Dear D Moore

FREEDOM OF INFORMATION REQUEST REFERENCE NO: 311904

Thank you for your request for information which was received on 16^th
February 2024.  Your request will now be considered in accordance with the
Freedom of Information Act 2000 (“the Act”).

We will aim to provide a response to your request within 20 working days
as stipulated by the Act.  Delays happen on occasion but if this is the
case you will be kept up to date.

Yours sincerely

Information Compliance Assistant | Information Compliance Unit  | West
Mercia Police

Hindlip Hall Police Headquarters, Hindlip Hall, Worcester, WR3 8SP
Team email: [1][email address]

References

Visible links
1. mailto:[email address]

Dear D Moore

FREEDOM OF INFORMATION REQUEST REFERENCE NO:  311904

With reference to your request for information which was received on 16^th
February 2024.

I apologise for the delay in responding to your FOI request and for any
inconvenience caused.  Every effort is being made to process requests
within statutory deadlines but delays have on occasion been unavoidable. 
We will provide you with a response to your request as soon as is
practicable.

Please advise us if you no longer require this information.

Your complaint rights are outlined below should you be unsatisfied.

Kind regards

Information Compliance Assistant | Information Compliance Unit  

West Mercia Police 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, West Mercia Police
Headquarters, PO Box 55, Hindlip, Worcester, WR3 8SP.

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?  Prior to making a complaint, you are welcome and
encouraged to discuss the decision with the person that dealt with your
request.  They will be able to discuss the decision, explain any issues
and assist with any problems.

If you remain unsatisfied about the handling or decision of your request
for information under the Freedom of Information Act 2000 (the Act), you
can ask West Mercia Police (WMP) to review their decision.  This is called
an internal review.

Internal review

WMP must be notified of your request for an internal review within 40
working days of the date of its response to your freedom of information
request.  Requests for an internal review should be made in writing and
emailed to:  [1][email address]

Alternatively, you can write to:

Information Compliance Unit

West Mercia Police Headquarters

PO Box 55

Hindlip Hall

Hindlip

Worcester

WR3 8SP

In all possible circumstances, WMP will respond to your internal review
within 20 working days.

The Information Commissioner

If after receiving a reply to your internal review you are still
dissatisfied with the decision, you can appeal to the Information
Commissioner (ICO) 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 appeal to the ICO please visit their
[2]website.  Alternatively, you can contact the ICO in writing or via
phone:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel:  0303 123 1113

References

Visible links
1. mailto:[West Mercia Police request email]
2. https://ico.org.uk/

Dear D Moore,

FREEDOM OF INFORMATION REQUEST REFERENCE NO: 311904

I write in connection with your request for information which was received
on 16^th February 2024.  Please find below the response to your request:

On page 145 of 'An inspection of vetting, misconduct, and misogyny in the
police service' published by HMICFRS it states:

"The Counter-Corruption (Intelligence) APP lists 12 categories of
corruption-related intelligence. It is good practice for forces to use
these categories when recording intelligence. All forces should do this
consistently to help them understand the threats they face."

The categories are listed on page 146:

"• infiltration;

• disclosure of information;

• perverting the course of justice;

• sexual misconduct;

• controlled drug use and supply;

• theft and fraud;

• misusing force systems;

• abuse of authority;

• inappropriate association;

• vulnerability;

• commit, incite, aid, and abet, or assist an offender in the commission
of, a crime; and • other [corruption-related intelligence not categorised
elsewhere]."

[1]https://gbr01.safelinks.protection.outlo...

1. For the year 2022/23, please provide the figures recorded in each of
the 12 categories.

2. If you do not use these categories, please provide details of the
categories you use and related figures for 2022/23.

Reply

I can advise that West Mercia Police do use the categories; however, your
request for the statistical information by category is being withheld from
disclosure.

Section 17 of the Freedom of Information Act 2000 requires West Mercia
Police, when refusing to provide such information (because the information
is exempt) to provide the applicant with a notice which:

(a) states that fact,

(b) specifies the exemption in question and

(c) states (if that would not otherwise be apparent) why the exemption
applies.

The exemption applicable in this case is:

·         Section 31(1)(a) Law Enforcement

Section 31 is a prejudice based qualified exemption and as such there is a
requirement to provide details of the harm as well as the public interest
test.

Harm – s31(1)(a)(b)

Disclosures made under the Act are published by West Mercia Police placing
them into the public domain. Should the force release a breakdown of the
corruption related intelligence recorded in financial year 2022/23, this
would make available to those that are either corrupt, would seek to
corrupt police employees or engage in criminal or inappropriate/unethical
conduct, with details of West Mercia Police intelligence picture in this
area. This information would assist persons that seek to commit criminal
offences or engage in inappropriate/unethical conduct to continue to do
so. This would hinder the ability of the police to prevent and/or detect
crime or apprehend or prosecute offenders, contrary to the public
interest.

It should also be noted that disclosures under the Act can appear
innocuous but when pieced together with other disclosures under the Act,
published material and/or information gleaned about police
counter-corruption work, can be used in a ‘mosaic’ way to create a picture
for those wishing to commit offences.

Public Interest Test

Considerations Favouring Disclosure - West Mercia Police is a public
authority and is ultimately accountable to the general public. When any
request for information is made to the police, it is important that the
force is transparent, where possible, in responding to that request for
information. Disclosing a breakdown of corruption related intelligence
recorded in financial year 2022/23, would reinforce our commitment to
greater openness and transparency with the general public.

West Mercia Police is granted extraordinary powers in preventing and
detecting crime. There is a very clear public interest in providing as
much information about the way in which the force ensures that its
employees maintain the highest standards of professionalism and integrity.
Release of the requested information would accordingly facilitate informed
public debate.

Considerations Favouring Non-Disclosure - Police intelligence is an
essential tool that enables the police to prevent and detect crime and
apprehend those responsible for committing offences. In this context of
corruption related intelligence, this information is pivotal in
identifying those who are corrupt, seek to corrupt police employees, or
otherwise engage in criminal or inappropriate/unethical conduct.

Balance test

When considering whether the release of information is in the public
interest, I have to consider whether the public interest is in favour of
releasing information into the public domain or whether there is
sufficient reason to support withholding the requested information. Having
considered your request, I accept that there is a public interest in
openness and transparency when any request is made for police information.
I also accept that there is a public interest in the release of
information about the intelligence West Mercia Police recorded in the area
of corruption, given the extraordinary powers granted powers to police in
society.

The public interest favouring release must be balanced against any
associated risk and/or prejudice that would be caused by disclosure.
Having carefully considered this, I have found that corruption related
intelligence is an important tool available to police in identifying those
that are corrupt, seek to corrupt police employees or otherwise engage in
criminal or inappropriate/unethical conduct. The public provision of the
detail of the intelligence, even in category form, would be likely to
assist persons that seek to commit criminal offences or engage in
inappropriate/unethical conduct to continue to do so. This would hinder
the ability of the force to prevent and/or detect crime or apprehend
offenders, contrary to the public interest.

Having carefully considered your request, I have found that the public
interest remains in ensuring that West Mercia Police is able to withhold
information that would hinder its ability to root out the corrupt, those
that seek to corrupt police employees or otherwise engage in
inappropriate/unethical conduct. The information requested is therefore
refused for this reason.

West Mercia Police can neither confirm nor deny that it holds any other
information relevant to this request, as the duty in Section 1(1)(a) of
the Freedom of Information Act 2000 does not apply by virtue of Section
23(5) Information Supplied by, or concerning, certain Security Bodies.

Section 23 is a class based absolute exemption and there is no requirement
to consider the public interest in this case.  Confirming or denying the
existence of whether any other information is held would contravene the
constrictions laid out within 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.

Please accept my apologies for the delay in responding to your request.

Your attention is drawn to the below which details your right of
complaint.

Should you have any further enquiries concerning this matter, please
contact the Information Compliance Unit quoting the reference number
above.

Yours sincerely,

Information Compliance Officer | Information Compliance Unit  | West
Mercia Police

Hindlip Hall Police Headquarters, Hindlip Hall, Worcester, WR3 8SP

Team email: [2][email address]

West Mercia Police 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, West Mercia Police
Headquarters, PO Box 55, Hindlip, Worcester, WR3 8SP.

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?  Prior to making a complaint, you are welcome and
encouraged to discuss the decision with the person that dealt with your
request.  They will be able to discuss the decision, explain any issues
and assist with any problems.

If you remain unsatisfied about the handling or decision of your request
for information under the Freedom of Information Act 2000 (the Act), you
can ask West Mercia Police (WMP) to review their decision.  This is called
an internal review.

Internal review

WMP must be notified of your request for an internal review within 40
working days of the date of its response to your freedom of information
request.  Requests for an internal review should be made in writing and
emailed to:  [3][email address]

Alternatively, you can write to:

Information Compliance Unit

West Mercia Police Headquarters

PO Box 55

Hindlip Hall

Hindlip

Worcester

WR3 8SP

In all possible circumstances, WMP will respond to your internal review
within 20 working days.

The Information Commissioner

If after receiving a reply to your internal review you are still
dissatisfied with the decision, you can appeal to the Information
Commissioner (ICO) 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 appeal to the ICO please visit their
[4]website.  Alternatively, you can contact the ICO in writing or via
phone:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel:  0303 123 1113

References

Visible links
1. https://hmicfrs.justiceinspectorates.gov...
2. mailto:[email address]
3. mailto:[West Mercia Police request email]
4. https://ico.org.uk/

Dear D. Moore

FREEDOM OF INFORMATION REQUEST REFERENCE NO: 323890

Thank you for your request for information which was received on 9^th
April 2024.  Your request will now be considered in accordance with the
Freedom of Information Act 2000 (“the Act”).

We will aim to provide a response to your request within 20 working days
as stipulated by the Act.  Delays happen on occasion but if this is the
case you will be kept up to date.

Yours sincerely

Sue Cale
Information Compliance Assistant | Information Compliance Unit  | West
Mercia Police

Hindlip Hall Police Headquarters, Hindlip Hall, Worcester, WR3 8SP
Direct Dial: 01905 331545 Ext: 7772545

Team email: [1][email address]

References

Visible links
1. mailto:[email address]

Dear D Moore,

FREEDOM OF INFORMATION REQUEST REFERENCE NO: 323890

I write in connection with your request for information which was received
on 9^th April 2024.  Please find below the response to your request:

I wish to revise my request by changing the year from 2022/23 to 2020/21.

On page 145 of 'An inspection of vetting, misconduct, and misogyny in the 
police service' published by HMICFRS it states:

 "The Counter-Corruption (Intelligence) APP lists 12 categories of 
corruption-related intelligence. It is good practice for forces to use 
these categories when recording intelligence. All forces should do this 
consistently to help them understand the threats they face."

 The categories are listed on page 146:

 "• infiltration;

 • disclosure of information;

 • perverting the course of justice;

 • sexual misconduct;

 • controlled drug use and supply;

 • theft and fraud;

 • misusing force systems;

 • abuse of authority;

 • inappropriate association;

 • vulnerability;

 • commit, incite, aid, and abet, or assist an offender in the commission 
of, a crime; and • other [corruption-related intelligence not categorised 
elsewhere]."

 [1][1]https://gbr01.safelinks.protection.outlo...

 1. For the year 2020/21, please provide the figures recorded in each of 
the 12 categories.

 2. If you do not use these categories, please provide details of the 
categories you use and related figures for 2020/21.

Reply

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities.  Unless exemptions apply, the first duty at
s1(1)(a) is to confirm or deny whether the information specified in a
request is held.  The second duty at s1(1)(b) is to disclose information
that has been confirmed as being held.  Where exemptions are relied upon
Section 17 of the FOIA requires that we provide the applicant with a
notice which: a) states that fact; b) specifies the exemptions in question
and c) state (if that would not otherwise be apparent) why the
exemption(s) applies.

West Mercia Police neither confirms nor denies that it holds information
relevant to this request by virtue of the following exemption:

Section 30 (3)    Investigations and Proceedings Conducted by Public
Authorities

Section 30(3) – Investigations and Proceedings Conducted by Public
Authorities

S.30 (3) is a qualified, class-based exemption and requires me to carry
out a public interest test.  There is no requirement to evidence harm.

Public Interest Considerations

Factors favouring complying with s1(1)(a) confirming information is held

West Mercia Police is charged with enforcing the law, preventing and
detecting crime and protecting the communities we serve.  Disclosure of
this information could promote public trust in providing transparency and
demonstrating openness and accountability into how the investigation took
place.  It could also provide reassurance to the public that the Police
Service takes all reports of an offence being committed seriously and
conducts investigations appropriately.  To confirm information is held
could allow the public to have a better understanding of the effectiveness
of the West Mercia Police.

Factors against complying with s1(1)(a) neither confirming nor denying
that information is held

The disclosure of this information would prejudice an investigation and
the right to a fair trial would be undermined.

To disclose specific details on an investigation could hamper the Force's
ability to conduct such inquiries in the future, as it would be known
exactly what types of enquiries would be made to establish whether any
criminality was involved.

It is the Association of Chief Police Officer’s approach that information
relating to an investigation will rarely be disclosed under the provisions
of the Freedom of Information Act. Whilst such information may be released
in order to serve a ‘tangible community benefit’ it will only be disclosed
following a Freedom of Information request if there are strong public
interest considerations favouring disclosure. The further the
considerations favouring disclosure are from a tangible community benefit,
the lighter the considerations will be. In this case it is not felt that
disclosure of the requested information will serve any tangible community
benefit.

Balancing Test

West Mercia Police is charged with enforcing the law, preventing and
detecting crime and protecting the communities we serve.  Whilst there is
a public interest in the transparency of policing investigations,
providing reassurance that the Police Service is appropriately and
effectively engaging with the threat from criminals, the Police Service
will never disclosure information in relation to an investigation where
that investigation would be prejudiced or undermine the right to a fair
trial as this would damage the criminal justice process.

It is for this reason that the public interest favours non-disclosure.

No inference can be taken from this refusal that information does or does
not exist.

Your attention is drawn to the below which details your right of
complaint.

Should you have any further enquiries concerning this matter, please
contact the Information Compliance Unit quoting the reference number
above.

Yours sincerely,

Information Compliance Officer

Information Compliance Unit  

West Mercia Police

Hindlip Hall Police Headquarters, Hindlip Hall, Worcester, WR3 8SP
Direct Dial: 01905 331565 Ext. 7772565

Team email: [2][email address]

[3]Email Sign Off

You can report non-urgent crime via our website. Always dial 999 in an
emergency.

Please visit our website for information or assistance, or follow our
social media accounts for police news in your area.

This email may contain information that is privileged, sensitive, or
otherwise protected from disclosure.  Any unauthorised use, disclosure,
copying or alteration of this email is strictly forbidden without express
authorisation from West Mercia Police.  This email is intended for the
recipient(s) only; please notify the sender immediately if received in
error. Email activity is regularly monitored, including the content.
Internet email is not to be treated a secure means of communication.
Expressed views or opinions do not necessarily represent those of West
Mercia Police.

West Mercia Police 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, West Mercia Police
Headquarters, PO Box 55, Hindlip, Worcester, WR3 8SP.

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?  Prior to making a complaint, you are welcome and
encouraged to discuss the decision with the person that dealt with your
request.  They will be able to discuss the decision, explain any issues
and assist with any problems.

If you remain unsatisfied about the handling or decision of your request
for information under the Freedom of Information Act 2000 (the Act), you
can ask West Mercia Police (WMP) to review their decision.  This is called
an internal review.

Internal review

WMP must be notified of your request for an internal review within 40
working days of the date of its response to your freedom of information
request.  Requests for an internal review should be made in writing and
emailed to:  [4][email address]

Alternatively, you can write to:

Information Compliance Unit

West Mercia Police Headquarters

PO Box 55

Hindlip Hall

Hindlip

Worcester

WR3 8SP

In all possible circumstances, WMP will respond to your internal review
within 20 working days.

The Information Commissioner

If after receiving a reply to your internal review you are still
dissatisfied with the decision, you can appeal to the Information
Commissioner (ICO) 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 appeal to the ICO please visit their
[5]website.  Alternatively, you can contact the ICO in writing or via
phone:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel:  0303 123 1113

References

Visible links
1. https://hmicfrs.justiceinspectorates.gov...
2. mailto:[email address]
4. mailto:[West Mercia Police request email]
5. https://ico.org.uk/

Dear D Moore,

FREEDOM OF INFORMATION REQUEST REFERENCE NO:  311904 – Internal review

I acknowledge receipt of your email of 1 May 2024 requesting an internal
review of your FOI request.

You will receive a response within 20 working days unless there are
exceptional circumstances.

Should you have any further enquiries concerning this matter, please
contact the Information Compliance Unit quoting the reference number
above.

Kind regards,

David

David Cole
Information Compliance Supervisor | Information Compliance Unit | West
Mercia Police

PO Box 55, West Mercia Police Headquarters, Hindlip Hall, Worcester, WR3
8SP
Direct dial:  01905 331785 | Ext. 7772785

Team email:  [1][email address]

[2]Email Sign Off

You can report non-urgent crime via our website. Always dial 999 in an
emergency.

Please visit our website for information or assistance, or follow our
social media accounts for police news in your area.

This email may contain information that is privileged, sensitive, or
otherwise protected from disclosure.   Any unauthorised use, disclosure,
copying or alteration of this email is strictly forbidden without express
authorisation from West Mercia Police.  This email is intended for the
recipient(s) only; please notify the sender immediately if received in
error.  Email activity is regularly monitored, including the content.
Internet email is not to be treated a secure means of communication. 
Expressed views or opinions do not necessarily represent those of West
Mercia Police.

West Mercia Police 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, West Mercia Police
Headquarters, PO Box 55, Hindlip, Worcester, WR3 8SP.

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?  Prior to making a complaint, you are welcome and
encouraged to discuss the decision with the person that dealt with your
request.  They will be able to discuss the decision, explain any issues
and assist with any problems.

If you remain unsatisfied about the handling or decision of your request
for information under the Freedom of Information Act 2000 (the Act), you
can ask West Mercia Police (WMP) to review their decision.  This is called
an internal review.

Internal review

WMP must be notified of your request for an internal review within 40
working days of the date of its response to your freedom of information
request.  Requests for an internal review should be made in writing and
emailed to:  [3][email address]

Alternatively, you can write to:

Information Compliance Unit

West Mercia Police Headquarters

PO Box 55

Hindlip Hall

Hindlip

Worcester

WR3 8SP

In all possible circumstances, WMP will respond to your internal review
within 20 working days.

The Information Commissioner

If after receiving a reply to your internal review you are still
dissatisfied with the decision, you can appeal to the Information
Commissioner (ICO) 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 appeal to the ICO please visit their
[4]website.  Alternatively, you can contact the ICO in writing or via
phone:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel:  0303 123 1113

show quoted sections

Dear D Moore,

FREEDOM OF INFORMATION REQUEST REFERENCE NO:  311904 – Internal review

I write further to your email of 1 May 2024 requesting an internal review
of your FOI request.

Request for internal review

You have sought an internal review of the decision made in relation to
your request for information.

Decision of internal review

Having reviewed your original FOI request and the reasons for refusal I
have determined that the exemption used in refusing your request for
information and the reasoning given by the Decision Maker are correct.

The harm and public interest considerations for s.31(1)(a)(b) Freedom of
Information Act 2000 (“the Act”) were outlined fully in the original
response.  I would point out that West Mercia Police do use these
categories and this information is held – the use of s.31 in this instance
is a substantive exemption rather than neither confirming nor denying
(NCND).  The NCND is in relation to any information that may, or may not,
be held in relation to security bodies (s.23(5) of the Act) – West Mercia
Police will neither confirm nor deny this.

Whilst there is a clear public interest in disclosing this information for
the sake of openness and transparency and ensuring that the public are
aware that the police are engaged in counter-corruption work this has to
be balanced with arguments against disclosure.  Disclosing these
corruption-related statistics by category will provide those who are, or
who are seeking to, corrupt with a breakdown of how much and what type of
intelligence has been received by West Mercia Police’s Anti-Corruption
Unit.  This will hinder West Mercia Police’s ability to prevent and detect
crime and prosecute offenders which is against the public interest.

Disclosures made under FOI are ‘to the world’ and these type of requests
are of interest to Organised Crime Groups who would find it very useful to
know if West Mercia Police had any intelligence in respect of a particular
category.  This information could then subsequently be used to alter
behaviour or destroy evidence to evade detection which would in turn
undermine any prosecution.  The balance favours non-disclosure and West
Mercia Police will not be disclosing this information.

If you remain unsatisfied with the outcome of this internal review you
have the right to apply to the Information Commissioner.  Their contact
details are outlined below.

Kind regards,

David

David Cole
Information Compliance Supervisor | Information Compliance Unit | West
Mercia Police

PO Box 55, West Mercia Police Headquarters, Hindlip Hall, Worcester, WR3
8SP
Direct dial:  01905 331785 | Ext. 7772785

Team email:  [1][email address]

[2]Email Sign Off

You can report non-urgent crime via our website. Always dial 999 in an
emergency.

Please visit our website for information or assistance, or follow our
social media accounts for police news in your area.

This email may contain information that is privileged, sensitive, or
otherwise protected from disclosure.   Any unauthorised use, disclosure,
copying or alteration of this email is strictly forbidden without express
authorisation from West Mercia Police.  This email is intended for the
recipient(s) only; please notify the sender immediately if received in
error.  Email activity is regularly monitored, including the content.
Internet email is not to be treated a secure means of communication. 
Expressed views or opinions do not necessarily represent those of West
Mercia Police.

The Information Commissioner

If after receiving a reply to your internal review you are still
dissatisfied with the decision, you can appeal to the Information
Commissioner (ICO) 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 appeal to the ICO please visit their
[3]website.  Alternatively, you can contact the ICO in writing or via
phone:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel:  0303 123 1113

References

Visible links
1. mailto:[email address]
3. https://ico.org.uk/

Dear D Moore,

FREEDOM OF INFORMATION REQUEST REFERENCE NO:  323890 – Internal review

I write further to your email of 22 May 2024 requesting an internal review
of your FOI request.

Request for internal review

You have sought an internal review of the decision made in relation to
your request for information.

Decision of internal review

Having reviewed your FOI request and the response provided, I am issuing
you with a fresh response.  Please treat the original response as
erroneous.

Your request

I wish to revise my request by changing the year from 2022/23 to 2020/21. 
[Original request below.]

On page 145 of 'An inspection of vetting, misconduct, and misogyny in the 
police service' published by HMICFRS it states:

"The Counter-Corruption (Intelligence) APP lists 12 categories of 
corruption-related intelligence. It is good practice for forces to use 
these categories when recording intelligence. All forces should do this 
consistently to help them understand the threats they face."

The categories are listed on page 146:

"• infiltration;

• disclosure of information;

• perverting the course of justice;

• sexual misconduct;

• controlled drug use and supply;

• theft and fraud;

• misusing force systems;

• abuse of authority;

• inappropriate association;

• vulnerability;

• commit, incite, aid, and abet, or assist an offender in the commission 
of, a crime; and • other [corruption-related intelligence not categorised 
elsewhere]."

[1]https://gbr01.safelinks.protection.outlo...

1. For the year 2022/23, please provide the figures recorded in each of 
the 12 categories.

2. If you do not use these categories, please provide details of the 
categories you use and related figures for 2022/23.

Reply

West Mercia Police do use these categories and this information is held.

The information you have requested is, however, exempt from disclosure
under s.31(1)(a)(b) Freedom of Information Act 2000 (“the Act”).

·         Section 31(1)(a)(b) Law Enforcement

S.31 is a prejudice based qualified exemption and as such there is a
requirement to provide details of the harm as well as the public interest
test.

Harm

Disclosures made under the Act are published by West Mercia Police placing
them into the public domain. Should the force release a breakdown of the
corruption related intelligence recorded in financial year 2020/21, this
would make available to those that are either corrupt, would seek to
corrupt police employees or engage in criminal or inappropriate/unethical
conduct, with details of West Mercia Police intelligence picture in this
area. This information would assist persons that seek to commit criminal
offences or engage in inappropriate/unethical conduct to continue to do
so. This would hinder the ability of the police to prevent and/or detect
crime or apprehend or prosecute offenders, contrary to the public
interest.

It should also be noted that disclosures under the Act can appear
innocuous but when pieced together with other disclosures under the Act,
published material and/or information gleaned about police
counter-corruption work, can be used in a ‘mosaic’ way to create a picture
for those wishing to commit offences.

Public Interest Test

Considerations Favouring Disclosure - West Mercia Police is a public
authority and is ultimately accountable to the general public. When any
request for information is made to the police, it is important that the
force is transparent, where possible, in responding to that request for
information. Disclosing a breakdown of corruption related intelligence
recorded in financial year 2020/21, would reinforce our commitment to
greater openness and transparency with the general public.

West Mercia Police is granted extraordinary powers in preventing and
detecting crime. There is a very clear public interest in providing as
much information about the way in which the force ensures that its
employees maintain the highest standards of professionalism and integrity.
Release of the requested information would accordingly facilitate informed
public debate.

Considerations Favouring Non-Disclosure - Police intelligence is an
essential tool that enables the police to prevent and detect crime and
apprehend those responsible for committing offences. In this context of
corruption related intelligence, this information is pivotal in
identifying those who are corrupt, seek to corrupt police employees, or
otherwise engage in criminal or inappropriate/unethical conduct.

Balance test

When considering whether the release of information is in the public
interest, I have to consider whether the public interest is in favour of
releasing information into the public domain or whether there is
sufficient reason to support withholding the requested information. Having
considered your request, I accept that there is a public interest in
openness and transparency when any request is made for police information.
I also accept that there is a public interest in the release of
information about the intelligence West Mercia Police recorded in the area
of corruption, given the extraordinary powers granted to police in
society.

The public interest favouring release must be balanced against any
associated risk and/or prejudice that would be caused by disclosure.
Having carefully considered this, I have found that corruption related
intelligence is an important tool available to police in identifying those
that are corrupt, seek to corrupt police employees or otherwise engage in
criminal or inappropriate/unethical conduct. The public provision of the
detail of the intelligence, even in category form, would be likely to
assist persons that seek to commit criminal offences or engage in
inappropriate/unethical conduct to continue to do so. This would hinder
the ability of the force to prevent and/or detect crime or apprehend
offenders, contrary to the public interest.

Having carefully considered your request, I have found that the public
interest remains in ensuring that West Mercia Police is able to withhold
information that would hinder its ability to root out the corrupt, those
that seek to corrupt police employees or otherwise engage in
inappropriate/unethical conduct. The information requested is therefore
refused for this reason.

Under s.17(1) this acts as a Refusal Notice.

West Mercia Police can neither confirm nor deny that it holds any other
information relevant to this request, as the duty in s.1(1)(a) of the Act
does not apply by virtue of s.23(5) Information Supplied by, or
concerning, certain Security Bodies.

Section 23 is a class based absolute exemption and there is no requirement
to consider the public interest in this case.  Confirming or denying the
existence of whether any other information is held would contravene the
constrictions laid out within s.23 of the Act in that this stipulates a
generic bar on disclosure of any information applied by, or concerning,
certain Security Bodies.

Under s.17(4) this acts as a Refusal Notice.

If you remain unsatisfied with the outcome of this internal review you
have the right to apply to the Information Commissioner.  Their contact
details are outlined below.

Kind regards,

David

David Cole
Information Compliance Supervisor | Information Compliance Unit | West
Mercia Police

PO Box 55, West Mercia Police Headquarters, Hindlip Hall, Worcester, WR3
8SP
Direct dial:  01905 331785 | Ext. 7772785

Team email:  [1][email address]

[2]Email Sign Off

You can report non-urgent crime via our website. Always dial 999 in an
emergency.

Please visit our website for information or assistance, or follow our
social media accounts for police news in your area.

This email may contain information that is privileged, sensitive, or
otherwise protected from disclosure.   Any unauthorised use, disclosure,
copying or alteration of this email is strictly forbidden without express
authorisation from West Mercia Police.  This email is intended for the
recipient(s) only; please notify the sender immediately if received in
error.  Email activity is regularly monitored, including the content.
Internet email is not to be treated a secure means of communication. 
Expressed views or opinions do not necessarily represent those of West
Mercia Police.

The Information Commissioner

If after receiving a reply to your internal review you are still
dissatisfied with the decision, you can appeal to the Information
Commissioner (ICO) 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 appeal to the ICO please visit their
[3]website.  Alternatively, you can contact the ICO in writing or via
phone:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel:  0303 123 1113

References

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1. mailto:[email address]
3. https://ico.org.uk/