Crime Victims

Response to this request is delayed. By law, West Midlands Police should normally have responded promptly and by (details)

Dear West Midlands Police,

With reference to incident 2126 recorded on 19th October 2017, please would you confirm whether the crime involved one or more victims? By definition, a victim may be a company or business as well as an individual.

Yours faithfully,

Mr McGregor

Freedom of Information,

Thankyou for your e-mail, you have contacted the Freedom of Information
Department

 

Valid FOI requests will be considered in accordance with the Freedom of
Information Act 2000 and you will receive a response, subject to the
information not being exempt or containing a reference to a third party

Although every effort will be made to ensure a response is provided within
the statutory timescale of 20 working days, due to current circumstances
delays may be unavoidable.  We apologise for any inconvenience and will
endeavour to process your request as quickly as is practicable.

 

What can I not access under FOI?

You will not be able to access information:

o about yourself. This is a [1]Subject Access Request (SAR)
o about third parties
o about your police record
o to access legal aid
o for employment purposes
o for civil proceedings
o  for insurance requests
o  in relation to police certificates for the purpose of emigration,
visas and residency

If you want to make a request on any of the above, visit our main website
to find out how:

[2]https://www.west-midlands.police.uk/abou...

 

or make contact with the `Live Chat` team on the force website who will be
able to assist you further.

[3]https://www.west-midlands.police.uk/cont...

 

Preventing crime, protecting the public and helping those in need.

[4]If it’s not 999, search WMP Online

 

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

Visible links
1. https://www.west-midlands.police.uk/abou...
2. https://www.west-midlands.police.uk/abou...
3. https://www.west-midlands.police.uk/cont...
4. website
https://www.west-midlands.police.uk/

Freedom of Information,

Dear Mr McGregor

 

FOI Request Reference: 324A/20

 

Thank you for your request for information, received 12^th June 2020

 

REQUEST

With reference to incident 2126 recorded on 19th October 2017, please
would you confirm whether the crime involved one or more victims?  By
definition, a victim may be a company or business as well as an
individual.

 

RESPONSE

Please refer to the responses that you have already been provided with on
2^nd June 2020 (225A/20) and 16^th June 2020 (260A/20) in relation to this
incident number.

Your request for information has now been considered and I am not obliged
to supply the information you have requested.

 

In accordance with the Act, this letter represents a Refusal Notice for
this particular request.  West Midlands Police can neither confirm nor
deny that it holds the information you requested as the duty in s1(1)(a)
of the Freedom of Information Act 2000 does not apply, by virtue of the
following exemptions:

 

Section 40 (5) Personal information

                           

Section 30 (3) Investigations and proceedings conducted by public
authorities

 

Please be advised that any information released as a result of a Freedom
of Information request, in effect, is being released into the public
domain. Therefore, it could subsequently be published or would have to be
made available to any member of the public if it were requested.

 

There are 23 exemptions included under the FOIA, one of which is Section
30 Investigations and proceedings conducted by public authorities, this
relates to investigations in general terms and covers information that has
been held by a public authority gathered at any time in relation to a
specific investigation, criminal or otherwise. The information you have
requested, should it exist, pertains to information that may have been
gathered for the purposes of an investigation and is therefore exempt from
disclosure under FOIA legislation

 

Any information that relates to an individual, or from which an individual
could be identified, constitutes personal data and to release information
that constitutes personal data into the public domain contravenes the Data
Protection Act and GDPR.

 

The information that you have requested, should it exist, pertains to that
of a third party/parties, namely a victim/s. To confirm or deny that we
hold information in relation to yourselves or a third party under the
Freedom of Information legislation would in itself place such information
into the public domain and would be in breach of the Data Protection
principles, it is therefore exempt from disclosure, the exemption that
applies to this type of information is Section 40 of the Freedom of
Information Act 2000.

 

This action cannot be taken as confirmation or denial that West Midlands
Police holds the information you have asked for.

 

Please also be aware that repeated submission of questions under FOI
regarding or connected to this topic, even though phrased differently,
will not elicit a different response.

 

When persons make a number of requests for information that are similar,
about the same subject or repeated, consideration will be given to
ascertain if there is evidence of a pattern of behaviour which could be
seen to be unreasonable and if this is found to be the case, the Authority
would consider applying the below exemptions to future similar requests
for information:

 

Section 12 of the Act ‘exceeds the fees limit’ - by aggregating the costs
to the authority of all the requests made to date

 

Section 14 (1) and (2) of the Act - by making future requests on the same
topic vexatious

Please be advised that we will now consider the above exemptions in
relation to any further requests that you submit regarding the same topic,
these exemptions will also be considered in relation to any requests
submitted by persons who are known to be acting in consort with yourself.

 

RIGHT OF APPEAL

 

Your attention is drawn to your right to request a re-examination of your
case under West Midlands Police review procedure, which can be found at:

 

[1]http://foi.west-midlands.police.uk/revie...

 

Please note that such an appeal must be received within 40 working days of
the date of this correspondence. Any such request received after this time
will only be considered at the discretion of the FOI Unit.

 

Should you have any further enquiries concerning this matter, please write
to the FOI Unit quoting the reference number above.

 

 

Yours sincerely,

 

Mrs R Williams

 

59614 Rebecca Williams l FOI Manager

Lloyd House l West Midlands Police

T: 101 (ext 801 2068)

Preventing crime, protecting the public and helping those in need.

[2]If it’s not 999, search WMP Online

 

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

Visible links
1. http://foi.west-midlands.police.uk/revie...
2. website
https://www.west-midlands.police.uk/

Dear West Midlands Police,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of West Midlands Police's handling of my FOI request 'Crime Victims'.

Please refer to my internal review request dated 2nd June 2020. This request has also been wrongly refused under the following 2 exceptions:

1. Section 40 (5) Personal information
2. Section 30 (3) Investigations and proceedings conducted by public authorities

Section 40 (5) has been wrongly applied as I have not requested any personal information, or indeed any information that could enable a person to be identified. I have merely asked for a number.

Section 30 (3) has also been wrongly applied as paragraph 50 of the ICO's guidance states:

"Where section 30(3) applies it is subject to the public interest test. Although the exception may be automatically engaged where the information would be exempt under either subsection (1) or (2), it could only be maintained in the public interest if confirmation or denial would interfere with the effective conduct of the investigations or proceedings. If no harm would arise the public authority should not attempt to apply Section 30(3)."

As no harm would arise from the release of the information requested, Section 30(3) cannot be applied in this case.

Your attempt to claim that you could apply Section 12 of the FOIA for future requests is also unreasonable. The cost for complying with my two requests would not even come close to the limit imposed by the FOIA.

It is also unreasonable to attempt to claim that my requests are in any way vexatious. I have merely made reasonable requests within the remit of the FOIA.

In light of the above please would you review my case and provide the information requested in accordance with the FOIA.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Yours faithfully,

Mr McGregor

Freedom of Information,

Dear Mr McGregor

 

FOI Internal Review Reference: 420A/20

 

Thank you for your correspondence, received 22/06/2020 where you requested
West Midlands Police to review its response to your request for
information under reference number 324A/20.

 

On 12/06/20 you requested the following:

With reference to incident 2126 recorded on 19th October 2017, please
would you confirm whether the crime involved one or more victims?  By
definition, a victim may be a company or business as well as an
individual.

 

The force responded on 22/06/20 and advised that you refer to the
responses that you have already been provided with on 2^nd June 2020
(225A/20) and 16^th June 2020 (260A/20) as these requests and responses
relate to the same incident reference number.

The force again neither confirmed nor denied that it held the information
you requested as the duty in s1(1)(a) of the Freedom of Information Act
2000 does not apply, by virtue of the following exemptions:

 

Section 40 (5) Personal information

                           

Section 30 (3) Investigations and proceedings conducted by public
authorities

 

You were advised that there are 23 exemptions included under the FOIA, one
of which is Section 30 Investigations and proceedings conducted by public
authorities, this relates to investigations in general terms and covers
information that has been held by a public authority gathered at any time
in relation to a specific investigation, criminal or otherwise. The
information you have requested, should it exist, pertains to information
that may have been gathered for the purposes of an investigation and is
therefore exempt from disclosure under FOIA legislation

 

Any information that relates to an individual, or from which an individual
could be identified, constitutes personal data and to release information
that constitutes personal data into the public domain contravenes the Data
Protection Act and GDPR.

 

The information that you have requested, should it exist, pertains to that
of a third party/parties, namely a victim/s. To confirm or deny that we
hold information in relation to yourselves or a third party under the
Freedom of Information legislation would in itself place such information
into the public domain and would be in breach of the Data Protection
principles, it is therefore exempt from disclosure, the exemption that
applies to this type of information is Section 40 of the Freedom of
Information Act 2000.

 

As this was the third request in a series requesting information in
relation to a specific incident number the force made you aware that
repeated submission of questions under FOI regarding or connected to this
topic, even though phrased differently, would not elicit a different
response.

 

The force also advised that when persons make a number of requests for
information that are similar, about the same subject or repeated,
consideration will be given to ascertain if there is evidence of a pattern
of behaviour which could be seen to be unreasonable and if this is found
to be the case, the Authority would consider applying the below exemptions
to future similar requests for information:

 

Section 12 of the Act ‘exceeds the fees limit’ - by aggregating the costs
to the authority of all the requests made to date

 

Section 14 (1) and (2) of the Act - by making future requests on the same
topic vexatious

 

REQUEST

You have requested an internal review of the force response on the basis
that you believe the request has been wrongly refused under the following
2 exceptions:

 

1. Section 40 (5) Personal information

2. Section 30 (3) Investigations and proceedings conducted by public
authorities

 

You believe that Section 40 (5) has been wrongly applied as you have not
requested any personal information, or any information that could enable a
person to be identified. Just a number.

 

You believe that Section 30 (3) has also been wrongly applied because no
harm would arise from the release of the information requested, so Section
30(3) cannot be applied in this case.

 

RESPONSE

The response has now been reviewed and the force maintains that your
request was responded to on a proper basis. The reasons for this have been
explained in the responses that you have already been provided with on
2^nd June 2020 (225A/20),16^th June 2020 (260A/20), and 22^nd June 2020
(324A).

 

You may also find further guidance on the College of Policing website
helpful

[1]https://www.app.college.police.uk/app-co...

 

To explain again, any information that relates to an individual, or from
which an individual could be identified, constitutes personal data. Your
request is in relation to a specific incident number and the details of
victims associated with that incident number. You have already advised
that you believe that the incident number relates to a stolen car and
items that were stolen with the car. This type of information constitutes
personal data because if the force confirms or denies that the information
is held this would be disclosing that the offence did/did not happen and
if there were/were not victims involved.

 

You have requested information that you believe is in relation to an
offence of theft, should this information exist and a theft has been
reported to the Police, then the theft would have been investigated and
the information you have requested in relation to the details of victims
would have been gathered for the purposes of an investigation.

 

It would appear that you are trying to access specific information about a
specific incident/offence and the individuals/victims that were involved
in it. However the force will not confirm nor deny that specific details
of cases are held as this is not suitable for disclosure under FOI
legislation.

 

I hope that this is of assistance and helps to clarify the matter. The
Authority will now consider applying the below exemptions to future
similar requests for information:

 

Section 12 of the Act ‘exceeds the fees limit’ - by aggregating the costs
to the authority of all the requests made to date

 

Section 14 (1) and (2) of the Act - by making future requests on the same
topic vexatious

 

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

Please note due to Covid-19:

The ICO’s offices will be closed for the foreseeable future. They are
therefore unable to receive correspondence via post, you can instead link
to their website: [2]ico.org.uk

 

Yours sincerely,

 

Mrs R Williams

 

59614 Rebecca Williams l FOI Manager

Lloyd House l West Midlands Police

Preventing crime, protecting the public and helping those in need.

[3]If it’s not 999, search WMP Online

 

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

Visible links
1. https://www.app.college.police.uk/app-co...
2. http://ico.org.uk/
3. website
https://www.west-midlands.police.uk/