities
3.8.1 There is potential for staff to incur a personal tax liability if they receive excessive gifts and hospitality from the same donor organisation. To avoid incurring an income tax charge on gifts, the following criteria must be met:
3.8.1.1 The gift consists of goods or a voucher or a token only capable of being used to obtain goods.
3.8.1.2 The person making the gift is not the employer (or a person connected with the employer)
3.8.1.3 The gift is not made in recognition of particular services in the course of employment or in anticipation of particular services, which are to be performed.
3.8.1.4 The employer (or a person connected with the employer) has not directly or indirectly procured the gift
3.8.1.5 The total cost of all gifts made by the same donor to the employee during the income tax year is £150 or less.
3.9 Donations
3.9.1 There may be occasions when members of the public should be permitted to show their appreciation of police services by making a present for the benefit of the service as a whole, e.g. by donation to the force’s Welfare Fund.
3.9.2 If the promoters of any proposed entertainment or function offer to give any part of the proceeds to a police fund or organisation, any cheque or monies received are to be acknowledged and receipted locally. The decision for acceptance or otherwise is made locally (with the authority of an officer of at least the rank of Chief Inspector or police staff equivalent. Donations in the following instances will not be accepted:
3.9.2.1 If there is a possibility of an ulterior or dishonest motive in the offer; If there is a possibility of influencing a tendering process.
3.9.2.2 If it is clearly apparent the police would be under an obligation to the donor
3.9.2.3 If acceptance might cause suspicion that police action would be influenced by the gift (e.g. at elections or trade disputes);
3.9.2.4 If the donor is deemed not to be of suitable character;
3.9.2.5 Concerning the service of a summons or the execution of a warrant.
3.9.3 Any offer of money or presents in kind made to officers or staff for services rendered in the ordinary course of duty will politely be declined. Police Officers will make a brief note of the circumstances in their pocket book. Police Staff will be required to inform their Line Manager of the incident in writing.
3.9.3
3.9.3.1 If it is thought the donor will insist on making the presentation and if the gift does not fall within the prohibited categories, then the gift will be accepted and an official receipt forwarded to the donor at the earliest opportunity
3.9.3.2 Donations to charity should not be made from public funds. The Police Property Act Fund is available for this purpose.
3.10 Will Beneficiaries
3.10.1 In cases where an officer or staff member is nominated as a beneficiary of a will, as a consequence of a relationship that has developed with a member of public/external party, during the course of his/her duty, this should be declared to the Chief Officer who has responsibility for PSD in their portfolio without delay so that the appropriate advice could be given.
3.11 Discounts and Concessions
3.11.1 It is accepted that large national commercial organisations will offer discounted rates for public sector services including the police service. Discounts and concessions offered to Bedfordshire, Cambridgeshire and Hertfordshire will only be accepted on the following basis:
3.11.2 Employees of Bedfordshire, Cambridgeshire and Hertfordshire forces will not seek any discount or concession from any person or organisation offered by virtue of the fact that they are employed by the police service, unless approval has been previously granted by the responsible ACPO lead for Professional Standards. The negotiation of such offers on a local basis will only be undertaken with prior approval of the Responsible ACPO lead.
3.10
3.11
3.11.2
3.11.2.1 Generally such approval will be given to discounts and concessions negotiated at a national level by a staff association, and is on the basis of the commercial marketing of the third party.
3.11.2.2 Prior to the agreement being given for the acceptance of locally agreed discounts and concessions by the responsible ACPO lead will ensure due diligence is exercised to ensure no potential conflict of interest. Locally offered discounts or concessions will only be approved if they are offered to a wider group than just police personnel and only where the discount offered is at a reasonable and justifiable level.
3.11.2.3 Where a force Sports and Social Club intranet site contains details of negotiated discounts from national commercial organisations, the addition of any new discount to this site will only be included with prior authorisation of the force lead for corporate health or integrity.
3.11.3 It is acknowledged that on occasions officers and staff may be offered a discount ‘ad-hoc’. Such circumstances may occur for example, when buying food whilst on duty. In such circumstances officers and staff are expected to exercise their professional judgement as to whether acceptance of the offer is appropriate. Considerations will include the nature of the premises, any knowledge of adverse policing relationship with the establishment or employees, the size of the discount being offered and whether there is any likelihood of an ulterior motive on the part of the supplier. Officers must be aware that their decision may be reviewed at a later date against the backdrop of the ‘Standards of Professional Behaviour.’
3.11.4 Officers and staff should note in particular the following guidance points
- The soliciting directly or indirectly of a discount is not acceptable.
- Generally a discount disproportionate to the item or its value should not be accepted.
- Discounts offered to the whole public sector or emergency services are more likely to be acceptable than those aimed specifically at the local police.
4 TRAINING AND ACCREDITATION REQUIREMENTS
4.1There are no perceived training requirements required to implement this procedure.
5. ASSOCIATED DOCUMENTATION
5.1ACPO Guidance on gifts, gratuities and hospitality
.
6. WHO TO CONTACT ABOUT THIS PROCEDURE
6.1The Detective Inspector, PSD Intelligence Unit is responsible for writing and updating this policy.
6.2 The Head of Professional Standards is the owner of this policy and will be responsible for seeking its approval at an appropriate Force Chief Officer Meeting.
7. EQUALITY ANALYSIS
Name of SponsorName of Author / Detective Superintendent 403 N Briant
Detective Inspector 1961 R Ryan
Date analysis started
Date analysis finished / 01/03/2012
November 2012
This analysis is being undertaken as a result of: / Collaboration
STOP and THINK!
Outline the policy / project. / This procedure outlines the process to be followed in the event of the receipt of a gift or hospitality provided by virtue of the fact that the recipient is an employee of Bedfordshire, Cambridgeshire or Hertfordshire forces.What do you already know? / Bedfordshire/Cambridgeshire & Hertfordshire each have existing gifts & hospitality Policy and Procedures.
Work out what else you need to know? / N/A
What are you looking to achieve with this activity? / Collaborated Policy & Procedure
Who might be affected?
Does what you are considering have the potential to cause adverse impact or discriminate against any of the protected characteristics in the community or workforce? Consider this for each of the protected characteristics below.Race and ethnic origin – includes gypsies and travellers.(Consider language and cultural factors) / No
Religious / Faith groups or Philosophical belief (Consider practices of worship, religious or cultural observance including non belief) / No
Disability Groups (Consider physical, sensory, cognitive, mental health issues or learning difficulties) / No
Sex (Consider male, female, marriage & civil partnership, pregnancy & maternity) / No
Gender Identity (Consider transgender, Transsexual, Intersex) / No
Age (Consider elderly or young people) / No
Sexual orientation (Consider known or perceived orientation, lesbian, gay or bisexual) / No
Have you considered how this decision might affect work life balance? (Consider caring issues re: childcare & disability, safeguarding issues, environmental issues, socio economic disadvantage, and low income families.) / Yes. No impact
Conduct Research / Consultation