FOI release

Action taken by the SIA in response to a reported assault

Published 1 March 2022

1. Request

I submitted a ‘report a crime or concern form’ following an assault by a security guard. I was advised that I would not be informed about the outcome of investigations. However, it is quite easy to draw one’s own conclusions by searching the public lists on your website and establishing that he no longer appears on the register of licence holders. Is it possible that this person was asked to give up his licence due to the incident that I reported?

I would really like to know whether you have conducted an investigation as a result of my complaint. Why was this person allowed to leave without punitive sanctions being made against him?

I believe that the interests of crime prevention and detection overrides any obligations of data security under the Data Protection Act (1998). I would therefore be grateful if you could share any relevant information, if not directly with myself then with Thames Valley Police, who are aware of the incident, and with the organisers at [REDACTED] and with [REDACTED], with whom the person was working at the time of the attack.

2. Response

2.1 Is it possible that this person was asked to give up his licence due to the incident that I reported?

Please be advised that the Act gives a general right of access to all types of recorded information held by public authorities. We are not required to create new information to respond to a request, or give a judgement or opinion that is not already recorded. As your request is asking for an opinion it falls outside the scope of the Act.

You may wish to refer to Get Licensed which sets out the circumstances that a licence holder’s licence will and may be revoked. For ease of reference I have set out the circumstances below:

A licence holder’s licence will be revoked if:

• it has been obtained using fraudulent documents and/or fraudulent identity, or if the licence has been used by someone other than the licence holder to engage in licensable conduct;
• they do not have the training qualifications that they claimed on application;
• they receive a sentence or disposal for a relevant offence and the date their sentence restrictions end indicates they fall into the automatic refusal category; or
• they have been working with an SIA licence without the right to work or the SIA has been informed by the relevant authorities that they do not have the right to work or are in the UK illegally.

A licence holder’s licence may also be revoked if:

• they breach any of the licence conditions set out in Get Licensed;
• they breach any of the conditions upon which the licence was issued;
• they breach any additional conditions placed upon the licence by the SIA;
• they receive a sentence or disposal for a relevant offence and the date their sentence restrictions ends indicates they fall into the consider additional factors category; or
• the SIA holds information which indicates that they are not a fit and proper person to hold a licence

2.2 Why was this person allowed to leave without punitive sanctions being made against him?

The SIA does not hold information about the decision making taken by the Police in respect of an investigation in relation criminal conduct arising from the incident.

2.3 I believe that the interests of crime prevention and detection overrides any obligations of data security under the Data Protection Act (1998). I would therefore be grateful if you could share any relevant information.

When the SIA receives information from a member of the public regarding the conduct of a private security business or its operatives it is treated as intelligence. This is because any information received can only be utilised by the SIA in so far as it informs any investigation into breaches of the PSIA or the licence conditions.

The SIA does not typically release intelligence or provide an update regarding any action taken in relation to intelligence. This policy was developed in line with the FOIA; which provides public authorities with an exemption from disclosing information relating to investigations and proceedings an authority conducts (section 30) and from disclosing any information that would prejudice the authority’s ability to exercise its statutory functions (section 31). Subsection (3) of both of these sections provides the SIA with an exemption from confirming or denying whether any intelligence is held.

The SIA acknowledges there is a public interest in the public being made aware of whether and what action is taken by the SIA in relation to intelligence it holds because it allows for public scrutiny of its effectiveness as a regulator and contributes to public confidence regarding standards within the security industry. However, the SIA considers there is a more significant public interest in ensuring that the disclosure of intelligence should not prejudice its ability to conduct is investigations and exercise its regulatory functions, for example by protecting the integrity of ongoing and/or future investigations.

[Reference: FOI 0322]