Licensing News

The Association of British Investigators traces its roots to almost 100 years and throughout that period, although proudly and effectively self-regulating its aligned participants, its vociferous members have aspired towards recognition by state regulation. Finally, licensing investigation in the private sector is here following the Regulatory Impact Assessment published by The Home Office in September 2008. The Private Security Industry Act 2001 is to be implemented regulating Private Investigators.

It has been the best part of a decade and following an all stakeholders consultation process; Partial Regulatory Impact Assessment (PRIA), the government has come up with the formula for regulating investigation in the private sector. Competency tested licence for the identifiable fit & proper.

Next is the process of working out the competency criteria, which is likely to focus on the 5 key areas:

• conduct investigations
• conduct interviews
• search for information and preserve evidence
• conduct surveillance
• understand, and work to, relevant Laws and Standards.

There will be a few qualification-based exemptions but for most Operatives or Trainees it should be easily achievable in the estimated 60 hours training. Those few expecting to walk straight in and take the test without preparation may be in for a shock.

Regulation will be a good thing in the long term. It will eventually put the Sector on the road to become a profession and capture all Operatives undertaking licensable activities, regardless of job title.

The real test will of course be making regulation work. This will be down to enforcement and the co-operation of the Sector. The regulatory body, The Security Industry Authority, will no doubt get the licence requirement message across to the parties that have interaction with professional investigation, the clients, in particular the legal, insurance, banking/finance sectors.

Members of The Association lead the market with a disciplined affiliation to a professional self-regulating organisation, which ensures that new members are compliant with mandatory registration, for example, Consumer Credit Licence and Data Protection Notification, where necessary and hold suitable Professional Indemnity Insurance.

With the enforcement of Licensing expected in 2011, the Sector will see an end to the culture of some clients instructing agencies without due diligence as to compliance; a procedure secured by ensuring the Agency is aligned to The Association of British Investigators.