One of the biggest concerns for people hiring a private investigator is whether or not they are actually legal. Broadly speaking, private investigators are legal in the UK. However, there are certain restrictions on what methods they can use to investigate your case and what exactly they can investigate legally.
Read on as we explore what private investigators can legally do, and what regulations they must follow…
What do private investigators actually do?
Private investigators can work for either members of the public or for companies. They investigate sensitive or difficult problems on behalf of whoever they are hired by. That includes gathering information or evidence that might be required for whoever has hired them. This evidence can be used in court of just for peace of mind.
Private investigators can legally use a wide range of surveillance and investigation techniques to solve their clients’ cases and get the truth for them. Tracking, observation, interviewing people of interest or monitoring are commonly used techniques by private investigators.
Are private investigators legal in the UK?
The simple answer to this is yes, they are completely legal to use in the UK. A professional private investigator will know the laws regarding private investigation in the UK, whereas a non-professional and unexperienced private investigator might not.
You can easily tell a professional private investigator from a non-professional one. Most professional investigators are members of at least one regulated trade organisations, such as ICO (Information Commissioner’s Office), The World Association of Professional Investigators (WAPI) or Institute of Professional Investigators (IPI).
Before hiring a private detective, you should check to see if they are members of any regulated trade organisations for private investigators, as this proves their professionalism and shows that they abide by private investigation laws. Reputable private detectives will be a member of at least one regulated trade organisation.
What investigative methods can private investigators legally use?
There are many investigative methods private detectives can legally use in the UK:
- GPS Tracking – If you need evidence of where a person has been, or to know the location of family members or employees, GPS tracking can provide the information you need. It is a reliable method which involves a small device sending signals to a designated satellite and it can be used 24/7. However, it can only be used with a person’s consent, generally if the vehicle is owned by you or your business.
- Follow someone in a public place – Private investigators are allowed to follow someone, but only in a public place. This can be used in cheating partner investigations, as they can prove evidence of where someone has been. It can also prove who the person has been seen with. However, they cannot engage in any behaviour that makes that person feel insecure or harassed.
- Use public and open source records to look for people – Public records can contain a wide range of information about somebody. Any record created, received or maintained is a public record. They can normally be accessed via the county courthouse, but they can also be accessed through an aggregator. Public records can often hold loads of good information for a private investigator.
- Performing background and history checks – Private investigators can legally do thorough background checks, which you might not be able to do yourself. The background checks can vary from just searching online for someone or using social media to check their background.
All these techniques can be legally used by private investigator in the UK, to help solve your case and get the truth for you.
What type of cases can a private detective legally investigate in the UK?
Private investigators in the UK can solve a wide range of cases in the UK:
- Finding a missing person – You might want to locate a missing person for numerous reasons. Perhaps they’ve got crucial evidence of something, which you need to get justice, or perhaps they owe you money. A private investigator can solve this for you, even if you suspect they have move abroad.
- Infidelity issues – Private investigators are often contacted by people who suspect their partner of cheating but have no solid proof or just want peace of mind. The private investigator will use a range of surveillance technique to get the proof people need to put their minds at rest.
- Corporate investigations – Businesses often hire a private investigator to investigate issues for them. This can range from insurance fraud, to just simply doing a thorough background check on a new employee or client.
Is private investigation legal if the private detective does not have a licence?
If a private detective if operating without a licence, it is a criminal offence. The Home Office introduced this in 2013 to put a stop to unlawfully infringing the privacy of individuals in the UK and to protect the public from unscrupulous activity.
The SIA (Security Industry Authority) grant private investigators the licence needed to operate and have strict regulations to get a licence:
- Applicants must have completed training and achieved a government-recognised qualification. This makes sure that the applicant fully understands all the relevant laws and standards of operating ethically as a private investigator
- They must confirm their identity, usually through official identification such as passport, birth certificate or driving licence
- Applicants will have undergone a criminality check, as anyone with a criminal record cannot be a licenced private investigator
All applicants will need to meet these standards before they get their licence and it includes any contractors that work on private investigations for companies. If private investigators do not have this licence, they are operating illegally, and can face a fine of £5,000 and up to six months in prison.
Where can I hire a legal, private investigator?
M19 Solutions is a team of highly skilled private investigators in Manchester. We’re committed to keeping everything completely legal and above board, with ICO registration and SIA licencing to boot.
Our team follows ethical guidelines to the letter for all private investigations and we pride ourselves on being discreet for our clients. On top of all that, we have solved over 1,000 cases, using a wide range of legal surveillance techniques.
To find out more, simply give us a call on 0161 706 0057 or email info@m19solutions.co.uk.
If you’d like know more about private detectives, make sure you check out our new blog post – The 20 Greatest Famous Detectives – Real & Fictional.
