FOI release

Preventing a security company from operating

Published 16 June 2023

1. Request

1. How can the SIA allow companies like [REDACTED] who are accused of supplying unlicensed staff and have an active prosecution cases with the SIA?
2. Why do companies like [REDACTED] still operate in the market? They should lose their licence to operate until the case concludes.
3. Are they not in violation of law and threat to society as they are accused of deploying unlicensed staff – how can we be sure they are not going to do the same thing again?
4. As the SIA follows the law behind suspension of badge of a security professional if he/she facing trial or charge that he/she may be a threat to society but the place of that security professional if filled by a company facing charges?

On 1 June 2023 I emailed you and asked you to clarify questions 1 and 4 and you responded on 1 June 2023 to clarify the requests as follows.

For question 1:

How SIA allow companies like [REDACTED] to operate in the private security industry as this company is carrying out its operations and supplying the staffs to large number of venues across West Yorkshire, Scotland, London and many other areas. The company’s CEO is [REDACTED] who has active prosecution with SIA at [REDACTED] court.

How can SIA allow this company, the director to still carry out operations and business in private security industry where they are accused of breaking the law. Under what provision they are protected to carry out business whereas on the other hand, a door supervisor loses its badge immediately and cannot work in private security industry if he/she is charged with any offence and facing court appearances as an accused?

For question 4:

When SIA follows a law in force, where a Door supervisor can be disqualified and his badge is immediately suspended if charged or facing court trial, that is done by SIA with a legal obligation to keep the society safe because SIA consider that the said door supervisor may be a threat to society. But, if the place of that door supervisor is filled up by a company with another door supervisor but in this case, the company itself is accused of breaking the law (in this case is professional security), so why does SIA do not disqualify the company from providing the security services?

2. Response

I can confirm that the SIA does hold this information. I have responded to each question in turn:

2.1 Response to question 1

The SIA was created by the Private Security Industry Act 2001 to regulate the UK’s private security industry. The Act sets out what we can and cannot do.

We are responsible for:

• licensing people who do certain jobs in the private security industry
• approving private security companies who wish to be part of our Approved Contractor Scheme
• conducting inspections
• monitoring the activities of people operating within the private security industry and taking enforcement action where necessary
• setting and approving standards of conduct and training for the private security industry
• making recommendations on ways to improve standards in the private security industry

The SIA does not license security companies and cannot prevent them from operating within the private security industry. We do, however, regulate and license individuals in accordance with licensing criteria which are set out in Get Licensed. We have the power to: revoke a licence holder’s licence where we hold information that indicates they are not a fit and proper person to hold a licence; suspend a licence where we are reasonably satisfied that a threat to public safety could exist if we did not do so, or if it is otherwise in the public interest to do so.

Companies may be approved through the Approved Contractor Scheme (ACS) which is different to SIA licensing in that it is a quality assurance scheme. Participation is voluntary, which means that any company that is part of the scheme has chosen to be in it. Breaches of our ACS conditions may lead to withdrawal of ACS approval in line with the ACS Sanctions Framework.

It is vital that appropriate action is taken against those who no longer meet our criteria or break the law. If we suspect an offence has been committed, prosecution is not our only option; we aim to encourage compliance with the law in the first instance and will do all we can to help people meet their obligations. However, in appropriate cases we have the will and capability to prosecute offenders, and to seek the confiscation of assets that have been obtained as a result of criminal activity. The SIA’s activities are targeted only where they are needed.

2.2 Response to question 2

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.

2.3 Response to question 3

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.

2.4 Response to question 4

Please see the response to question 1 above.

[Reference: FOI 0416]