1. 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

2. 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

3. 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