Graham Dooley, pictured, came to France 21 years ago after early retirement from Cheshire Police. He writes about becoming a French detective.
Like most ex-pats I chose France because I was disillusioned with life in the UK having been retired from a job I loved and which I am sure I could have continued in one of many post. Unfortunately in those days ‘unfit for duty’ meant what it said and even with minor injuries our force doctor would not hesitate to move you on. I spent the first few years renting property abut still had a yearn to activate the ‘grey matter’ which was becoming inactive during the winter months. I made enquiries about holding a French detective licence and this is what I discovered !
The UK passed the Private Security Act in May 2001 but they are still awaiting the new licence for PIs, however France has had licensed detectives since 1825 when they were established as the first “Offices of Private Police Force” by the Prefect of Police in Paris.
Since the amendment of the French law number 83-629 of July 1983 regulating the activities of private security, the profession of private investigator is a regulated profession and where access is required you had to obtain approval and in addition justify with a professional qualification. (Note, in France you cannot be involved in both Security or Investigations – it is one or the other).
I was accepted on my experience and business qualification although I did not have a degree which was the acceptable norm. Application was made through the local prefecture . Ex-police officers were not accepted if they were within 12 months of leaving the police. Criminal record checks were made and proof of residence. Applications outside the EEC were not accepted.
(The prefecture is an administration that belongs to the Ministry of the Interior, and is therefore in charge of the delivery of identity cards, driving licenses, passports, residency and work permits for foreigners, vehicle registration, registration of associations (creation, status modification, dissolution), and of the management of the police and firefighters.)
To date three types of degrees/diplomas are accepted by the French state.
Changes in situation
When you change your office, main residence and so on you have to inform the prefecture and the whole process of application is started again. This also applies when you open an office or move to a new area. You can have a limited company but the Managing Director must hold a license.
Over the next ten years I changed address and office several times and each time had to obtain a new license. I also was a director of an Estate Agence from 2001 to 2005. In 2005 a new ruling was introduced which stated that if you surrendered your licence for five years that is, did not practise the profession of private investigator, then you would have to re-qualify and obtain the equivalent of a degree through three of the major universities-institutes one of which was IFAR.
In 2007 I changed address again and obtained a new license from the prefecture. I opened a new office in 2010 and was told by the prefecture that they would refuse the license on the grounds that someone had complained (I believe another French PI although I have no documentary evidence to prove this) that I was not eligible to hold a License due to the fact I ran an Estate Agency for five years.
I proved to the prefecture that I had a license during this time and that I was also the director of a UK investigation company. I also demonstrated that I was responsible for the internet security and had completed successful investigations and prosecution within the agency where ‘rogue’ negotiators were basically breaking confidentiality agreements. Being very French they continually bombarded me with threats to close my small investigation business and take away my license and totally ignored my pleading. I closed the new office in 2011 and decided to work from home. They did in fact issue me with a new license.
One of the reasons for closing the office is that the police and data protection have unlimited powers to enter your commercial office and seize all your documents. Even though I had nothing to hide in view of the threats from the prefecture I moved to my home where their powers of entry were by a court order only. I recall in 2000 I received an on the spot visit from the French Internal Affairs and was questioned as to my relations with the CIA, MI5 etc. They just would not believe that I ran a small investigation business and had no connections with any foreign departments.
Also in 2010 came the introduction of CNAPS (Conseil National des Activités Privées de Sécurité), the National Council of the activities of private security
(NCPI): user manual.
The origin of CNAPS
The report on the control of private security companies, submitted to the Minister
of the Interior in June 2010 by the Inspectorate General for Administration, Inspection General of the National Police and the General Inspectorate of the Gendarmerie Nationale, recommended two key measures: firstly the creation of a post of Deputy Interministerial private security, the other for the creation of a National Council of activities of private security (CNAP) to moralise and professionalise the industry, whilst involving professionals to its regulation.
Not only myself but other French PIs were now in the position of proving their qualifications to degree or diploma standards so I had to obtain the relevant degree or surrender myself to a retirement of G&Ts by the pool. Not only that a certain stigma was attached to someone who is refused a licence and it either meant I retire back to the UK and work from there (where no license is required) or apply for the diploma by validating my experience.
Ironically I had a student from the IFAR, Institut de Formation des Agents de Recherches Privés (Détectives & Enquêteurs privés), on three months’ secondment from March 2011. A student has to pay around 7000 euros to obtain the qualification. He was doing a two year degree course and was on a three month work experience with me. IFAR did not seem to mind about my license problem and my union CNSP-ARP was not concerned either. I decided to apply by dissertation for the diploma which is an exception providing the jury validate your professional experience. It is called the VAE.
VAE or accreditation of prior experience is a system set up by the government which allows to enhance the experience by transforming it into degree or diploma approved and registered in NCPR. For this, you must have a professional experience of at least three years in a related occupation or schedule private research: This experience must be related to the title question.
The VAE is divided into four sections and two of the sections are about what can only be described as the French PI’s ‘Bible’ – Code of Deontology (ethics) If you have a few weeks to spare and care to read it it can be found on http://www.cnsp.org/fr/detectives/code_deontologie_detectives.htm
Deontology is science of rights and moral obligation prescribe to private enquiry agents – PEA (ARP) – also called investigators of private law – by their job duties and has to be translated by an exemplary behaviour even outside the profession in order to protect honour and probity values which govern their institution.
My student carried a very large transcript around with him. It was the code!
I basically ‘flunked’ two out of four parts on the ‘Deontology’ code and had to re-submit my dissertation. Finally in August 2012 I received a letter stating that the jury had now given me “ total validation “ and I would receive the ‘Diplome’ at Montpelier, France.
Has it changed my life? We will have to wait and see. I do however feel immensely proud that I can hold my head up high in the professional world of French investigations. In addition :
– I now have a “Bureau de Liaison “ in the UK which is situated 100 metres from the Ferry port to France.
– I commute once a month for minimal cost and time. No trafic jams on a ferry !
– I attend meetings in London on a regular bais being only 1 hour 20 min away by train.
– I have returned to my ‘roots’ in that I now have duel residency in France & UK. I have access to inexpensive flights from many international airports within one hour.
– My paralegal status has been upgraded to a qualified member and a Fellow on the Institute of Paralagals.
– I am now the Secretary for www.epic-uk.com of which my base in the UK has helped considerably.
– I may have the opportunity of lecturing in a UK University.
– I have made many new contacts and friends.
“Life is a learning curve” and when I see my fellow PIs in the UK permanently whingeing about the fact they might have to be licensed it makes my hair curl – not as I have much. They should try being a PI in France! Licensing will never weed out the rogue detectives and believe me there are many of them operating in France under various guises. Strangely enough I do not think there has been a prosecution of a ‘foreigner’ in France operating without a license but listening to the “chinese whispers” it will not be to long before there is one. I was informed only last year that a group of UK PIs operating in France had broken the surveillance laws and litigation had commenced. I am very pleased that the ABI (Association of British Investigators) are continuing to press for licensing or regulation.
I never wanted a large security or investigation company – I am perfectly happy running a small consultancy and will continue to do so on both sides of the channel.
And one last message to the ‘stool pigeon’ who gave the whole process a kick start: c’est la vie!
