Options for Information sharing with the Police

A patient may report a sexual assault at any time to the police regardless of when the assault took place although forensic evidence is best collected as soon as possible.

If the patient does not want to report the assault sensitively ask why – you may be able to give them the support they need to report the crime.

If an individual discloses sexual violence, the options available to them on information sharing with other organisations, including police should be discussed.  Once the health care professional has excluded any immediate or ongoing adult or child protection concerns, the patient's decision should be respected. The options are:

1. Police Engagement
2. Third Party Reporting
3. Intelligence Reporting
4. No information Sharing (see section 5 of BASHH National guideline for the management of individuals disclosing sexual violence in sexual health services (2022)

In the sexual health setting at Sandyford the first three options may require liaison with Archway. Elsewhere discuss with senior colleagues.

1. Police engagement

An individual may report to police directly to initiate a full investigation. There is no time limit between the incident and the opportunity to report sexual crime to the police. However, physical evidence, closed circuit television (CCTV) availability and witness accounts may lessen with the passage of time. It is recognised that victims of sexual crime are often unwilling to reveal or talk about their experiences for some time.  The Crown Prosecution Service (CPS) or Crown Office and Procurator Fiscal Service (COPFS) (in Scotland) will decide on the appropriateness of progressing investigations in the public interest whatever the time frame between the incident and the crime being reported.

2. Third party reporting

Third party reporting involves an agency / organisation reporting an incident on behalf of the patient with the knowledge that there will be a policing response and an investigation initiated. The reporting agency can be the conduit for police contact with the victim of the crime with the knowledge that police will require to speak to the patient.

3. Information Sharing - Intelligence only reporting

This option is available if a patient is NOT wishing to formally report the crime although wishes to share intelligence with the police.

Intelligence sharing must be carefully considered by the health care professional to ensure that the information provided does not inadvertently allow identification of the patient. It is of equal importance to take care to avoid information sharing that would essentially be deemed as a report of a crime resulting in a police requirement to investigate and make contact with the patient.

The patient’s expectations of this process should be explored.

Health professionals may provide information to the police using this method without including the patient's details. This can include perpetrator details. The information sharing is with the explicit consent of the individual and only for intelligence purposes. Local police guidance for partner intelligence sharing should be followed to ensure only appropriate information is disclosed. There will be no police contact or investigation based on an ‘intelligence only’ report. The process allows police to focus on a background check of any named suspects rather than the incident itself. No approach will be made to suspects without a formal report to police and no investigation can be initiated.

The value of this process for police is when several reports note the same perpetrator. Police would always support patients who later opt to involve police.

Early disclosure to police will lessen the risk of loss of potential evidence.

Ask if the patient wishes to;

• share the details of the perpetrator

and secondly if they wish to

• share the circumstances of the incident.

To retain anonymity be mindful and considerate about including details of dates and times that may inadvertently identify the patient.

See example of a Example of a Partner Intelligence Sharing Form . Follow local protocols as to who will upload / share with the police on your behalf.  

4. Information sharing declined

The individual may decline any option of information sharing. Provided there are no immediate or ongoing adult or child protection concerns, this should be respected. It is not a requirement to inform the police of all reports of sexual violence.

If there are concerns by the professional of wider risk to the public from the patient’s disclosure of perceived risk of reprisals by the perpetrator – discuss with senior staff member regarding onward sharing in the public interest and document the outcome of the discussion. Onward information sharing is preferably with the patient’s consent however information may sometimes be required to be shared in the absence of consent.

Domestic Violence and Abuse Disclosure Schemes
Domestic Violence and Abuse Disclosure Schemes (also known as Clare’s Law) are available in all England and Wales, Scotland and N Ireland and let a person (over the age of 16 years) make enquiries to police where they are concerned that their partner or the partner of someone they know (such as a friend or relative) has a history of abusive behaviour. Informing patients of this option may be of value in enabling individuals to make informed choices about information sharing that supports them staying safe. 

See  Flow Chart Explaining Options for Information Sharing with the Police  . This taken from BASHH National guideline for the management of individuals disclosing sexual violence in sexual health services (2022)