Cost of policing English Defence League March 25.09.2015

Alexandra Wilkin made this Freedom of Information request to Essex Police

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was partially successful.

Dear Essex Police,

I would like to request, under the Freedom of Information Act, the cost of policing the march through Colchester on 25.09.2015 by the English Defence League.

I would like to request the total cost as well as a full break down of the costs, including:

- the total number of police used and the cost of this
- the number of police vehicles (including the police helicopter) used and the cost of this

Yours faithfully,

Ms Alexandra Wilkin

Data FOI Essex, Essex Police

1 Attachment

Thank you for your enquiry which has been logged under the above
reference.

Under the Freedom of Information Act we are required to reply within 20
working days.  The Act does not specify a limit to the number of
information requests a public authority may receive or the number of
requests or questions an applicant may submit.  However, there are
exemptions in the Act that can apply and these include where the cost of
complying with the request would extend beyond the reasonable cost limit,
(currently 18 hours or £450), or if the request is otherwise manifestly
unreasonable in its scope or nature.  Requests that ask a great many
questions, or a number of detailed requests submitted at the same time,
may make it necessary for Essex Police to refuse the requests wholly or in
part.

 

The Information Commissioner’s Office (ICO) has responsibility for
providing oversight and guidance for the legislation and they have
produced advice for applicants on submitting effective requests.  Further
information can be found on the Commissioner’s website at
[1]www.ico.gov.uk specific information relating to submitting a request
can be found at:
[2]https://ico.org.uk/for-the-public/offici...

 

While we process your request, please take the time to consider the ICO’s
advice and whether you feel it may be beneficial to amend or refine your
request. Our team is happy to discuss your request with you and will be
able to provide advice as to what kind of information will be available
from Essex Police.

 

 

Steve Grayton

Senior Information Officer

Data Protection & Freedom of Information

Information Management

Corporate Services

Essex Police Headquarters

PO Box 2, Springfield, Chelmsford, CM2 6DA

 

Internal extension 150044

External Dial 101 then ext.150044

Data Protection / FOI Team direct dial: 01245 452647

Fax: 01245 452256 Internal 150045

Email : data[Essex Police request email]

Personal email: [email address]

Website: www.essex.police.uk

 

Office hours: Mon-Thur 8:00 - 16:00, Fri 8:00 - 15:30

 

 

If you are dissatisfied with the handling of your FOI request, you have
the right to ask for an internal review.

 

Internal review requests should be submitted within 20 working days of the
date of receipt of the response to your original request and should be
addressed to the Senior Information Officer at the above address or by
email to: [3]data[Essex Police request email]

 

They will conduct an internal review to investigate the handling of your
request and endeavour to reply within 20 working days. If your complaint
refers to a decision to apply an exemption it would assist the review if
you would outline the reasons why you feel the exemption does not apply.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [4]https://ico.org.uk/

 

 

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Data FOI Essex, Essex Police

1 Attachment

Thank you for your enquiry which has been logged under the above
reference. Having completed my enquiries I am able to respond as follows:

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities. Unless exemptions apply, the first duty at
Sec1(1)(a) is to confirm or deny whether the information specified in a
request is held. The second duty at Sec1(1)(b) is to disclose information
that has been confirmed as being held. Where exemptions are relied upon
s17 of FOIA requires that we provide the applicant with a notice which: a)
states that fact b) specifies the exemption(s) in question and c) states
(if that would not otherwise be apparent) why the exemption applies.

In respect of your enquiry:

I would like to request, under the Freedom of Information Act, the cost of
policing the march through Colchester on 25.09.2015 by the English Defence
League.

 

I would like to request the total cost as well as a full break down of the
costs, including:

 

- the total number of police used and the cost of this

- the number of police vehicles (including the police helicopter) used and
the cost of this

 

Essex Police does hold information relating to your request. I have made
enquiries within Essex Police and I can confirm the policing cost supplied
to me.

 

The total cost of policing the English Defence League operation in
Colchester which includes officers on their normal shift pattern, overtime
and vehicle costs was £60,988. Included in this figure is £6,694 which is
the additional cost to Essex Police for overtime over and above normal
duty hours and £610 for vehicles.

 

However in accordance with Section 17 of the Freedom of Information Act
2000 (FOIA), this serves as a formal notification of refusal of your
request in respect of the total number of officers and vehicles deployed
in this operation on the basis that the following exemptions will apply

 

Section 31(1) (a) (b) Law enforcement

Section 38 Health and Safety

 

Sections 31 is a qualified prejudiced-based exemptions and there is a
requirement to articulate the harm that would be caused in disclosing this
information as well as carrying out a public interest test, both of which
are outlined below.

 

 

31 Law enforcement

(1) Information which is not exempt information by virtue of section 30 is
exempt information if its disclosure under this Act would, or would be
likely to, prejudice—

(a) the prevention or detection of crime,

(b) the apprehension or prosecution of offenders,

(c) the administration of justice,

(d) the assessment or collection of any tax or duty or of any imposition
of a similar nature,

(e) the operation of the immigration controls,

(f) the maintenance of security and good order in prisons or in other
institutions where persons are lawfully detained,

(g) the exercise by any public authority of its functions for any of the
purposes specified in subsection (2),

(h) any civil proceedings which are brought by or on behalf of a public
authority and arise out of an investigation conducted, for any of the
purposes specified in subsection (2), by or on behalf of the authority by
virtue of Her Majesty’s prerogative or by virtue of powers conferred by or
under an enactment, or

(i) any inquiry held under the [1976 c. 14.] Fatal Accidents and Sudden
Deaths Inquiries (Scotland) Act 1976 to the extent that the inquiry arises
out of an investigation conducted, for any of the purposes specified in
subsection (2), by or on behalf of the authority by virtue of Her
Majesty’s prerogative or by virtue of powers conferred by or under an
enactment.

(2) The purposes referred to in subsection (1)(g) to (i) are—

(a) the purpose of ascertaining whether any person has failed to comply
with the law,

(b) the purpose of ascertaining whether any person is responsible for any
conduct which is improper,

(c) the purpose of ascertaining whether circumstances which would justify
regulatory action in pursuance of any enactment exist or may arise,

(d) the purpose of ascertaining a person’s fitness or competence in
relation to the management of bodies corporate or in relation to any
profession or other activity which he is, or seeks to become, authorised
to carry on,

(e) the purpose of ascertaining the cause of an accident,

(f) the purpose of protecting charities against misconduct or
mismanagement (whether by trustees or other persons) in their
administration,

(g) the purpose of protecting the property of charities from loss or
misapplication,

(h) the purpose of recovering the property of charities,

(i) the purpose of securing the health, safety and welfare of persons at
work, and

(j) the purpose of protecting persons other than persons at work against
risk to health or safety arising out of or in connection with the actions
of persons at work.

(3) The duty to confirm or deny does not arise if, or to the extent that,
compliance with section 1(1)(a) would, or would be likely to, prejudice
any of the matters mentioned in subsection (1).

 

 

The factors favouring disclosure for S31

 

By disclosing the information the public would see where public funds are
being spent. Better public awareness may reduce crime or lead to more
information from the public as they would be more observant in reporting
suspicious activity. There is a public interest in the community being
made aware of all the facts relating to this area of policing in order to
ensure complete openness and transparency and to highlight that police
resources are being utilised to focus on the prevention and detection of
crime.

 

 

Factors favouring non-disclosure for S31

 

By disclosing details of numbers of officers and vehicles for such an
operation would compromise policing tactics. It could also adversely
affect public safety as individuals would know forces capability,
therefore,  individuals would be placed at higher risk. 

Balancing test

The effective delivery of operational law enforcement is of paramount
importance to Essex Police in their duty to ensure the prevention and
detection of crime is carried out to disclose sensitive information could
hinder the prevention and detection of crime thereby having a negative
impact on the operational delivery of effective law enforcement. 

 

Therefore at this time we feel the balance falls heavily in the favour of
non-disclosure. 

 

 

38 Health and Safety

            (1) Information is exempt information if its disclosure under
this Act would, or would be likely to— 
            a) endanger the physical or mental health of any individual,
or 
            b) endanger the safety of any individual.

 

This exemption applies to ‘any individual’. This may be a police officer,
a witness, a member of the public, the applicant, friends and relatives
etc and the harm may be actual or perceived. It refers to physical,
mental, emotional, psychological etc types of harm.

 

In applying this exemption Essex Police is obliged to consider the public
interest in the release of this information. Accordingly, the public
interest test below has been carried out.

 

The factors favouring disclosure for S38

 

By disclosing the information the public would see where public funds are
being spent. Better public awareness may reduce crime or lead to more
information from the public as they would be more proactive in reporting
suspicious activity.

 

Factors favouring non-disclosure for S38

 

By disclosing details of tactics and information regarding the number of
vehicle, tactics would be compromised. It could also adversely affect
public safety as individuals would know forces capability and
tactics; therefore individuals including officers would therefore be
placed at higher risk. 

Balance test

Information disclosed under the Freedom of Information Act is made public
to the world when released and has an impact on all areas of the country
not just within the jurisdiction of one public authority. Whilst there is
a public interest in the transparency of resources and operations there is
a strong public interest in safeguarding police operations and ensuring
the safety of individuals.

 

The safety of both Officers and the Public is paramount and it would not
be appropriate to release details that could endanger individuals and
therefore the balance in this case falls to non-disclosure.

 

Thank you for your interest in Essex Police and we are sorry that we have
not been able to provide all the information you have requested on this
occasion

 

 

Kerry Nicholson
Information Officer 
Corporate Services 
Essex Police HQ
Internal extension 150028
Direct Dial 01245 452647
Essex Police Non emergency Telephone Number (within Essex) 101 (Outside
Essex) 0300 333 4444
Fax: Internal 150045 External 01245 452256
Website: [1]www.essex.police.uk

Information Management, Corporate Services , Essex Police Headquarters, PO
Box 2, Springfield, Chelmsford, CM2 6DA

 

 

If you are dissatisfied with the handling of your FOI request, you have
the right to ask for an internal review.

 

Internal review requests should be submitted within 20 working days of the
date of receipt of the response to your original request and should be
addressed to the Senior Information Officer at the above address or by
email to: [2]data[Essex Police request email]

 

They will conduct an internal review to investigate the handling of your
request and endeavour to reply within 20 working days. If your complaint
refers to a decision to apply an exemption it would assist the review if
you would outline the reasons why you feel the exemption does not apply.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [3]https://ico.org.uk/

 

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