Crime statistics of young people in Camden

The request was refused by Metropolitan Police Service (MPS).

Dear Sir or Madam,

Under the Freedom of Information Act I seek to find out the number of safe houses within Camden Borough

Please provide a copy of:

1. Any register or record of the total number of crimes committed within the Camden borough by a young person under the age of 18.
2. Any register or record of the total number of crimes committed within London by a young person under the age of 18.
3. A register of the number of crimes committed by young people Camden in which i)knives, ii)drugs, iii) alcohol or iv) guns were involved.
4. A register or record of the number of youths convicted of a crime but were not punished with a penal service, and any details of the alternate sentences given to young people in criminal cases from 2007 – 2009.

If this request is too broad in any way then I would expect under
your section 16 duty to provide advice and assistance that you will
contact me to negotiate a way to make this request manageable.

If you don’t hold the information but know where it is held then
please can you inform me of this and if possible transfer the
request to that public body.

I would be grateful if you could confirm in writing that you have
received this letter, and I look forward to your response within
the statutory time limits. Thank you for your consideration of this
request.

Yours faithfully,

Jessica Blunden

Metropolitan Police Service (MPS)

Dear Ms Blunden

Freedom of Information Request Reference No: 2009110000715
I write in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 03/11/2009. I note
you seek access to the following information:

* "Dear Sir or Madam, Under the Freedom of Information Act I
seek to find out the number of safe houses within Camden Borough.
Please provide a copy of: 1. Any register or record of
the total number of crimes committed within the Camden borough by a
young person under the age of 18. 2. Any register or record of the
total number of crimes committed within London by a young person
under the age of 18. 3. A register of the number of crimes
committed by young people Camden in which i)knives, ii)drugs, iii)
alcohol or iv) guns were involved. 4. A register or record of
the number of youths convicted of a crime but were not punished with
a penal service, and any details of the alternate sentences given
to young people in criminal cases from 2007 – 2009. If
this request is too broad in any way then I would expect under your
section 16 duty to provide advice and assistance that you will
contact me to negotiate a way to make this request manageable.
If you don’t hold the information but know where it is held then
please can you inform me of this and if possible transfer the
request to that public body. I would be grateful if you could
confirm in writing that you have received this letter, and I look
forward to your response within the statutory time limits. Thank
you for your consideration of this request. Yours
faithfully, Jessica Blunden "

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 Peter Deja on telephone number 0207 161 3640 quoting
the reference number above.

Yours sincerely

Peter Deja
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

Metropolitan Police Service (MPS)

Dear Ms Blunden

Freedom of Information Request Reference No: 2009110000715

Freedom of Information Act Request Reference No: 2009110000715

I write in connection with your request for information dated 3rd November
2009, which was received by the Metropolitan Police Service (MPS) on 3rd
November 2009. I note you seek access to the following information:

1) Under the Freedom of Information Act I seek to find out the number of
safe houses within Camden Borough

2) Please provide a copy of:
1. Any register or record of the total number of crimes committed within
the Camden borough by a young person under the age of 18.
2. Any register or record of the total number of crimes committed within
London by a young person under the age of 18.
3. A register of the number of crimes committed by young people in Camden
in which i) knives, ii) drugs, iii) alcohol or iv) guns were involved.
4. A register or record of the number of youths convicted of a crime but
were not punished with a penal service, and any details of the alternate
sentences given to young people in criminal cases from 2007 - 2009.

EXTENT OF SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were conducted
at Performance Information Bureau.

DECISION

Having considered your request, 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

1. Number of safe houses within Camden Borough.

The MPS neither confirms nor denies that it holds the information
requested. My reasoning is based on 31(3) governing Law enforcement and
s.38(2) governing health and safety.

This letter therefore acts as refusal notice under s.17 of FoIA 2000.

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.

1. Legal consideration of s.1 of the Freedom of Information Act (FoIA) and
the principle of 'neither confirming or denying'

s.1 FoIA has created a right of access to information held by the public
authorities. In particular s.1 FoIA creates two rights. These rights being
the right:

(a) to be informed in writing by the public authority whether it holds
information of the description specified in the request, and
(b) if that is the case, to have that information communicated to him.

The key word here is 'holds', that is whether the public authority holds
the information requested. If we do not hold any information then the MPS
can not communicate this matter to an applicant. However, there are
occasions when a public authority can neither confirm nor deny that we
hold the information. This can be based on procedural grounds such as the
request is vexatious or repeated, or as in this case to simply disclose
whether we hold that information can be a detriment to one of the
exemptions provided under the FoIA 2000. The decision to neither confirm
nor deny is separate concept from a decision not to disclose the
information and needs to be taken entirely in its own terms.

For more guidance on neither confirming nor denying please refer to the
following Information Commissioners Office guidance:

http://www.ico.gov.uk/upload/documents/l...

31(3) FoIA provides:

(3) The duty to confirm or deny does not arise in relation to information
which is (or if it were held by the public authority would be) exempt
information by virtue of subsection (1) or (2).

As this exemption is a qualified exemption and prejudice-based, I am
required to provide you with a public interest test outlining why the MPS
neither confirms nor denies if the MPS holds the information.

Considerations favouring confirmation or denial of the existence of the
information:

Transparency is one of the core principles of the Freedom of Information
Act, as the Act has created the right to know how a public authority
functions. Therefore your request is one that concerns the public and
therefore disclosure of whether or not we hold this information would be
necessary to meet that public interest. Confirming or denying the
existence of the requested information would contribute to the
accountability of police actions in relation to law enforcement and use of
resources. This, in turn, would contribute to greater public awareness
and allow for informed debate which is essential in a democratic society.

Considerations favouring the maintenance of the exclusion of the duty to
confirm or deny the information is held:

To disclose whether or not the MPS holds the requested information into
the public domain could potentially hinder our core duty in ensuring
effective law enforcement. It has to be borne in mind that a release of
information is a release to the world. It is not in the public interest
to compromise the efficient and effective conduct of the MPS. I hope you
will therefore appreciate that we cannot set such a precedent for
answering this type of question due to the negative effect that could
occur to the MPS core function of law enforcement.

s.38 (2) provides:

(2) 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, have either
of the effects mentioned in subsection (1).

As this exemption is a qualified exemption and prejudice-based, I am
required to provide you with a public interest test outlining why the MPS
neither confirms nor denies if the MPS holds the information.

Considerations favouring confirmation or denial of the existence of the
information:

To reinforce the above the MPS is a public authority and should be held to
account for its actions. The public release of whether or not we hold the
information requested would reinforce the MPS commitment as an open and
transparent organisation. It would also further debate within the
democratic society.

Considerations favouring the maintenance of the exclusion of the duty to
confirm or deny the information is held

Public Safety:

Public safety is of paramount importance to the policing purpose and must
be taken into account in disclosing whether or not we hold the information
requested. It is the MPS duty to ensure that public safety is always
protected and the FoIA should not be used as a tool that could potentially
negatively impact on public safety.

Assessment of harm:

After weighing up the competing interests I have determined that the
considerations favouring confirmation or denial of the existence of the
information does not outweigh considerations favouring the maintenance of
the exclusion of the duty to confirm or deny the information is held. I am
of the considered opinion that disclosure of neither confirming nor
denying whether or not we hold the number of safe houses in Camden should
be maintained by virtue of public safety and law enforcement. As you may
be aware, the public interest is not what interests the public but what
will be of greater good, if released, to the community as a whole.

2. Please provide a copy of:
1. Any register or record of the total number of crimes committed within
the Camden borough by a young person under the age of 18.
2. Any register or record of the total number of crimes committed within
London by a young person under the age of 18.
3. A register of the number of crimes committed by young people in Camden
in which i) knives, ii) drugs, iii) alcohol or iv) guns were
involved.
4. A register or record of the number of youths convicted of a crime but
were not punished with a penal service, and any details of the alternate
sentences given to young people in criminal cases from 2007 - 2009.

Having conducted my research with the Performance Information Bureau I
have been informed that to look and retrieve for the information relevant
to the above would exceed the cost threshold. We estimate that the cost
of complying with this request would exceed the appropriate limit. The
appropriate limit has been specified in regulations and for agencies
outside central Government; this is set at £450.00. This represents the
estimated cost of one person spending 18 hours [at a rate of £25 per
hour] in determining whether the MPS holds the information, and locating,
retrieving and extracting the information.

In accordance with the Freedom of Information Act 2000, this letter acts
as a Refusal Notice.

Section 17(5) of the Act provides:

(5) A public authority which, in relation to any request for information,
is relying on a claim that section 12 or 14 applies must, within the time
for complying with section 1(1), give the applicant a notice stating that
fact.

Section 12 of the Act provides:

(1) Section 1(1) does not oblige a public authority to comply with a
request for information if the authority estimates that the cost of
complying with the request would exceed the appropriate limit.

Under Section 16 (duty to assist) we are required to offer you the
opportunity to redefine your request within the cost limit. Therefore, we
invite you to redefine your request within three months from the date of
this letter. If we do not hear from you by 22nd February 2010 we will
treat this request as withdrawn.

1) With regards to question 1-3 please could you specify a time period.

2) Additionally with regards to questions 1-3, the MPS can provide
information up to the point of proceedings is taken against somebody, such
as charge, caution etc. If you would like a count up to the stage of
proceedings please let me know.

3) With regards to question 4 the MPS can provide either a proceedings run
or a prosecution run for under 18s. Additionally can you please specify
whether this information is relevant to the MPS wide or specific to
Camden.

After receiving your reply, your request will then be considered and you
will receive the information requested within the statutory timescale of
20 working days, subject to the information not being exempt or containing
a reference to a third party.

However, if the requested additional information has not been received by
22nd February 2010 I will assume you no longer wish to proceed with this
request and will treat it as withdrawn.

Yours sincerely

Holly Hall
Media & Communications 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 1TR

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

Metropolitan Police Service (MPS)

Dear Ms Blunden

Freedom of Information Act Request Reference No: 2009110000715

I write in connection with your request for information dated 3^rd
November 2009, which was received by the Metropolitan Police Service (MPS)
on 3^rd November 2009. I note you seek access to the following
information:

*1) Under the Freedom of Information Act I seek to find out the number of
safe houses within Camden Borough

2) Please provide a copy of:
1. Any register or record of the total number of crimes committed within
the Camden borough by a young person under the age of 18.

2. Any register or record of the total number of crimes committed within
London by a young person under the age of 18.

3. A register of the number of crimes committed by young people in Camden
in which i) knives, ii) drugs, iii) alcohol or iv) guns were involved.

4. A register or record of the number of youths convicted of a crime but
were not punished with a penal service, and any details of the alternate
sentences given to young people in criminal cases from 2007 - 2009.

EXTENT OF SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were conducted
at Performance Information Bureau.

DECISION

Having considered your request, 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

1. Number of safe houses within Camden Borough.

The MPS neither confirms nor denies that it holds the information
requested. My reasoning is based on 31(3) governing Law enforcement and
s.38(2) governing health and safety.

This letter therefore acts as refusal notice under s.17 of FoIA 2000.

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.

1. Legal consideration of s.1 of the Freedom of Information Act (FoIA) and
the principle of `neither confirming or denying'

s.1 FoIA has created a right of access to information held by the public
authorities. In particular s.1 FoIA creates two rights. These rights being
the right:

(a) to be informed in writing by the public authority whether it holds
information of the description specified in the request, and

(b) if that is the case, to have that information communicated to him.

The key word here is `holds', that is whether the public authority holds
the information requested. If we do not hold any information then the MPS
can not communicate this matter to an applicant. However, there are
occasions when a public authority can neither confirm nor deny that we
hold the information. This can be based on procedural grounds such as the
request is vexatious or repeated, or as in this case to simply disclose
whether we hold that information can be a detriment to one of the
exemptions provided under the FoIA 2000. The decision to neither confirm
nor deny is separate concept from a decision not to disclose the
information and needs to be taken entirely in its own terms.

For more guidance on neither confirming nor denying please refer to the
following Information Commissioners Office guidance:

[1]http://www.ico.gov.uk/upload/documents/l...

31(3) FoIA provides:

(3) The duty to confirm or deny does not arise in relation to information
which is (or if it were held by the public authority would be) exempt
information by virtue of subsection (1) or (2).

As this exemption is a qualified exemption and prejudice-based, I am
required to provide you with a public interest test outlining why the MPS
neither confirms nor denies if the MPS holds the information.

Considerations favouring confirmation or denial of the existence of the
information:

Transparency is one of the core principles of the Freedom of Information
Act, as the Act has created the right to know how a public authority
functions. Therefore your request is one that concerns the public and
therefore disclosure of whether or not we hold this information would be
necessary to meet that public interest. Confirming or denying the
existence of the requested information would contribute to the
accountability of police actions in relation to law enforcement and use of
resources. This, in turn, would contribute to greater public awareness
and allow for informed debate which is essential in a democratic society.

Considerations favouring the maintenance of the exclusion of the duty to
confirm or deny the information is held:

To disclose whether or not the MPS holds the requested information into
the public domain could potentially hinder our core duty in ensuring
effective law enforcement. It has to be borne in mind that a release of
information is a release to the world. It is not in the public interest
to compromise the efficient and effective conduct of the MPS. I hope you
will therefore appreciate that we cannot set such a precedent for
answering this type of question due to the negative effect that could
occur to the MPS core function of law enforcement.

s.38 (2) provides:

(2) 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, have either
of the effects mentioned in subsection (1).

As this exemption is a qualified exemption and prejudice-based, I am
required to provide you with a public interest test outlining why the MPS
neither confirms nor denies if the MPS holds the information.

Considerations favouring confirmation or denial of the existence of the
information:

To reinforce the above the MPS is a public authority and should be held to
account for its actions. The public release of whether or not we hold the
information requested would reinforce the MPS commitment as an open and
transparent organisation. It would also further debate within the
democratic society.

Considerations favouring the maintenance of the exclusion of the duty to
confirm or deny the information is held

Public Safety:

Public safety is of paramount importance to the policing purpose and must
be taken into account in disclosing whether or not we hold the information
requested. It is the MPS duty to ensure that public safety is always
protected and the FoIA should not be used as a tool that could potentially
negatively impact on public safety.

Assessment of harm:

After weighing up the competing interests I have determined that the
considerations favouring confirmation or denial of the existence of the
information does not outweigh considerations favouring the maintenance of
the exclusion of the duty to confirm or deny the information is held. I am
of the considered opinion that disclosure of neither confirming nor
denying whether or not we hold the number of safe houses in Camden should
be maintained by virtue of public safety and law enforcement. As you may
be aware, the public interest is not what interests the public but what
will be of greater good, if released, to the community as a whole.

2. Please provide a copy of:
1. Any register or record of the total number of crimes committed within
the Camden borough by a young person under the age of 18.

2. Any register or record of the total number of crimes committed within
London by a young person under the age of 18.

3. A register of the number of crimes committed by young people in Camden
in which i) knives, ii) drugs, iii) alcohol or iv) guns were
involved.

4. A register or record of the number of youths convicted of a crime but
were not punished with a penal service, and any details of the alternate
sentences given to young people in criminal cases from 2007 - 2009.

Having conducted my research with the Performance Information Bureau I
have been informed that to look and retrieve for the information relevant
to the above would exceed the cost threshold. We estimate that the cost
of complying with this request would exceed the appropriate limit. The
appropriate limit has been specified in regulations and for agencies
outside central Government; this is set at £450.00. This represents the
estimated cost of one person spending 18 hours [at a rate of £25 per
hour] in determining whether the MPS holds the information, and locating,
retrieving and extracting the information.

In accordance with the Freedom of Information Act 2000, this letter acts
as a Refusal Notice.

Section 17(5) of the Act provides:

(5) A public authority which, in relation to any request for information,
is relying on a claim that section 12 or 14 applies must, within the time
for complying with section 1(1), give the applicant a notice stating that
fact.

Section 12 of the Act provides:

(1) Section 1(1) does not oblige a public authority to comply with a
request for information if the authority estimates that the cost of
complying with the request would exceed the appropriate limit.

Under Section 16 (duty to assist) we are required to offer you the
opportunity to redefine your request within the cost limit. Therefore, we
invite you to redefine your request within three months from the date of
this letter. If we do not hear from you by 22nd February 2010 we will
treat this request as withdrawn.

1) With regards to question 1-3 please could you specify a time period.

2) Additionally with regards to questions 1-3, the MPS can provide
information up to the point of proceedings is taken against somebody, such
as charge, caution etc. If you would like a count up to the stage of
proceedings please let me know.

3) With regards to question 4 the MPS can provide either a proceedings run
or a prosecution run for under 18s. Additionally can you please specify
whether this information is relevant to the MPS wide or specific to
Camden.

After receiving your reply, your request will then be considered and you
will receive the information requested within the statutory timescale of
20 working days, subject to the information not being exempt or containing
a reference to a third party.

However, if the requested additional information has not been received by
22nd February 2010 I will assume you no longer wish to proceed with this
request and will treat it as withdrawn.

Yours sincerely,

Holly Hall

Information Manager
Camden Borough HQ
Holborn Police Station
10 Lambs Conduit Street
London WC1N 3NR

External Tel: 020 8733 6317 Internal: 46317
Email: [email address]

show quoted sections

References

Visible links
1. http://www.ico.gov.uk/upload/documents/l...