Whilst there are strong indications that statutory regulation will be implemented for investigations, as yet there has not been the long awaited ministerial sign off. The same applies as regard business licensing for all security industry sectors, which has been postponed from the October 2014 roll-out date, writes Association of British Investigators (ABI) president Tony Imossi, pictured.
The British Standards Institution has published the code of practice for the provision of investigative services BS102000/2013. It is an achievable accolade for all professionally minded investigative agencies of any size, even the lone operative. I am expecting business licensing, if implemented for investigations, to adopt the standard as the certification criteria. I would welcome such a
development and not just because I sat on the industry led panel that wrote the standard or that my own business has been certified to meet the standard but because, in my view, it is absolutely essential for investigation licensing to succeed. Without the standard any one with the right to work who passes the criminality test and is prepared to be trained to the level required to pass the competency test will be qualified to practice the defined licensable activities.
I will explain briefly the two main reasons for taking this pro business licensing view. First, such are the exemptions and modern day methodologies that very few practitioners will be prevented continuing their existing activities if they fail or chose not to obtain a licence. One would expect every legitimate professional not to attempt to by-pass what will be perceived by the compliant market place as a regulatory requirement. However, this may not be so for the dark side of the sector targeting a less compliant-conscious and
often desperate and vulnerable consumer market. As ‘Private Investigation’ is not to be a protected term, those I refer to, may be able to continue marketing their services with impunity. I have no doubt that the Security Industry Authority will attempt enforcement but it will do so at the risk of failure and the consequential dilution of its intended longer-term impact on the wider sector and public confidence.
Secondly, the term ‘license to print money’ comes to mind as one of the products of individual licensing without protecting the consumer. The Association of British Investigators, which has long enforced its own self-regulatory regime at a very high standard, has always been the organisation consumers turn to when they have cause to complain about a rogue trader even though the unscrupulous opportunists masquerading as private investigators have no affiliation to the association. In recent times, with the prospect of regulation gaining greater media coverage, the volume of complaints has intensified. There is of course nothing the association can do
to sanction these rogues; however, it has for the sake of protecting itself against infiltration, closely examined the characters behind the rogue agencies and often alias identities behind the attractive and convincing websites. The association found that in all likelihood those individuals it has looked at will, if so desirous, achieve the planned individual’s license to investigate even with a catalogue of monetary judgments, bankruptcies and failed companies. The victimised consumers who are left ripped-off will thus no
doubt turn to the SIA, which they will find also has no mandate to sanction or exercise any control over such immoral practices deemed as civil disputes.
It will not take long for the public to feel let down by a regulation that
although will have an element of success in safeguarding against intrusive and illegal activities, fails to deliver any protection against questionable if not outright unlawful (civil) practices. Whilst individual licensing must be introduced ahead of business licensing, the latter form of regulatory control, unavoidable for any agency to offer its
investigative services for reward, if and when implemented, will, in my view, provide the only means to bring about the intended and perceived desired effect of licensing investigations.
Visit also a November article on the ABI website: http://www.theabi.org.uk/images/UK_PI_Licensing_as_at_2014-02-09_v2.pdf
