Dear Mr Hughes,

FREEDOM OF INFORMATION REQUEST REFERENCE NO: 001160/09

I write in connection with your request for information dated 23/03/2009, which was received by Greater Manchester Police on 23/03/2009. I note you seek access to the following information:

Your request

Following receipt of your request searches were conducted within Greater Manchester Police to locate information relevant to your request. I can confirm that the information you have requested is held by Greater Manchester Police.

Response

Your request for this information has now been considered and I am not obliged to supply a full copy of the requested policy.

Section 17 of the Freedom Of Information Act requires Greater Manchester Police, when refusing to provide information (because the information is exempt) to provide you, the applicant, with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would otherwise be apparent) why the exemption applies to the information which has been withheld.

The exemption which is applicable to the withheld information is s31(1)(a)(b)

Law Enforcement. Which is a qualified and prejudiced based exemption and relates to disclosure of information, which is likely to prejudice the prevention/detection and the apprehension and prosecution of an offender. I am also required to apply both the public interest test and evidence the harm in disclosure. I have set out these considerations below.

HARM in relation to prejudice based exemptions
To disclose the full content of the requested policy, is likely to prejudice future police operations. Furthermore, disclosure would likely to prejudice the detection and prevention of crime in relation to domestic abuse incidents and may ultimately result in safety implications for the general public and placing the well being of domestic abuse victims at risk. Any information, which would do so therefore is likely to undermine Police operations.

Public interest considerations favouring disclosure:

Accountability - When information disclosed relates directly to the efficiency and effectiveness of the force or its officers. The purpose of the Act is to make public authorities more accountable and this factor, therefore, may be applied to a wide range of scenarios from how an individual or the force fulfils their role or function, to policy decisions that have been taken in relation to investigations or general policy issues. In this case, Greater Manchester Police may be obliged, to demonstrate to the general public of the policy they have in place for domestic abuse and how they actively investigate such incidents.

Public Awareness and Debate - Where release of information would contribute to the quality and accuracy of public debate. This factor applies where the release of accurate information will inform and enhance public debate on particular subjects that may be topical. In this case, releasing information into the public domain on how Greater Manchester Police are policing domestic abuse incidents may inform public debate and boost levels of confidence within the community.

Public interest considerations favouring non-disclosure:

Efficient and Effective Conduct of the Service/a Force - where current or future law enforcement role of the force, may be compromised by the release of information. In this case, information relating to the tactics and strategy of policing domestic abuse, is sensitive and disclosure may compromise the ability of the force to prevent and detect crime and protect life and/or property, by providing potential perpetrators with the ability to adopt counter measures.

Public Safety

There may be occasions where the release of information relating to public safety may not be in the public interest. Public safety is of paramount importance to Greater Manchester Police and must be considered in respect of every release of information. In this case, information that would potentially thwart present or future investigations or cause more crime will adversely affect public safety.

Balancing Test

When balancing the public interest test we have to consider whether the information should be released into the public domain. Arguments need to be weighed against each other. The most persuasive reason for disclosure is Public Awareness and Debate, which needs to be compared to the strongest negative reason, which in this case is Efficient and Effective Conduct of the Service/a Force.

Complaint Rights

Your attention is drawn to the attached sheet, which details your right of complaint.

Should you have any further inquiries concerning this matter, please write or contact me, on telephone number 0161 856 2528 quoting the reference number above.

Yours sincerely,

Corine Phipps

Information Access Team

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the decision is incorrect?

You have the right to require Greater Manchester Police to review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again -

The quickest and easiest way to have the decision looked at again is to telephone the case officer that is nominated at the end of your decision letter.

That person will be able to discuss the decision, explain any issues and assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of Greater Manchester Police made under the Freedom of Information Act 2000 regarding access to information, you can lodge a complaint with Greater Manchester Police to have the decision reviewed.

Complaints should be made in writing and addressed to:

Freedom of Information Officer

Information Governance Unit, Information Management Branch

Greater Manchester Police

Police Headquarters

Chester House

Boyer Street

Manchester

M16 0RE

The Information Commissioner

After lodging a complaint with Greater Manchester Police if you are still dissatisfied with the decision you can make an application to the Information Commissioner for a decision on whether the request for information has been dealt with in accordance with the requirements of the Act.

For information on how to make an application to the Information Commissioner please visit their website at www.informationcommissioner.gov.uk. Alternatively, phone or write to:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Phone: 01625 545 700

Corporate Performance Branch, Data Protection & Computer Audit Section, Police Headquarters,

8th Floor, Chester House, Boyer Street, Old Trafford, Manchester M16 0RE

Tel: 0161 856 2529, Fax: 0161 856 2534, Minicom: 0161 872 6633,

Email: [email address]

Information Governance Unit, Information Management Branch, Police Headquarters,

Chester House, Boyer Street, Manchester M16 0RE

Tel: 0161 856 2529/2668, Fax: 0161 856 2535, Minicom: 0161 872 6633,

Email: [Greater Manchester Police request email]