Child Sexual Abuse Operations

The request was partially successful.

Dear Cheshire Constabulary,

Please could you list the names of the current Cheshire Police
child sexual abuse Operations, the date it started, the approximate number of police and staff assigned to it and a brief description of each operation

Yours faithfully,

Cathy Fox

Freedom of Information,

Dear Miss Fox

 

I acknowledge receipt of your correspondence received 20/09/2015 which is
being dealt with as a request for information in accordance with the
Freedom of Information Act 2000.

 

I am in the process of dealing with your request and will respond in due
course and in any case by 16/10/2015. Please contact us by e-mail at
[Cheshire Constabulary request email] if you have any further enquiries.

 

Regards

 

 

Tracey Evanson, Freedom of Information Compliance Officer

Information Compliance| Cheshire Constabulary HQ | Clemonds Hey |

Oakmere Road | Winsford | Cheshire | CW7 2UA |

(Office: 01606 364176

 

This communication is intended for the addressee(s) only.
Please notify the sender if received in error. Internet email
is not to be treated as a secure means of communication.
The Constabulary monitors all Internet and email activity
and requires it is used for official communications only. Thank
you for your co-operation.

Freedom of Information, Cheshire Constabulary

1 Attachment

Dear Miss Fox

 

I refer to your recent request for information under the Freedom of
Information Act 2000, as set out below:

 

Please could you list the names of the current Cheshire Police

child sexual abuse Operations, the date it started, the approximate number
of police and staff   assigned to it and a brief description of each
operation

 

In accordance with section 1(1) (b) of the Act, our response is as
follows:

 

Some of the information that you have requested is already accessible by
other means and is therefore exempt in accordance with Section 21 of the
Freedom of Information Act 2000: Please see the following links;

 

[1]http://www.stokesentinel.co.uk/Police-se...

 

[2]http://nyenquirer.uk/operation-yewtree-a...

 

[3]http://www.dailymail.co.uk/news/article-...

 

In addition, and irrespective of what other information you may or may not
hold, this request will require a partial neither confirm nor deny stance
by virtue of Section 23(5) Information supplied by, or concerning, certain
Security Bodies.  A form of words for this can be found below:
Cheshire Police can neither confirm nor deny that it holds information
relevant to questions 1&3, and also with regard to any other information
that may or may not be held relating to question 2 as the duty in Section
1(1)(a) of the Freedom of Information Act 2000 does not apply by virtue of
the following exemptions:
Section 23(5) Information Supplied by, or concerning, certain Security
Bodies
Section 30(3) Investigations (by virtue of Section 30(2))
Section 31(3) Law Enforcement (by virtue of Section 31(1))
Section 40(5) Personal Information
Section 23 is a class based absolute exemption and there is no requirement
to consider the public interest in this case.  Confirming or denying
existence of information held would contravene the constrictions laid out
with Section 23 of the Freedom of Information Act 2000 in that this
stipulates a generic bar on disclosure of any information applied by, or
concerning, certain Security Bodies.
Section 30 is a class based qualified exemption.  There is a requirement
to consider the public interest to ensure neither confirming nor denying
that information is held is appropriate.
Section 31 is a prejudice based qualified exemption which means the
evidence of harm ‘prejudice’ needs to be evidenced and the public interest
considered to ensure neither confirming nor denying information is held is
appropriate.

 

Harm in Confirming or Denying that Information is held (Section 31)
Any release under the Freedom of Information Act is a disclosure to the
world, not just to the individual making the request.  To confirm or not
that information is held with regard to currently active investigations by
Cheshire Police into offences of child sexual exploitation would be
inappropriate as it would reveal actual policing activity.
In this case it is identified that the impact of confirming or denying
information is held has potential to undermine ongoing investigations.  In
addition, the partnership approach between national agencies and law
enforcement agencies would also be compromised which would affect the
effective delivery of operational law enforcement by all partnerships
involved in an investigation. 

If this request was received nationally, confirming or denying that
information exists would reveal a national activity schedule for
investigations into these types of offences and could lead to offenders
destroying evidence to avoid apprehension and going ‘underground’ by
moving to another area which they feel would be ‘safer’ to carry out their
offending behaviour.  This would ultimately place the safety of
individuals at an increased risk. 
Public Interest Considerations
Section 30
Factors favour complying with Section 1(1)(a)
The Police Service is charged with enforcing the law, preventing and
detecting crime and protecting the communities we serve.  Confirming that
information exists could promote public trust in providing transparency
and demonstrating openness and accountability into where the police are
currently focusing their investigations.  It could also provide
reassurance to the public that xxxx Police conduct investigations
appropriately.  Confirmation may allow the public to have a better
understanding of the effectiveness of the Police Service. 
The issue of child sexual exploitation is a highly emotive subject area
often attracting high profile media and public interest connotations. 
Confirmation or denial that information exists could provide reassurance
to the general public.
Factors against complying with Section 1(1)(a)
Modern-day policing is intelligence led and Cheshire Police share
information with other law enforcement agencies as part of their
investigative process.  To confirm or not where investigations into
offences described within the request are active, could hinder the
prevention and detection of crime as well as undermine the partnership
approach to investigations and law enforcement.
Should offenders take evasive action to avoid detection police resources
may well be diverted from frontline duties and other areas of policing in
order to locate and apprehend these individuals.  In addition the safety
of individuals and victims would be compromised.

Balancing Test
Public safety and the ability to deliver effective law enforcement is of
paramount importance.  Confirmation or denial (by citing an exemption or
stating no information held) would undoubtedly compromise both law
enforcement and the health and safety of an individual.  Therefore, at
this moment in time, it is our opinion that for these issues the balancing
test against confirming whether information is or isn’t held is not made
out.   

No inference can be taken from this refusal that the information you have
requested does or does not exist. 

 

If I can be any further assistance in this matter, please do not hesitate
to contact me.

 

If you are not satisfied with the decision applied in this case I enclose
for your attention a copy of the Constabulary's appeal procedures.

 

Regards

 

Sarah Davies, Freedom of Information Officer

Information Compliance| Cheshire Constabulary HQ | Clemonds Hey |

Oakmere Road | Winsford | Cheshire | CW7 2UA | (Office: 01606 366556

 

 

Important Notice for Journalists

Disclosure of the enclosed information is in pursuant of the Cheshire
Constabulary's duty under Sections 1 and 11 of the Freedom of Information
Act 2000. This consists of copies of or extracts from recorded
information. When re publishing this information it should be made clear
in any article that the source of the information is in response to a
request under the Act. Officers supplying the information are not
Constabulary spokespersons and must not be quoted as though they were. 
Journalists are invited to make contact with the Cheshire Police Press
Desk on 01606 365945 should they wish to put into context their FOI data
with an official comment from a police spokesperson in the business area
they have sought information on.

 

Cheshire Constabulary in complying with their statutory duty under
sections 1 and 11 of the Freedom of Information Act 2000 to release the
enclosed information 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 The Force Solicitor, Cheshire
Constabulary HQ, Clemonds Hey, Oakmere Road, Winsford, Cheshire, CW7 2UA

 

 

 

This communication is intended for the addressee(s) only.
Please notify the sender if received in error. Internet email
is not to be treated as a secure means of communication.
The Constabulary monitors all Internet and email activity
and requires it is used for official communications only. Thank
you for your co-operation.

References

Visible links
1. http://www.stokesentinel.co.uk/Police-se...
2. http://nyenquirer.uk/operation-yewtree-a...
3. http://www.dailymail.co.uk/news/article-...