Cautions for serious offences

Dear Mr Boyce,

Freedom of Information Request Reference No: 2009110003056
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 10/11/2009. I note you seek
access to the following information:

* "Please provide the names of those officers who have dealt with cases
of ABH and GBH with a caution over the past 12 months."

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You will receive a response within
the statutory timescale of 20 working days as defined by the Act,
subject to the information not being exempt or containing a reference
to a third party. In some circumstances the MPS may be unable to
achieve this deadline. If this is likely you will be informed and
given a revised time-scale at the earliest opportunity.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

COMPLAINT RIGHTS

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

Should you have any further enquiries concerning this matter, please
write or contact Katie London on telephone number 02071613907 quoting
the reference number above.

Yours sincerely

Katie London
Policy and Support Officer
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 the Metropolitan Police Service (MPS) 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 the MPS made under the Freedom of Information Act 2000 (the Act)
regarding access to information you can lodge a complaint with the MPS
to have the decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied
with the decision you may make 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 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

show quoted sections

Dear Mr Boyce

Freedom of Information Request Reference No: 2009110003056

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 10/11/2009. I note you seek
access to the following information:

* Please provide the names of those officers who have dealt with cases
of ABH and GBH with a caution over the past 12 months..

EXTENT OF SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were conducted
at the MPS.

RESULT OF SEARCHES

The searches located records relevant to your request.

DECISION

Having located and considered the relevant information, I am afraid that I
am not required by statute to release the information requested. This
letter serves as a Refusal Notice under Section 17 of the Freedom of
Information Act 2000 (the Act).

REASONS FOR DECISION

Section 17 of the Act provides:

(1) A public authority which, in relation to any request for
information, is to any extent relying on a claim that any provision in
part II relating to the duty to confirm or deny is relevant to the request
or on a claim that information is exempt information must, within the time
for complying with section 1(1), give the applicant a notice which-

(a) states the fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the exemption
applies.

Section 40(2)(a)(b) of the Act provides:

(2) Any information to which a request for information relates is also
exempt information if—
(a) it constitutes personal data which do not fall within subsection (1),
and
(b) either the first or the second condition below is satisfied.
(3) The first condition is—
(a) in a case where the information falls within any of paragraphs (a) to
(d) of the definition of “data” in section 1(1) of the [1998 c. 29.]
Data Protection Act 1998, that the disclosure of the information to a
member of the public otherwise than under this Act would contravene—
(i) any of the data protection principles, or
(ii) section 10 of that Act (right to prevent processing likely to cause
damage or distress), and
(b) in any other case, that the disclosure of the information to a member
of the public otherwise than under this Act would contravene any of the
data protection principles if the exemptions in section 33A(1) of the
[1998 c. 29.] Data Protection Act 1998 (which relate to manual data held
by public authorities) were disregarded.

The names of officers deciding to deal with cases of ABH/GBH with a
caution are exempted by virtue of S40(2)(a)(b) and (3)(a)(i)(ii) as the
information to which this request relates is data as defined by Section 1,
paragraphs (a) to (d) of the Data Protection Act and disclosure would
contravene -
(i) Principle 1 of the Data Protection Act (processing of personal data
must be fair and lawful.
(ii) Section 10 of the Act (right to prevent processing likely to cause
damage or distress).

Reviewing this request, the conditions relevant for the purposes of
meeting Principle 1 of the Data Protection Act (DPA) are covered within
Schedule 2 of the DPA and those relevant to Freedom of Information
requests are Conditions 1 and 6.

Condition 1 requires consent of the data subject (the author) to meet
Principle 1 (fair and lawful) of the DPA. In this case, Condition 1 is not
met by virtue of Section 10 of the Data Protection Act as it is accepted
by the Commissioner that such a disclosure is likely to cause damage and
distress to the individuals to which this data would identify.

Condition 6 covers purposes for processing which are of legitimate
interest pursued by the Data Controller (Commissioner). In this case we
would argue that the legitimate expectations of the individuals
identifiable within the list requested is that their information will not
be disseminated within the public domain in relation to their day to day
duties. Their legitimate expectation would be that their personal
information which is held for a policing purpose will be treated
confidentially and not disclosed to the public in this way. Additionally,
we would argue that such a disclosure would not meet the qualifying test
under Article 8 of the Human Rights Act 1998 (HRA), as the disclosure is
not necessary in a democratic society in the interests of national
security, public safety or for the economic well-being of the country, for
the prevention of disorder or crime, for the prevention of health or
morals, or for the protection of the rights and freedoms of others and
would, therefore, prejudice the rights and freedoms afforded to
individuals under the Data Protection Act and Article 8 of the HRA.

Whereas the MPS appreciate that our officers are public facing and could
be identified during their duties, the officers making these decisions are
neither senior enough to be known in the public eye (e.g. the
Commissioner); or work on teams where their details must be advertised to
the public (e.g. Safer Neighbourhood Teams). These deciding officers will
have a greater expectation of privacy than those others mentioned.

If the names of these officers are published it could subject them to
unwarranted attention or harassment from those who feel they have been
dealt with too harshly by these officers, and from the victims, and their
associates, of those who feel an accused has been dealt with too lightly
by these officers.

It is recognised that the matter of disposal via caution for certain
offences is the subject of public debate at present brought to light via
methods including the recent BBC Panorama programme and there is strong
public interest in transparency. The MPS welcomes playing a part in the
debate and has already provided figures on the number of cautions being
given for these offence types. However the MPS cannot reasonably see how
placing the names of those officers making such disposal decisions would
add to this particular debate, this subject has had an intense amount of
public scrutiny. The MPS do not consider that there is a legitimate public
interest in this level of disclosure. Furthermore, the MPS do not
routinely publish the names of police officers, particularly those of
constable or sergeant rank and our police staff, and to disclose this
information under FOIA could have implications for criminal investigations
in the future especially if officers were to move from overt to covert
policing.

To conclude, the release of the information would breach the rights
afforded to the author by virtue of the Data Protection Act 1998 and the
Human Rights Act 1998, therefore, the request is refused under Section 40
(2)(a)(b) and (3)(a)(i)(ii) of the Freedom of Information Act 2000.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to make a complaint.

Should you have any further enquiries concerning this matter, please
contact me on 02071613131 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Thomas Waller
Performance Information Helpdesk

In complying with their statutory duty under sections 1 and 11 of the
Freedom of Information Act 2000 to release the enclosed information, the
Metropolitan Police Service will not breach the Copyright, Designs and
Patents Act 1988. However, the rights of the copyright owner of the
enclosed information will continue to be protected by law. Applications
for the copyright owner's written permission to reproduce any part of the
attached information should be addressed to MPS Directorate of Legal
Services, 1st Floor (Victoria Block), New Scotland Yard, Victoria, London,
SW1H 0BG.
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 the Metropolitan Police Service (MPS) 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
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make 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 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

show quoted sections