Public Interest Test – 13115/18
Applicable Exemptions
Section 31(1)(g) - Investigations and Proceedings conducted by a public authority
Harm
West Midlands Police must be given the space to conduct investigations into our own
employees, or to commission someone to investigate them on our behalf, without releasing
the full findings into the public domain. Those accused of misconduct would expect to have
the matter investigated properly and for information to be treated accordingly within the
accepted rules. It would be reasonable for them to expect that any disclosure would be dealt
with according to accepted procedures and no differently to any other disclosure of this type.
It is essential that when conducting these investigations our employees are open and
honest, without fear that what they have said will be reported in the public domain. We would
not want to release any information that would have a detrimental effect on the thoroughness
of these investigations.
Any person who reports these types of issues, or gives statements regarding them, would
expect that information provided by them will only be used for appropriate purposes – that is
the investigation of the facts and circumstances of any alleged misconduct. It is reasonable
that any person giving a statement in this case would expect that that the confidentiality of
any information they gave will be maintained, particularly given the sensitive nature of these
allegations.
Considerations that favour disclosure
The public must have confidence in the police force that has responsibilities for enforcing the
law. This is especially the case when the information concerned relates to allegations of
misconduct regarding its own officers. There is a general public interest in disclosing
information that promotes accountability and transparency in order to maintain that
confidence.
Disclosing information about these investigations would provide a greater transparency in
the investigating process and professional standards within the force. It is clear that there is
a public interest in public authorities operating in as transparent a manner as possible, as
this should ensure they operate effectively and efficiently.
Considerations that favour non-disclosure
Our employees and the general public must be confident that information provided during
the course of an investigation will only be used for relevant purposes. Disclosure would
therefore undermine the cooperation and openness of individuals and have a detrimental
effect on efficiency and effectiveness of police investigations.
Anyone reporting misconduct must be confident that WMP are committed to ensuring that
information provided by them will only be used for appropriate purposes and that the
confidentiality of any information given will be maintained. Therefore, they should be assured
that WMP would never provide information that would breach confidentiality.
There is an inherently strong public interest in public authorities carrying out these types of
investigations. This ensures misconduct is identified and dealt with appropriately and that the
necessary checks and balances are in place.
Balance Test
There are appeals processes built into the PSD system which can be exercised by those
involved should they disagree with the findings. These mechanisms reduce the public benefit
in releasing detailed investigative material into the public domain. There are already
mechanisms for external scrutiny of these investigations which do not necessitate the
publication into the public domain of personal data.
WMP actively publish information via the Professional Standards website to advise of
misconduct hearings, therefore, information deemed appropriate for release is already
available to the public at the time it is relevant.
Having considered the arguments for and against release, the public interest test favours
non-release of material which directly impacts on any on-going or future investigations.