Rogue ‘private investigators’ can be a serious problem in the UK, as they operate without any proper regulatory discipline and oversight that legitimate professional investigators such as members of the ABI are subject to.
These rogue traders may engage in illegal or unethical activities, such as hacking, stalking, or obtaining information through deception.
Recently, there have been reports of rogue ‘private investigators’ operating in the UK and targeting vulnerable individuals, such as victims of domestic abuse or those with mental health issues.
These rogue ‘private investigators’ may offer to help these individuals gather information or evidence, but in reality, they may be exploiting them for their own gain.
One high-profile case involving rogue ‘private investigators’ in the UK was the News International phone hacking scandal. In that case, the now-defunct News of the World newspaper was found to have hired self-styled private investigators to illegally access voicemail messages of celebrities, politicians, and crime victims. The scandal led to the closure of the newspaper and the conviction of several people, including individuals masquerading under the unprotected term ‘private investigator’.
The case is once again in the news through reports on the high-profile civil litigation against other media groups.
In response to the scandal and other instances of rogue ‘private investigators’, the UK government passed the Private Security Industry Act 2001, which established a licensing regime for investigations in the private sector. Under the Act, if and when implemented, the would be protected term ‘private investigators’ would need to obtain a licence from the Security Industry Authority (SIA) in order to operate legally in the UK.
The SIA also would have the power to revoke licences if an investigator was found to be engaging in illegal or unethical activities. Quite how the SIA would manage to police a sector riddled with opportunistic masters in deception is something that has escaped the legislators. Thankfully, for the industry and the public, the ‘licence to print money’ has not come about. It is the ABI position that only a sector led self-regulatory regime will rid society of the rogue ‘private investigator’ burden.
However, for now rogue ‘private investigators’ continue to operate in the UK.
To combat the problem, in a politically driven show of intent, the UK government has taken a number of other steps.
In 2012, the government established the Leveson Inquiry, which examined the conduct of the press in the wake of the phone hacking scandal. The inquiry recommended a number of reforms, including regulation of the press and the establishment of an independent press regulator. The inquiry also recommended implementing the Private Security Industry Act 2001 as regard investigations in the private sector. This was also put forward by the separate inquiry at the Parliamentary Home Affairs Select Committee in its report also published in 2012.
The then Home Secretary responded with a paper on 31st July 2013 setting out a framework and timeframe for licensing investigations although the initiative, understandably came to nothing.
The government has also established a Joint Fraud Taskforce, which brings together law enforcement agencies, government departments, and industry partners to tackle fraud and financial crime. The taskforce has identified the rogue ‘private investigators’ as a key threat and has taken steps to disrupt their activities.
The reality remains however that currently only the self-regulatory regime robustly enforced by the ABI offers the public any protection from rogue ‘private investigators’.
In addition to the licensing regime and regulatory reforms, there are some steps that individuals can take to protect themselves from rogue ‘private investigators’.
One important step is to do thorough research before hiring an investigative agency. Individuals should check that the agency is a verified member of the ABI.
It is also important to be aware of the signs of rogue ‘private investigators’, such as those who offer to carry out illegal activities or who make unrealistic promises.
Individuals should be wary of investigators who pressure them to sign.
It is important to take these reports seriously, as rogue ‘private investigators’ can cause significant harm to their targets and can undermine public trust in the professional investigation industry.
Overall, while the self-regulatory regime of the ABI has helped to reduce the number of rogue ‘private investigators’ in the UK, there is still more work that needs to be done to ensure that individuals are protected from these unscrupulous operators. By working together, government, law enforcement, and the ABI can help to create a safer and more transparent professional investigation industry in the UK.
