Police response to stalking

Date asked:
Board Member:Les Allamby
Question type:Written

Question

The recent report for England and wales by the IOPC, HMICFRS and College of Policing ‘The Police response to stalking - Report on the super complaint by the Suzy Lamplugh Trust on behalf of the National Stalking Consortium’ found clear evidence that the concerns raised were founded and legitimate and that while police understanding of stalking was improving, nonetheless, cases are not being taken seriously enough and the quality of investigations are inconsistent.

A number of the recommendations are relevant for PSNI. Could the Chief Constable set out its specific approach to taking on board the conclusions and recommendations which are considered relevant to the organisation?

Moreover, in England and Wales the approach to telling victims of anonymous cyber stalking who the perpetrator is once discovered by police forces in England and Wales was not consistent. Could the Chief Constable also set out what is the policy and approach taken to this issue in Northern Ireland and provide any relevant documents available to officers?

Answer

The Protection from Stalking Act (NI) 2022 was first introduced to Northern Ireland in April 2022, and has been used successfully to arrest, investigate and charge a significant number of perpetrators causing harm across the country. The legislation itself created two distinct offences

- Stalking (a course of conduct offence)
- Threatening and abusive behaviour (an offence that can be used for an isolated or non course of conduct offences)

This was just two months after the introduction of the Domestic Abuse Offence (within the Domestic Abuse & Civil Proceedings Act (NI) 2021) another course of conduct offence that looked at the psychological harm and emotional abuse within a domestic setting.

Therefore meaning that police have a number of options when presented with psychological / emotional abuse and course of conduct type behaviours

- Malicious communications
- Harassment
- Stalking
- Threatening & abusive behaviour (TAB)
- Domestic abuse offence (incorporating coercive controlling behaviour)

This has the potential to create a level of complexity in the decision making as to which would be the most appropriate offence to select for the investigation and / or disposal and can at times mean that multiple offences are selected as a “catch all”. However due to the domestic abuse offence and stalking (including TAB) being introduced at the same time discussions were had between PSNI, DOJ and PPS in respect of the legislative intention and how this would present in practice. This allowed a bench mark for consideration in respect of domestic abuse cases for example – where there was abuse of this nature in advance of the relationship breaking down, the domestic abuse offence would have been appropriate, if the behaviours commenced post relationship breakdown (and warranted the listed behaviours under stalking) then this offence would be the preferred option. However extensive training was delivered on both new pieces of legislation including online training packages, webinar sessions, district training sessions, FAQs, process maps and a series of case studies to use as a point of reference.

PSNI are continuing to review the recommendations suggested within the super complaint findings report and work closely with partners including the National Working groups and Stalking Consortium to ensure that we implement best practice across NI. This does mean that PSNI will be engaged with the National picture (and thereby the recommendations for CoP and Home Office). In respect of the recommendations specifically to Chief Constables please note the following ongoing actions / progress

Recommendation 7
By 27 March 2025, where required, seek changes to their crime recording systems to enable staff and officers to document and search for crimes not recorded as the principal crime, as included classifications on crime records.

Processes should be put in place to make sure this system capability is effectively used by officers and staff.

While any necessary system changes are pending, chief constables should put alternative measures in place to make sure stalking and related offences are fully searchable. This could, for example, be the submission of intelligence reports.

There are already a number of options in respect of flags for stalking / harassment / domestic abuse offence – either completed offences or known to be involved in / at risk that are available for officers and staff who are accessing cases for potential stalking investigations.

PSNI are currently working on a “domestic abuse history” report which will capture all incidents and crimes at all party level when this is available – this will allow a full picture of all the parties available and will be able to highlight whether there are a number of people (in a domestic setting) at risk from one perpetrator. This is ongoing currently between Public Protection Branch and ICS to deliver an effective solution.

Recommendation 10
By 27 March 2025, review and update their learning and training provision relating to stalking so it:

- Meets the learning outcomes on stalking within the public protection national policing curriculum.

- Makes appropriate use of the stalking or harassment e-learning product developed by the College of Policing.

- Uses the skills and knowledge of local victim advocates or others from outside policing with relevant expertise.

- Includes information on relevant local policies and practice where necessary.

- Is provided to the officers and staff who will most benefit from the learning.

Chief constables should also make sure that their policies and practice are reviewed and updated in accordance with the findings in the super-complaint investigation report.

In preparation for, and since the introduction of the Stalking legislation a series of training products have been developed which are bespoke to the NI legislative framework whilst considering best practice and learning from across the UK. This includes

- An initial online training package focusing on the two new offences

- A micro lesson developed when Stalking Protection Orders were introduced which lead officers and staff through the considerations for a SPO and how to practically complete the required documentation to support the same

- Frequently asked questions documents to highlight the issues that may arise and how to manage such investigation

- Joint Quality Assurance reviews with PPS with the learning shared across the service

- Annual training commitment as per the legislative provisions – including in person training via district trainers and PPB officers in Years 2 and in preparation for Year 3

- Case studies available online for officers / staff to review and assess against their circumstances when investigating

- Support from legal services (including independent counsel) for Stalking Protection Order applications

- Process maps outlining the various considerations at each stage of the investigation

- A toolkit available for internal and external use

- Dip samples to consider the application and use of the three key new legislative offences introduced in the last mandate (Domestic abuse offence, stalking and non fatal strangulation)

Due to the requirement for annual training, as set out in the legislation, PSNI remain committed to ensuring that we review the findings of the previous 12 months, look at the areas for improvement or additional support and the areas of best practice and build this into the training requirements for the following year. Training across PSNI has been delivered in a variety of mechanisms taking into consideration how people take in information, the requirement to deliver across large numbers of people and to ensure full engagement in the package. All training packages are designed by those involved in the legislative provisions development, those supporting victims and those experts who are prosecuting the offences of stalking in NI.

Recommendation 11
By 27 March 2025, make sure that appropriate mechanisms are in place to fully understand the scale and types of stalking behaviour within their force and the effectiveness of their response. This should align with the VAWG national delivery framework. Mechanisms should include:

- Problem profiles using police data and intelligence and other sources of information to ensure that the full extent of stalking is well understood. This could include information sharing with local victims services and other public services and national and local statistics.

- Regular assurance work such as audits to better understand the force response and make improvements where appropriate, including monitoring the use of SPOs, investigation outcomes and the quality of investigations.

- Ways to regularly receive feedback from victims, such as victim surveys.

- Force management statements which reflect current and future demand from stalking.

PSNI and PPS have an agreed formal review structure for joint quality assurance of investigations into stalking and threatening and abusive behaviour, both in a domestic and non domestic setting. At the end of the quality assurance process a report is provided to understand the learning points and areas for development which is then shared across the organisation.

As there is ongoing development work with DOJ and other criminal justice partners for the introduction of domestic abuse protection orders and notices PSNI are acutely aware of the potential increase in demand that may be faced in the coming 12 month period. As the Policy owners for Stalking (although not all investigations) Public Protection Branch have conducted a Branch management statement that outline the additional demand across a number of discipline areas including the impact of stalking offences / stalking protection orders.

PSNI have also been working on a new stalking campaign which will go live during National Stalking Awareness week (which is noted as after the recommended timescale of 27th March) which will highlight the potential behaviours of a “stalker” and how this can at times be minimised not just by those involved but by society and societal norms. This is based on the comms strategy implemented by Gloucestershire police.

PPB has an Independent Advisory Group, to advise on all these matters.
Whilst there is no specific stalking victims survey PSNI will review this alongside the requirement for a domestic abuse / sexual crimes victim survey given that the majority, but not all, victims are within a domestic setting it would be important to capture this alongside the impact and mechanism of stalking where this is not in a domestic setting.

Recommendation 12
By 27 March 2025, take steps to make sure that risk identification, assessment and management is effective in all stalking and breaches of orders cases, including by:

- Considering implementing the stalking screening tool to support the identification of stalking and the risks associated with stalking.

- Having clear policies and procedures in place for assessing and managing risk in all cases. And where appropriate, embedding recognised risk assessment tools in force systems so that it is easy for officers to access, use and document their consideration of risk and safeguarding.

- Recognising (in policies, guidance and training) the heightened risk associated with breaches of protective orders and measures.

- Implementing screening and checking processes to support the early identification, assessment and management of high-risk cases. This may require stalking and breach of order cases to be considered at daily management meetings.


PSNI currently use the Public Protection Notice as a mechanism for consistent Risk Assessment for all domestic abuse offences.

The questions are also sought in respect of the non domestic stalking abuse cases.

In respect of the organisational response to stalking matters the following structures are in place

- Public Protection Branch will investigate those cases that are deemed high risk and domestic cases of stalking

- CID will investigate those cases that are deemed high risk but not domestic

- LPC will investigate all other stalking matters

Public Protection Branch remain the policy owners for stalking, and the associated training and legislative commitments and therefore will remain available for advice where required including where the investigating officer is drafting a Stalking protection Order application. All Stalking Protection Order applications are reviewed by Legal Services and Public Protection Branch.

Public Protection Branch are currently in the process of re-shaping the domestic abuse performance meeting which brings together district representatives – when this is relaunched in February this will also focus on stalking cases and best practice implementation from the National working groups for domestic and non domestic stalking investigations. This will include dip samples and QA jointly with PPS and independently just focusing on the police response.

Recommendation 13
By 27 March 2025, take steps to make sure that force strategies, structures and processes are in place so that police consider an SPO in every stalking case, and apply for an SPO where relevant and appropriate to prevent harm and further offending.

To achieve this, chief constables should review, and revise where necessary:

- Local training and guidance on SPOs, including training and guidance for supervisors.

- Mechanisms for supporting investigating officers to identify cases where SPOs would be appropriate and assisting them with SPO applications. This could be through dedicated teams or roles and/or through daily management meetings considering risk and safeguarding.

It is recognised that the stalking protection orders achieved, sought and applied for remains low within PSNI, as it does across the UK. PSNI are continuing to work with DOJ and other Criminal Justice partners over the coming months to understand the roadmap for the introduction of domestic abuse protection notices and orders. It will be a requirement to ensure that the variety of orders / notices are considered when offences of this nature are investigated.

It should be recognised that there is a demand generated from the introduction of domestic abuse protection notices and orders and we are working to identify the best mechanism to manage this additional demand in the absence of additional funding. If a team is developed to support this functionality then it would be prudent that they would consider all civil remedies of this nature – domestic abuse protection notices / orders and stalking protection orders. However this has not been proposed / agreed at this time.

PSNI has the availability of independent legal counsel to ensure that where applications were being considered / sought that this would be supported with legal advice to ensure the best possible outcome for victims and to ensure that the learning from this process could be successfully embedded.

By the end of March 2025 PPB will have reviewed the learning from the previous 12 months and developed the training for implementation throughout 2025 via district trainers this will include

- What has worked well in court
- Evidence of new potential mechanisms of stalking victims
- Areas for development following court outcomes
- Victim engagement and advocacy support
- Use and application of orders

Recommendation 14
By 27 March 2025, take steps to make sure stalking victims receive the rights they are entitled to under the victims’ charter and have access to victims support services . Chief constables should make sure:

• Victim needs assessments are always completed.

• Their force has appropriate processes to make sure all stalking victims are told about their rights under the victims code.

• Information about the national and specialist stalking support services available in their force area is easily available to police officers and staff, victims and the general public.

• Victims who would like to receive support are referred to an appropriate service in a timely manner.

• They monitor the number of stalking victims who are referred to specialist support services and take action when referral numbers are low.

All victims of crime, unless they object are referred to Victims Support NI – a new process (and supporting IT structures) are in place to ensure that this is as effective as possible and that victims are afforded the rights and support that are available.

Currently there is no specific support service or advocacy support for victims of stalking in NI (either adults or children) however PSNI and DOJ are currently undertaking the procurement for the advocacy support services for domestic abuse and sexual crime. This will include support to victims of stalking behaviours and offences in a domestic setting as there is a recognition that by their nature stalking offences are high risk and have the potential of extreme and heightened escalation.

The Stalking toolkit produced by PSNI to provide guidance on an effective response to stalking and shared with all relevant partners is currently under review to ensure that all support services are included and that the information about police response is accurate and up to date. This will be completed in advance of the timeline allocated in this recommendation.

Recommendation 16
By 27 March 2025, work together to review commissioning arrangements and make changes as soon as possible to ensure they embed collaborative working and information sharing between policing and services providing victim support to stalking victims.

Information sharing systems are already embedded in respect of stalking victims, however there is a recognition that this structure is most effective (and timely) where there is a domestic element as this is immediately shared with Women’s Aid, Men’s Advisory Project, The Rainbow Project, ASSIST NI at the point of completion of the PPN.

A review will be undertaken to ensure that any additional referrals and the pathways are effective however this requires suitable support services to be available for PSNI to refer victims to – this is not currently available outside the domestic setting

Recommendation 17
By 27 March 2025, make sure the new College of Policing investigations APP content on case allocation is reflected in the relevant policies relating to the allocation of stalking and breach of order cases for investigation. Force policies should support the allocation of stalking cases to officers with the right skills and experience, taking into account the potential risk and complexity involved in stalking and breach of order cases.

PSNI have already reviewed and implemented a structure for investigating complex and high risk stalking cases

- PPB will lead on those investigations where they are deemed high risk and domestic

- CID will lead on those investigations where they are deemed high risk and non domestic

- LPC will lead on all other stalking cases

PPB remain available for additional support and guidance where required in complex cases. There have been occasions where a complex, high profile, high risk case that is not domestic is led remains with PPB where it is deemed appropriate to do so. However this is on a case by case basis.

As part of the response and review following the recommendations the following will be re-circulated

- The stalking toolkit (when redraft complete)
- The Service Instructure for Stalking and Harassment
- The case allocation guidelines
- All additional support materials available

Recommendation 18
By 27 March 2025, take steps to improve the quality of stalking investigations by taking a victim centred, suspect focussed and context led approach. Chief constables should make sure:

• Their workforce has the capacity and capability to undertake effective stalking investigations and can apply new and innovative investigation techniques to pursue digital lines of enquiry.

• All reasonable lines of enquiry are pursued, supported by good supervision.

• Arrest and search powers are used to gather evidence from and about suspects.

• The impact on victims is evidenced in witness statements, so it can be used to inform charging decisions and improve the likelihood of successful investigation outcomes.

As outlined above PSNI are in the process of developing the Year 3 training materials which will focus on investigative standards, the learning from cases in the last 12 months, new mechanisms being deployed for stalking victims and any additional factors that would include best practice response.

All officers / staff members involved in investigating stalking offences will have undertaken online training (materials still available for point of reference where required) and / or district training modules in the Year 2 delivery plan.

The initial training focused on the requirement in victims statements to cover both the behaviours that were undertaken but also the impact that this had on victims to explore the offence in full.

Dip samples deployed for stalking offences will continue to focus on
- The decision to arrest or voluntary attend a suspect for interview
- The mechanism of victim account provided
- The outcome / disposal
- The overall outcome rates for the stalking / TAB offence including any additional breakdown / disaggregated factors (gender / age / domestic vs non domestic)

Recommendation 20
By 27 March 2025, take steps to improve how their force effectively recognises and responds to online elements of stalking. This should include making sure:

• The scale and nature of online stalking behaviours informs their strategic understanding of, and the response to, stalking.

• Examples of online stalking are included in locally produced training and guidance material about stalking.

• Clear online safety advice is available to officers and staff, drawing on the College of Policing APP on stalking or harassment when it is developed.

• Appropriate tools, technologies and support services to digitally safeguard victims are procured and officers and staff use these resources when appropriate.

As outlined above PSNI are continuing to prepare Year 3 training materials and will consider all the different mechanisms and tactics deployed by perpetrators when offending – this will include online, and technology advancements.

Recommendation 22
By 27 September 2025, using the information collated by the NPCC lead under recommendation 21, to consider whether and how dedicated stalking officers and staff, or other subject matter experts, can be used to add value and support the force response to stalking.

This will be reviewed and considered alongside the other demand and organisational challenges PSNI face – and will be viewed in the context of the introduction of the domestic abuse protection notices / orders and the learning and best practice from the pilot in E&W. However this would require additional resources and budget being made available to the service.

Recommendation 23
By 27 March 2025, implement a mechanism for early screening of crimes to improve the identification, recording and management of all stalking cases.
Forces should consider screening crimes similar to stalking, or where stalking behaviours may be present as part of a course of conduct, like harassment, malicious communications and breaches of orders.

Screening tools including the DASH additional questions are already completed in respect of stalking cases (non domestic and domestic cases). As part of the quality assurance, both independently for police and jointly with PPS there is consideration about the application of the correct and most appropriate offences, whether they are used in isolation or whether a number of offences are charged / recommended to ensure a cover all approach is applied.

Crime recording review all offences and will also identify in cases, for example, of malicious communication that stalking may be the appropriate offence. Therefore meaning that there is an additional safeguarding mechanism in place to collate the correct offences.

Recommendation 25
By 27 March 2025, explore opportunities to improve how their force works with partners to contribute to a multi-agency response to stalking. This should include considering:

• How the force works in partnership with healthcare, the CPS, probation services and other criminal justice partners to manage stalking perpetrators and address their behaviour.

• Whether and how they should collaborate with other forces to effectively and efficiently contribute to multi-agency partnerships on stalking.

• How multi-agency public protection arrangements (MAPPA) are being used to effectively manage stalking offenders.

PSNI are already engaging with Criminal Justice Partners including PPS, DOJ and PBNI on the potential opportunities for behavioural change programmes and associated mechanisms for managing the risk posed by perpetrators – this will remain ongoing however is dependent on the availability of resources, budget and places on recognised course / programmes of work

PSNI and PPANI already work collectively and collaboratively in respect of managing offenders and at the point when Stalking Protection Orders were introduced it was recognised that breach of this order may make that individual subject to PPANI requirements. The guidance is in place to support this and will be assessed on threat risk and harm basis.

Recommendation 28
By 22 November 2024 (56 days from publication), publish on their force website an action plan which explains what their force will do in response to each of the recommendations made to them and send the NPCC a link to where this action plan can be found.

By 27 March 2025 (six months from publication) provide an update to the NPCC describing the progress they have made against their action plans.

An action plan in respect of the course of action for PSNI has been drafted and can be shared as required, and progress will continue to be updated at each juncture.

PSNI will continue to work will all relevant partners to ensure that victims of stalking behaviours, whether this is online, in real life or a combination of the same will receive an effective, expeditious and thorough investigation. Where a victim reports stalking behaviours online (cyber stalking) and they do not recognise the person / user ID police will use various investigative tactics to identify the suspect – including trying to resolve the online ID markers to understand who is using that ID. In order to allow a victim to understand the potential risk to them (in person) it may be appropriate to highlight who that perpetrator is, and disclose this information – for example this is a neighbour or an ex partner or a work colleague. It may also assist in police understanding the potential motive behind the offending and seek further clarity from the victim. However there may be occasions that even if that information were disclosed to a victim they would still not know who the individual was in real life, and this could have been a fixation based on opportunity rather than directly knowing the victim. However police will seek to secure any additional information that they are able to in respect of the perpetrator to be able to effectively risk manage the offending behaviours

Les Allamby