Choosing the Right Investigator.

In the aftermath of the Leveson Enquiry, on 31 July 2013, the Home Secretary announced the Government's intention to regulate private investigation activities due to commence in 2014.

The current arrangements, under which the system is not regulated, allows anyone to work as a private investigator, regardless of their skills, experience or criminal convictions. The Home Office is introducing new regulation intended to put a stop to this and help ensure the public is protected against unscrupulous activity.

The timescale for the introduction of licensing has been put back. On 30 June 2014, Home Office Minister Lord Taylor, set out the Home Office position on the regulation of private investigations. In answer to questions asked in the House of Lords, Lord Taylor said that the Government expects the regulations to license the activity of private investigations to come into force in 2015.

Bill Butler (Chief Executive of the Security Industry Authority) at the Association of British Investigators Seminar at Gaydon, Warwickshire, in September 2013, spoke about the, “Competency”, requirement for S.I.A Private Investigator Licences and reiterated that: “The expectation is that the current IQ and Pearson qualifications will be recognised within the regulatory requirements"

In addition to the licensing of individual investigators, a British Standard has been developed to help providers of investigative services demonstrate their accountability at a time when the Government is implementing the licensing of such services.

BS 102000 - 2013 Code of Practice for the Provision of Investigative Services provides recommendations for the conduct, management, staffing and operational accountability for the provision of Investigative Services.

This code of practice may also be used by those who wish to purchase investigative services.

The standard provides guidance on:

• Conducting investigations • Searching for information and preserving evidence • Surveillance techniques • Understanding and working to relevant laws and standards • Management of information • Analysis and review

The standard recognises that some of its recommendations might be beyond the means of smaller service providers such as sole traders but affiliation to a professional body or engaging the services of other organisations ought to permit such providers to comply with the recommendations.

The Association of British Investigators is the Professional Body which represents many Professional Private Investigators who operate in the UK and other parts of the

world. Membership to the Association of British Investigators is subject to rigorous vetting and screening. Members must prove their identity; have a Clear Criminal Conviction Certificate (CRB Basic Disclosure or Basic Disclosure Scotland Certificate). Applicants must have experience as an investigator and also prove competence by way of examination to become a member. There is a requirement for the necessary Professional Indemnity Insurance, Public Liability Insurance and Employers Liability Insurance. In addition to financial probity the Association has a Code of Ethics and Professional Standards to which each member must observe. There are ten principles of the Code of Conduct and the Association of British Investigators has in place a tried and tested Disciplinary Procedure in place which overseen by a member of the Governing Council.

When instructing a Professional Investigator you should make sure you happy with the people you will be working with. You can ask for a meeting with the investigator and gauge for yourself the person you are trusting with your investigation. There are many sole traders and small business operating as Private Investigators. Many of these are good, reliable, honest and experienced. However you must be satisfied they are capable of carrying out the investigation. Some smaller operations may claim that they have the resources, but in reality the business owner may be experienced but using family, friends and other less skilled people to assist in the investigation.

Many companies claim that they have Agents or Investigators that cover the whole of the UK. In reality they will be sub-contracting the work out to other smaller operations on an agent to agent basis. This could suit your needs, it may well be the case that the task is a simple one and this type of agent brokering service will suit your needs. But consider using the local Professional Investigator or Enquiry Agent.

You have to be wary of just using an Internet Search Engine and searching for the term – Private Investigator followed by Town or Postcode. Like many other industries Private Investigators have become adept at Search Engine Optimisation and link their services to certain or all Towns and Post Codes. What follows is that the initial agent you instruct takes the instruction with a good profit margin. This investigator then allocates this assignment to a sub-contractor.

At face value you may not feel that there isn’t anything wrong with this. However, what often follows is that the work is not necessarily allocated to the most suitable local Private Investigator or Enquiry Agent. The assignment is often “posted” on “open investigator forums” and what ensues is a “bidding war”! Quite often the instruction is passed to the cheapest quote and not to the Best Suited Investigator. It is well known that some Investigation Companies are nothing more than brokers who push the work out to the cheapest bidder. This system of operating is sometimes referred to as “Forum Foraging”. There is absolutely no control of the quality of the agent the work is allocated to and therefore the Risk of something going wrong increases.

There are many ways of selecting the Professional Investigator who is local to where the assignments wants doing, therefore helping eliminate “Forum Foraging” and maintaining control of the Quality and Experience of the Investigator tasked with the assignment. This effectively means the Local Investigator will get 100% of the fee

quoted to do the job instead of 30% of the fee, which is often the case. When Investigators are seeking to allocate Assignments on Open Forums, they are often expecting a Fixed Fee for the Assignment from the sub-contractor and are expecting to keep 60% to 70% of the fee for themselves.

You do not need much imagination to see that this type of operation leaves itself open to all kinds of cost cutting and short cuts to maximise the profit for Contractor and Sub-Contractor.

Likewise many people who require the services of a Professional Investigator always ask “Do you do No Find No fee” or “No Result No Fee”! There is absolutely no sense in a Professional Investigator taking instructions on this basis. Any fool can work for nothing. The Professional Investigator relies on Experience, Knowledge, Craft and Guile to get results but the only tangible commodity is “TIME” so why would any investigator want to work for nothing. This should alert you to ask the following question “Why would a Professional Investigator Offer No Result No Fee”? The answer is quite simple. They are probably NOT Professional Investigators. They are probably chancers looking to earn “a quick buck” for minimal work. If the result requires minimum effort then there is a chance of a result. But if determination, the ability to probe and to delve deeper and use a combination of skills and resources is required, then you are likely not to get the result - Although you would not pay on this basis. However, a negative result may not be what you are looking for.

The sensible approach is to establish what the going rate is for the service you are looking for and to set a budget for the task. Allowing the investigator that little bit more time and resource will incentivise him to get you the result.

Instructing a Professional Investigator or Enquiry Agent may be a once in a lifetime experience. If it is then ask for recommendations. A solicitor will often instruct Enquiry Agents, Process Servers, Trace Agents of Private Investigators on a regular basis. The solicitor may be able to make a recommendation based on previous positive experiences.

Alternatively ask the Investigator to give references.

When licensing comes into force it will be illegal to instruct an unlicensed investigator. Until then, probably the best place to start is with a member of The Association of British Investigators. If you are thinking of giving the Investigator Regular Work then perhaps look to find an investigator who has been Awarded BS102000 for the Provision of Investigative Services.

Remember, Risk Aversion is Probably the Best Way to think - The Better the Investigator, the less Risk You Will Face!

Author:

Daryl Witton 0845 230 3012 www.enquiryagent.co.uk