LTS Group, formal terms, conditions and agreement for those either employed by us or acting as agents on our behalf.

This is our formal contract with you

For clarity:
‘the company’ means LTS Group.
‘agents’ means those instructed my LTS Group.
‘staff’ means any person employed directly by LTS Group or one of its agents.

The following terms and conditions form the LTS Group operations policy with which all staff and agents are required to conform when carrying out our instructions. These are our formal terms and conditions when entering into a contract with you to carry out our business and that of our client base. Failure to do so will render our contract with you void and you liable for any resulting claim.

You are required to have and to produce at our request current policies of insurance covering:

Public Liabilities, Employee Liabilities, Professional Liabilities, and
Registration with Data Protection Commissioner.

We reserve the right to add to, alter or amend any of our terms and conditions without warning or notification to individual clients or agents. Our current terms and conditions will be published on our website

Data Protection Policy
LTS Group does not and will not itself or via any agent or other party obtain or be party to obtaining personal information knowingly and recklessly without the consent of the organisation that holds it, either by deception, bribery or other means. It is a criminal offence under Section 55 of the Data Protection Act and all persons working for LTS Group in whatever capacity do so in the knowledge that they are prohibited from such activity.

Where another organisation holds restricted information that is necessary to an investigation and that information is not available from other legitimate sources, that organisation should be approached directly by us or our agent providing those instructing us have agreed that course of action. It will then be for that organisation to decide whether or not to disclose the relevant information or not and the result will be reported back to our client by us. The organisation approached would have to be satisfied that they had a legitimate basis for the disclosure.

Any agent will as will LTS Group make suitable provision of services requested and retain the personal information involved for no other purpose. Appropriate steps will be taken to ensure that employees and agents comply with the Act when obtaining, using and disclosing data. The company and its agents shall take appropriate steps to ensure that neither it or any of its employees or agents shall use any data other than in connection with the provision of services as instructed. The company and its agents shall establish appropriate procedures to ensure that access to the information collected is restricted to relevant employees.

The company and its staff and agents shall hold all data in strict confidence and take all actions, and put in place appropriate security measures necessary to protect that data from

Any unauthorised or unlawful access; and
Any accidental loss, destruction or damage
Onward use and disclosure not associated with the investigation

The company and its agents shall also return or ensure the secure destruction of the data when it is no longer required for the investigation, defence of the claim or potential further legal action. The company shall notify our client base of those measures on request. These will include the steps the company takes to maintain a clear chain of evidence, to store securely all original evidence and to safely dispose of evidence at the appropriate time. We will also provide those details with regard to any agents employed by us.

The company should allow its client’s, on request, to carry out an audit of its and its agents procedures in respect of the data gathered under this agreement. Both the company and its client retain the right to remove from the investigation, employees or agents if they are found to be acting inappropriately or if there are reasonable grounds for suspecting that they may be acting inappropriately.

The company or its agents shall not transfer the data, or any part of it, to a country or territory outside the European Economic Area except with the explicit consent of the instructing client. The company shall inform the client, (agents shall inform the company) as soon as it becomes aware of any breach of the terms of the Act and advise of steps that it intends to take to remedy any breach.

The company shall agree to keep the client apprised as to the progress and completion of those steps to remedy any breach. The parties should agree that if the company or client considers the breach to be a material breach of the Act, they are entitled to terminate any agreement that exists by notice in writing. Any outstanding instructions at the time of receipt of that notice should be regarded as cancelled and the data returned.

The 5th Data Protection Principle states that personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. FSA guidance on systems and controls similarly provides that the general principle is that records should be retained for as long as is relevant for the purposes for which they are made. For evidential purposes the Limitation Act 1980 suggests it might be prudent to hold data for 6 years following the cancellation of a policy or repudiation of the claim.

For the purposes of this company any data will be held for no more than 6 months if it has been transmitted in any format to the client unless that client stipulates in writing that it should be held for a longer period. In this case we will not hold data for more than 6 years for any reason. Any agent employed by us will adhere to this policy. It is vital that the client notifies the company when a claim has been settled/closed if they require us to retain that data for longer than 6 months.

The information we expect from our clients and will pass to any agent.

The client should decide on the most appropriate medium for issuing instructions. Facsimile transmission might be insecure and telephone instructions could be open to interpretation and lack any form of documentation. Instructions should therefore be given in writing and sent securely by e-mail and backed up by post.

The instructions must be explicit and transparent, with the subject matter clearly documented. The client should provide the company with sufficient information as is necessary to ensure that the investigation focuses on the correct subject matter. The information provided should only be that which is necessary and relevant to identify the subject of the investigation and inform what type of investigation is required. This might include:

The claimant’s name, date of birth, sex and address.
The description of the claimant and family circumstances.
A description of the type of data required:
• Photographs
• Video recording
• PI report
• Original signed surveillance logs
• Any other information that is reasonably required (and justified) in order to help the client resolve the case.

For example the client may not ordinarily inform the company of the medical condition that the claimant alleges they are suffering from. The instructions should instead advise the company to assess the way in which the claimant acts and may ask for evidence of particular activity. For example, the claimant might have difficulty lifting objects or should not be driving. The client the company might hold regular review meetings, thus this would help to ensure consistent standards of work, a mutual understanding of what is required from the investigation and provides a forum for providing feedback on the company’s work. Any agent may be required to provide frequent updates to facilitate these meetings.

Our contract of employment for both staff and agents includes.

No agent instructed by us on our client’s behalf is permitted to sub-contract that instruction to another agent or body. Agents who employ staff must ensure that those staff are suitably qualified, skilled, experienced, and trained to carry out the tasks required of them, if they are not then they cannot undertake instructions from us. We reserve the right to require evidence of experience, qualification etc of any person so employed who is to carry out our instructions.

All staff and agents will have been carefully chosen to carry out our instructions in an appropriate manner, both in compliance with the law and with those standards of ethics we hold and promote to our clients and we explicitly require all staff and agents to comply with. All staff will act in accordance with all applicable laws, rules, regulations and codes of practice relevant to the services provided.

Employees and agents will at all times ensure they do not act in contravention of our code of confidentiality which is that we will uphold total confidentiality in all matters at all times. Agents will not communicate with our client base directly at any time and must direct all enquiries and responses through us. Clients will not direct any communication direct to any agent employed by us but will deal only with us. Both clients and agents will respect our trading place in the instructions.

Failure to comply with any part of that agreement will be grounds to void our agreement and instructions.

Health & Saftey

When working on behalf of LTS Group employees, agents and their employees will adhere to the following Heath and Safety Rules. It is a requirement of your working for us, in any capacity at all that you adhere to the following, failure to do so will negate the contract between us.

Under the Management of Health and Safety at Work Regulations 1992, amended in 1999, employers have a responsibility to manage health and safety effectively.

Driving and drivers:

Driver means anyone driving on company business, regardless of who owns the vehicle. All staff who need to drive as part of their work; this covers staff who drive as a job, and those who drive occasionally or for short distances e.g. travelling to and from meetings, site visits, and travelling to and from home to a non-permanent place of work.

It also includes people who you ask to do you favours. For example: a member of your staff or your family or friend who you ask to drop off the post on their way home, or someone collecting a parcel on their way into work, or running an errand whilst they’re out shopping. All of these activities constitute driving on business and come under the remit of HSE legislation. Anyone who you require to drive on behalf of your company, needs documented evidence of the following to fulfil the contract between us.

Drivers Responsibilities and Obligations:

Their Motor Insurance must include insurance for the correct class of business use. They must hold a current driving licence for the correct vehicle type.

They must inform you of medical issues, including details of medication prescribed by their GP, Dentist, Optician, etc.

Their vehicle must have been serviced and maintained to the manufacturers schedule.

Tyres – tread depths must be within legal limits.

MOT – A current MoT test must be passed and certificate issued if applicable.

Every driver needs to have a copy of your company’s Drivers Handbook and to have read and understood it.

All drivers will have a good knowledge of the Highway Code and other road safety requirements and legislation. They are required to comply with all such guidance and legislation as part of your work for us. For example we would expect them not to exceed the speed limits to which they will be restricted in their daily working environment and to comply with the legislation relevant to the use of mobile phones as specific examples.

Drivers are reminded that DofT advice is that drivers should take a break every 2 hours or 100 miles on long journeys particularly when driving on motorways. This is not a requirement but a guideline and we would recommend it to you as good advice. Driver fatigue avoidance strategies such as stopping for a short nap, coffee breaks etc should be planned into a long journey.

Employers Responsibilities:

Directors and Line managers should hold documented proof that the above has been adhered to.

The journey:

Where possible drivers should use motorways as they are statistically safer than trunk or minor roads.

Ensure that the roads selected are suitable for the vehicle used.

Select the journey bearing in mind the time of day i.e. avoid schools at start and end of school day etc

The Journey – In the event of an accident, investigating bodies (including Police /insurers /HSE) are likely to look into the following:

Was a journey risk assessment carried out and was the journey necessary?

Are you satisfied that drivers were not being put at risk from fatigue caused by driving excessive distances without a break?

Has company policy eliminated the need for long journeys or reduced them by combining other transport methods e.g. rail or plane?

Are drivers allowed to make an overnight stay, rather than having to complete long journeys at the end of the working day?

Many companies reimburse staff expenses based on the shortest journey between two points. This clearly contravenes the legislation.

locus risk assessments.

Conducting a locus report is an intrinsically hazardous activity. Investigators will almost always be working in the highway at a location where a road traffic accident has already occurred.  The safety of the Investigator and of the general public is of paramount concern, and will always take precedent over any other matter whatsoever.

There is a legal duty, under Sections 2 (and 3) of the Health and Safety at Work etc. Act 1974, to ensure the safety of the all concerned so far as reasonably possible.  Every accident locus is different, each raising its own unique combination of risks.  Given this, a generic risk assessment has proved to be inadequate to providing a safe working environment. Therefore, each accident locus shall undergo an individual risk assessment, which shall be carried out by the relevant Investigator.

Investigators are experienced in working in the highway due to their work, they must then be the best-qualified persons to undertake locus report and assess the dangers involved at each. For this reasons the Investigator is best qualified to conduct the actual risk assessments themselves.

The risk assessment

The following information will enable the Investigator to do this. The Iinvestigator is in the most danger when working in the highway itself and thus he should avoid working in the highway where at all possible. If the needs of the investigation require that photographs and/or measurements be taken in the highway, then the Iinvestigator should assess the locus to ensure that they are certain it is safe to do so. If, for any reason, the Investigator considers that s/he may be at risk in any way, then they should not proceed.

Section 7 of the Health and Safety at Work Act 1974 requires that all employees cooperate fully with the measures put in place to ensure their safety. The same section also imposes a duty upon all employees to take reasonable care for his/her own health and that of others affected by their work.

RISK ANALYSIS

Once the Investigator has considered all the Locus Information, they should analyse the identified risks involved and consider the viability of the instruction having regard to the type and characteristics of the road in question:

Locus reports will not be carried out on motorways unless the relevant information can be obtained from a vantage point such as a bridge etc.

Any road with a speed limit of 60 or 70 m.p.h. should be very carefully considered and the dangers of the road if only by virtue of the likely speed of traffic.

Consideration should also be given to the time of day best suited to visiting the scene, remember we are only there because an accident has happened. 

On attending a locus a safe location should be found to park the Investigator’s vehicle, clearly a car park or off road position would be favoured over all other. On those occasions when such a position is not available a suitable lay-by, or similar should be identified. Investigators will only place their vehicles in places that might be considered ‘normal’ places in which a vehicle might be expected to park. Vehicles will not be used to protect the Investigators or the locus as you will have as a police officer.

At all times Investigators will wear protective reflective jackets. Only jackets conforming with the prevailing standards of the time will be worn. Substitute or individual preference jackets will only be used if they comply with that standard.

The Investigator must then carryout a visual inspection of the area of interest and establish what  is required in the report and what can safely be obtained. During this visual inspection, the Investigator should always remain in an area of safety, (an area of safety might be considered a position that might normally be occupied by a pedestrian)

ROAD ASSESSMENT

The following must be considered when inspecting the road:

The features of the locus: -

The volume of traffic. Would it be safer to return at another time or day?
The actual speed of the traffic on that road as compared with the speed limit.
The conditions in terms of the weather and or fabric of the road itself.
The estimated stopping distance of the traffic at any given point you wish to occupy having regard to the volume, speed, and the road and weather conditions.
The available visibility of approaching drivers of you in the road at any given position in which you wish to be.

Remember that the stopping distance of a vehicle may as much as double on a wet road surface OR up to four times greater in icy conditions. If the estimated stopping distance is greater than the available visibility, then the AI should consider whether a ‘look out’ is required. If the AI decides that, despite this, a ‘look-out’ is NOT required, then s/he must justify the decision on the rear of the form.

It is accepted that the best photographic evidence is often obtained from the position of those who’s views we wish to represent.  A car driver, for example, will occupy a certain position in the road and we might expect to take photographs from that position and at  an appropriate height. The Investigator must make the assessment asking the question, is taking such photographs both needed and safe?
In doing so, you should consider: -

Can the same perspective be obtained from the roadside or kerb?
Will such pictures show anything of evidential value that has any bearing on the matter?
Is it safe on this particular road to enter the road and take the required photograph?
If I had assistance, a ‘lookout’ would I be safer?

If you consider that there is a significant risk in proceeding then you MUST not proceed. The Highway Code sets out the standard of a competent driver, we should always accommodate the incompetent driver when carrying out our risk assessment of a locus.

You will need to:

Ensure that before you move into the road it is safe to do so.
Remain constantly aware of the movements of vehicles around you. Most importantly from behind you but not exclusively, traffic approaching from ahead or either side is crucial.
Take your photograph as quickly as possible and move back to an area of safety before checking that picture or your equipment.
If taking measurements ensure that you take each measurement and move back to a safe area before writing down that distance.
Make use of any safe refuge such as central traffic islands or traffic light controlled road crossings to cross the road to reach a point of safety. Do not use areas of hatched marking as an area of safety. If crash barriers edge the road always step behind them never stand in front of them.

Do not linger in the carriageway.

The AI must also consider the effect on others of his position: -

Where you leave any equipment you are using, do not leave measuring wheels for example on the pavement for people to fall over.
Will passing motorists or even pedestrians be distracted by your presence that may cause them to be involved in an accident?
Will you, your equipment or your vehicle cause inconvenience or obstruction to any other person.
Before leaving the locus check you have obtained all the evidence you feel is appropriate and that you have collected all your equipment. Move via an area of safety back to your vehicle and exit the parking place correctly.

GLOSSARY
Data controller (Data Protection Act): A person who determines the purposes for which, and the manner in which, personal information is to be processed. This may be an individual or an organisation and the processing may be carried out jointly or in common with other persons.

Data processor (Data Protection Act): A person, who processes personal information on a data controller’s behalf. Anyone responsible for the disposal of confidential waste is also included under this definition.

Data protection principles: There are eight principles of data protection – these form the core around which much of the Data Protection Act is written. All data controllers must generally comply with all eight, even if they are exempt from notification. The principles

are enforceable by the Information Commissioner.

Fair and lawful processing: The first data protection principle requires data to be processed fairly and lawfully. For processing to be considered fair, individuals must be provided with certain information including the controller’s identity, the reasons that their information is being collected and any third parties it will be disclosed to. In addition,

it is necessary that all personal data processing must comply with at least one of six threshold conditions. Where sensitive personal data is processed, including information about the health or the commission or alleged commission of an offence, additional considerations for processing must be met. For insurers, this will often be that the individual has provided explicit consent.

Notification (Data Protection Act): The process by which a data controller’s processing details are added to the Information Commissioner’s register. Under the Data Protection Act, every data controller who is processing personal information needs to notify unless they are exempt. Failure to notify is a criminal offence. Even if a data controller is exempt from notification, they must still comply with the data protection principles. The Commissioner maintains a public register of data controllers at www.ico.gov.uk. A register entry only shows what a data controller has told the Commissioner about the type of data being processed. It does not name the people about whom information is held.

Personal data: Information held in electronic and some highly structured paper files about a living individual who can be identified from that information and other information which is in, or likely to come into, the data controller’s possession.

Agent: A person privately hired to do investigatory work, for example, to investigate suspicious insurance claims.

Processing (Data Protection Act): Obtaining, recording or holding the data or carrying out any operation or set of operations on data.

Subject access request (Data Protection Act): Under the Data Protection Act, individuals can ask for a copy of information about themselves that is held on computer and in some paper records. If an individual wants to exercise this subject access right, they should write to the person or organisation that they believe is processing the data. A subject access request must be made in writing and accompanied by the appropriate fee. In most cases, the maximum fee will be £10, but this can vary. A request must include enough information to enable the person or organisation to whom the subject is writing to satisfy itself as to their identity and to find the information. The request must be fulfilled within 40 days as long as the necessary fee has been paid. A data controller should act promptly in requesting the fee or any further information necessary to fulfil the request. If a data controller is not processing personal information of which this individual is the data subject, the data controller must reply saying so.

Surveillance log: Records or logs of incidents and activities carried out at specific times that serve as memory refreshing documents. They are used by private investigators when giving evidence and should be made on the understanding that that they may be produced in evidence.