A number of concerns & questions have arisen about constabularies approach to the disclosure of police reports/information.
Since 2022 it is apparent constabularies have been concerned about the use of Third Party (TP) SAR requests, in particular those made by insurers or their representatives on behalf of insured claimants, victims of crime. In some instances police disclosure units, rather than looking for ways to assist these victims, have taken an aggressive stance to disclose – alleged or inferred the commission of a criminal offence; ‘Enforced Subject Access’, contrary to section 184 of the Data Protection Act. More about this conduct can be read here
The requested reports generally fall to two types:
- Crime – about a vehicle theft or damage to a vehicle
- Collisions – following road traffic ‘accidents‘
Both have been the subject of attention over the past few years
Police Scotland information/charges can be read here.
Crime Reports
Since 2002, the process for requesting and receiving a crime report has operated under a Memorandum of Understanding (MoU), an agreement between insurers and the police. While this agreement aimed to streamline the process, the existence of multiple constabularies has led to variations in how the process is applied. Over time, it seems the document and process have evolved with limited updates or meaningful guidance, and the inclusion of a fee for obtaining a report may have led to concerns about the focus shifting from public assistance to revenue generation.
In cases where fraud is suspected, there have been observations that some involved in processing these requests may not have a full understanding of the relevant context.
Though not without its flaws, the 2002 version of the MoU was considered relatively functional. However, subsequent revisions have introduced complexities that contribute to delays. The most recent version, released in 2022, introduced additional challenges.
Another point to consider is that the process currently applies only to victims insured by members of the Association of British Insurers (ABI). This has raised questions about inclusivity. For example, Staffordshire Police will assist those who insure with an ABI member but not others. Read more here about selective disclosures.
There is however a concern that any criticism of the process could result in the police withdrawing the service altogether, rather than addressing ways to make it more accessible.
We have written on the subject of disclosing crime reports believing this is not as complicated as some believe. Indeed, a non-MoU process has bene established with a constabulary that substantially reduces the admin’ and their resource allocation.
It is important to note that the MoU is not the sole means by which crime reports can be obtained.
More about Police Crime Reports can be found here.
Collison Reports
With regard to collisions, for many, many years, acquiring police reports posed no problems for insurers or their representatives. However, a significant change occurred as a result of a 2021/2022 incident that caused some constabularies to simply ‘shut up shop’; they stopped disclosing information.
In the main, it appears the non-disclosure behaviour has now stopped, the issue overcome, but many police ‘services’ remain slow to provide reports:
- Staffordshire has citing ‘unforeseen’ staffing issues (since 07/2023) for not releasing FoI responses and crime reports from 07/2023 to 09/2024! Read more here.
- West Mercia was not issuing reports but it appears the situation has been reviewed and there are circumstances in which they can be released – read more here
The 2022 incident is detailed within these pages – obtaining the information in an attempt to understand the issue(s) was not easy, with a constabulary being particularly obstructive.
More about Police Collision Reports can be found here.
09/2024