Private Investigation: The ULTIMATE Guide

For most of us, private investigators are probably best known from movies and TV.

Alternately nicknamed ‘Gumshoes’, ‘P.Is’, ‘Sam Spades’ ‘Sleuths’, ‘Private Eyes’, ‘Private Dicks’, and many more, the fictional P.I inhabits a nourish, smoke-filled world of daring-do, betrayal, and high hopes dashed by grim reality. He’s lonely, half-drunk and behind on his rent, when he happens to glance through the Venetian blinds to see a beautiful dame with pouting lips, a heart full of secrets and a pocket book full of cash – and she needs his help.

It’s usually a ripping good yarn, but the reality of private investigation contrasts sharply with the romantic fiction of troubled anti-heroes and the dewey-eyed damsels they don’t entirely trust.

In this guide, we’ll tell you everything you need to know about Britain’s REAL private investigators; how they operate, what they do, and what the law has to say about them and their work.

We will examine the operating procedures of the UK’s private investigators, discussing in detail what they can and cannot do, and under what circumstances you might consider hiring one.

So press ‘play’ on some back-room Jazz, pull the blinds closed and dim the lights. The case is open.

What is Private Investigation?

In simplest terms, a private investigator is a professional gatherer of information which can be used to confirm or disprove allegations against specific people or organisations.

Typically, a private investigator is required in cases wherein one person or organisation suspects or alleges another of some form of impropriety (such as a dishonest employee, cheating spouse, or act of corporate espionage). The investigator’s job is to locate and gather sufficient evidence leading to a credible confirmation or denial of the allegations.

This evidence may then be used by the relevant authorities to effect a dismissal from work, obtain a conviction in court, or otherwise provide evidence where it is required.

Private investigators are most commonly retained by companies looking to prove employee dishonesty, such as theft, industrial espionage, or contractual violations. They employ a variety of investigative methods, including face-to-face interviews, internet research, data analysis, covert surveillance, and other means.

Private investigators operate independently from law enforcement, although they will, on occasion, collaborate with organisations such as police and private security firms. They are also sometimes required to present evidence in court.

What Do Private Investigators Do? 

Private investigators gather information, usually with the purpose of unearthing the truth behind an allegation or accusation.

Perhaps most commonly, private investigators are employed by businesses to conduct investigations into accounts of employee misconduct, such as theft, fraud, or abusive behaviour towards colleagues.

Such issues rarely give cause to contact the police, and most companies would prefer to handle such matters internally to avoid damage to their reputation and/or loss of profits. If police or law enforcement do need to be contacted, it is better (from the perspective of a business, at least) to do so with evidence to support these claims, as opposed to mere speculation and hearsay.

To discover the truth, private investigators may perform background checks on people, conduct interviews, read employee logs/files/notebooks, do online research, check employee messages, track vehicles, and more besides. All of these tactics are legal, and a private investigator should never break the law to obtain the information they need.

Common tasks of private investigators include providing proof of false absenteeism, theft, refuting the claims of employment tribunals, discreet surveillance of those suspected of wrongdoing, screening prospective employees, running background checks, dusting for fingerprints, uncovering paper trails or supposedly ‘deleted’ files, and more besides.

What are ‘Personal Investigations’?

An investigation focussing on a specific individual is sometimes known as a personal investigation.

Away from a business setting, private investigators may be assigned to watch a specific individual, with the goal of providing irrefutable evidence of illegal or immoral activity. For example, a wife may hire a private investigator to provide her with proof of her husband’s philandering, which can be used in her favour during divorce proceedings.

Clear, time-stamped photos or video of a person committing a crime or indiscretion is exceptionally difficult to deny, but equally difficult to obtain. This can be where private investigators come in. Private investigators can also access digital records or online data to this and other ends.

Before entering into a marriage, some people will insist that background checks are performed on their would-be spouse. This often forms part of a prenuptial agreement (‘prenup’).

Similarly, private investigators and firms are adept at asset tracing, the art of locating funds or assets that may be hidden for one reason or another. If, for example, a person is ordered to pay compensation or a fine, but claims to have insufficient funds, a personal financial investigation may reveal this to be a deception. Such skills are useful in cases of divorce, debt recovery, financial misconduct, tax evasion, and fraud.

Private investigators are also employed in cases of missing persons, such as runaways, or those who have apparently ‘disappeared’ to avoid overdue bills. Sometimes, an investigator’s network of contacts and information-gathering expertise exceeds those of the police.

On occasion, the services of private investigators are retained to help an adoptee locate their birth parents. They can also turn this fact-finding expertise to tracing a person’s lineage or family tree.

As we have demonstrated, private investigation is a large and multi-faceted sector, requiring multiple skill sets, keen insight, and a rare blend of lateral thinking and ‘gut instinct’.

Many investigations focus specifically on a person, or small group of people. These ‘personal investigations’ make up a significant portion of the average private investigator’s workload.

Are Private Investigations Legal?

Hiring, owning, operating, or being employed by a private investigations firm or individual is completely legal in the United Kingdom. However, private investigators are still bound by the law, particularly legislation like the Regulation of Investigatory Powers Act (2016), its earlier counterpart from 2000, and the Data Protection Act (2018).

Other privacy, trespassing, and harassment laws apply to private investigators. However, it is legal for a private investigator to conduct surveillance on a person or people if they are professionally retained for this purpose.

That said, the field of private investigation is not without its share of controversy or conjecture. What follows is a list of what private investigators legally can and cannot do while performing their duties.

Private Investigators Can

Access Public Records

Private investigators may only access public records and data. Although a company may grant access to internal company files and data, private investigators are usually only able to access the same information that any other member of the public can.

Investigators are skilled at unearthing patterns within said data, and spotting clues that others may miss.

Conduct Interviews

Private investigators are skilled at conducting face-to-face, or over-the-phone interviews. They can spot inaccuracies, fallacies, telling statements, and outright lies. They are often able to piece together an accurate account of events by collating information accrued over several interviews.

Assess Vehicle Ownership

Private investigators are legally allowed to run number plate data and determine a vehicle’s ownership and status, but only if they have a legal mandate to do so.

Conduct an Undercover Investigation

Private investigators will sometimes ‘go undercover’ to learn more about a specific person or situation.

Sometimes, a formal interview with a suspicious person will not yield any evidence or useful information. However, posing as a new colleague (to offer just one example) will allow the subjects to feel more comfortable, and perhaps be more liberal with their information.

Conduct Surveillance

Private investigators can legally follow and surveil certain people, albeit only under particular circumstances (i.e., they have been hired to do so and are in full compliance with the law).

For example, a private investigator assigned to discover whether or not a husband or wife is having an affair may need to follow the subject of their investigation in order to secure comprehensive proof (for example, photos). To this end, they may conduct extensive surveillance of the subject in general, taking photos or videos, or recording the movements of the subject.

Private Investigators Cannot

Trespass on Private Property

Private investigators may not enter a property illegally. Ergo, no private investigator may enter a private property or residence without the owner’s express consent.

Retrieve Private Records

Private investigators are professional gatherers of information, but not all information is available to them. While a private investigator may obtain a person’s contact details via legitimate means, they may not access phone records. The same goes for medical records and credit information.

Only if such data is disclosed by the subject (or another interviewee), or somehow becomes public information, may it be accessed by a private investigator.

Make an Arrest 

Like security operatives, private investigators have no formal powers of arrest. If a private investigator witnesses a crime, they may conduct a ‘citizen’s arrest’, but doing so is more complicated, from a legal standpoint, for a private investigator than it is for a member of the public, or a security operative.

In most cases, the investigator will simply gather evidence and/or contact the relevant authorities.

Hack Electronic Devices

Private investigators are not legally permitted to access a person’s private digital information without consent. So, they cannot hack into computers, phones, emails, or social media accounts. To do so risks prosecution.

Track a Vehicle Using GPS

Using GPS to track a vehicle is also not permitted in most cases. In order to access GPS tracking data, private investigators must obtain permission, either from the vehicle’s owner, or (in some corporate cases) via a contractual stipulation. If the owner gives their permission, only then can the car be tracked or ‘bugged’.

Carry a Badge or Impersonate a Police Officer

Impersonating a police officer is a crime, so a private investigator will not carry a police-style badge, or sport any related insignia. They should, however, carry some form of ID on them at all times.

In the UK, it is not necessary for a private investigator to be licensed. However, PI licenses (issued by the SIA) do exist, and are recommended by many private investigation firms.

It has been suggested in recent years that PI licenses become mandatory. However, this is not the case at the time of writing.

What Can Private Investigations Reveal?

All manner of public records, such as property records, court records, records pertaining to marriage, divorce, birth, death, occupation, business licenses, and more are available to private investigators. Investigators are trained, not only to access and retrieve this data, but to glean from it a wider understanding of the subject that either proves or disproves their innocence.

Private investigators may also access unrestricted social media accounts. So, if an employee calls in sick with the flu, but posts on Facebook that they are, in fact, on holiday, there’s every chance that a private investigator will be able to source this information and use it to reveal the truth.

Private investigators may also keep track of a person’s movements. For example, if a philandering husband tells his partner that he’s going away ‘on business’, but instead drives to a private residence, a private investigator will be able to prove this beyond reasonable doubt.

Private investigators can speak to a vast network of people, including coworkers, family, friends, and neighbours, to learn all they can about a specific person. Essentially, they will draw from a vast amount of information to provide proof of the subject’s guilt or innocence. This will typically be delivered to the client in the form of a digital or physical file.

How Much Do Private Investigators Cost?

Private investigation can be very expensive. However, rates may vary widely, depending on a number of factors, including the amount of work required to complete the task, number of investigators needed, scope and scale of the investigation, and more besides. As with private security, rates can also vary from firm-to-firm.

Investigators are typically paid by the hour, according to how long the investigation takes. Some individuals/firms will also bill their clients for expenses.

Most firms will offer prospective clients a free consultation, wherein an estimated amount will be agreed upon between client and firm.