ACPO Policing Guide - Asylum Seekers and Refugees

This Statement of Agreed Policy is an ACPO Policy adopted by South Yorkshire Police during 2000, but not issued as a Corporate Statement of Agreed Policy at that time. The text of the ACPO Policy can be found on the SYP Intranet. A hard copy version has also been distributed to all district minorities officers.

Policy Scope:

The policy affects all staff and is based on the following principles

  • Asylum seekers are entitled to the same protection to live free from crime, harassment and intimidation as any other member of our society.
  • The Police Service shares responsibility for the safety of asylum seekers with other statutory agencies and the community. Success will be dependent upon effective partnerships.
  • Asylum seekers who offend will be treated in the same manner as any other offender who challenges the rule of law.

Policy Aims and Objectives:

In partnership with other agencies help to successfully integrate asylum seekers into their communities during the determination of their claim and avert any community tensions.

Associated Procedural Instructions:

The policy is supported by the following procedural instructions:

D50597 Foreign Nationals, Commonwealth Citizens and European Community Citizens

D51346 Identity Documents - Counterfeit/Forged

D51024 Procedures for Joint Working with Arrived Asylum Seekers and Foreign Nationals - A Users Guide

D50930 Special Branch Ports Unit and Robin Hood Airport Doncaster Sheffield

See also:

The Authorised Professional Practice (APP) section entitled Information Management, such as D51512 Information Management and Compliance.

Human Rights/Discretion:

The purpose of providing policy is to give an indication to staff of the expected course of action. However it is not possible to cater for every possible combination of factors that would justify a departure from stated policy. The Human Rights Act 1998 requires the proper use of discretion at all times and nothing within this policy and associated procedural instructions prohibits the proper use of discretion in appropriate circumstances.

Where action is taken that has the potential to interfere with an individual’s Human Rights, the reasons behind the making of the decision to act in that way should be recorded on the appropriate forms, or where this is not practicable, in pocket books or policy logs.

Audit Arrangements:

This policy together with its Equality Analysis will be reviewed every two years working in partnership with other agencies, to ensure that the policy and its instructions are being implemented.

Rights of redress for members of the public:

Anyone who feels that a member of SYP staff has behaved incorrectly or unfairly has the right to make a complaint. Initial action should be taken in one of the following ways:

  • Complaint in writing or in person to the Senior Officer at the appropriate police station or in writing to the Chief Constable of the force concerned.
  • Visit a local Citizens’ Advice Bureau.
  • Contact a solicitor.

Rights of redress for South Yorkshire Police staff:

South Yorkshire Police staff who feel they have grounds for concern in relation to the implementation of policies may:

  • Pursue concerns through their line manager.
  • Contact their First Contact Advisor.
  • Pursue a grievance formally through the South Yorkshire Police Fairness at Work Procedure.
  • Seek advice from their staff association or trades union.
  • Use procedural instruction D50241 Management of Complaints, in the section entitled Handling Complaints relating to Direction and Control. 

Equality Act 2010

The Act creates a statutory requirement for all Functions and Policies (Including Procedural Instructions) to be analysed for their effect on equality, diversity and human rights, with due regard to the General Duty.

In principle, this document has been assessed for discrimination, which cannot be justified, among other diverse groups.





Tuesday, 24 March, 2015 - 00:00