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Detentions under mental health act by ethnicity

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Dear Cleveland Police,

I am writing to make a request under the Freedom of Information Act for data on people detained by the force under the Mental Health Act.

For the 2019-20 and the 2020-21 financial years, please tell me:

1) The number of people detained under the Mental Health Act, broken down by officer-perceived ethnicity

2) The type of vehicle officers used to transport those detained to a place of safety, broken down by officer-perceived ethnicity. Please split these by ambulance, police vehicle, other health vehicle, other, not known, or none (already at a place of safety).

3) The place of safety used for those detained, broken down by officer-perceived ethnicity. Please split these by police station, A&E, private home, health based place of safety, other, and not known.

4) For those people transported using a police vehicle, please specify whether an ambulance was requested, broken down by officer perceived ethnicity.

5) For those people detained and taken to a police station, please specify the reason for the police station being used, broken down by officer perceived ethnicity. For instance in England, officers may take a person to a police station as a place of safety if they are over 18 and their behaviour poses an imminent risk of serious injury or death to that person or others (abbreviated in Home Office data as 'conditions in Regulations were met').

6) For those people detained and taken to a police station, please provide a breakdown of their officer perceived ethnicity and the duration in hours of their stay in the police station.

7) For those people detained and taken to a police station, please provide a count of those who were arrested for committing an offence, broken down by officer perceived ethnicity.

For all ethnicity breakdowns, please use Home Office/ONS categorisations. These consist of 'White', 'Black', 'Asian', 'Mixed', and 'Other'. Please include Chinese persons in the category of Other.

Yours faithfully,

Harriet Clugston

(Please note I am using a WhatDoTheyKnowAccount set up by my colleague Claire Wilde but my name is Harriet Clugston)

Freedom of Information, Cleveland Police

This mailbox is for Freedom of Information requests only and all other
mail will be deleted unactioned.

 

For Legal please forward your e-mail to
[1][email address] and for Subject Access please
check the Subject Access section of the Cleveland Police website under the
heading of ‘Advice and Information’ or forward your e-mail to
[2][email address] for all other
enquiries please contact Cleveland Police via 101.

 

References

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1. mailto:[email address]
2. mailto:[email address]

Freedom of Information, Cleveland Police

Enquiry Ref: 13048/2021

I acknowledge receipt of your request for information received by this office on 30th June 2021.

As set out by the Freedom of Information Act it will be our aim to respond to your request within 20 working days that is by 29th July 2021. In some cases, however, we may be unable to achieve this deadline and would hope to contact you should this be the case.

Although every effort will be made to ensure a response is provided within statutory deadlines, 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.

Please note the ‘working day’ is defined as any day other than a Saturday, a Sunday, or a day which is a bank holiday in any part of the United Kingdom. The first reckonable day is the first working day after receipt.

If you have any questions regarding your request please contact this office.

Yours sincerely,

Information Rights Clerk
Directorate of Standards and Ethics
Cleveland Community Safety Hub | 1 Cliffland Way | Hemlington | TS8 9GL
Email: [Cleveland Police request email]
 
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show quoted sections

Freedom of Information, Cleveland Police

Dear Ms Clugston,

Enquiry Ref: 13048/2021

I write in connection with your request for information dated 30th June 2021 and received by this office on that date.
Below are the questions raised in your request and our response?

For the 2019-20 and the 2020-21 financial years, please tell me:

1) The number of people detained under the Mental Health Act, broken down by officer-perceived ethnicity
2) The type of vehicle officers used to transport those detained to a place of safety, broken down by officer-perceived ethnicity. Please split these by ambulance, police vehicle, other health vehicle, other, not known, or none (already at a place of safety).
3) The place of safety used for those detained, broken down by officer-perceived ethnicity. Please split these by police station, A&E, private home, health based place of safety, other, and not known.
4) For those people transported using a police vehicle, please specify whether an ambulance was requested, broken down by officer perceived ethnicity.
5) For those people detained and taken to a police station, please specify the reason for the police station being used, broken down by officer perceived ethnicity. For instance in England, officers may take a person to a police station as a place of safety if they are over 18 and their behaviour poses an imminent risk of serious injury or death to that person or others (abbreviated in Home Office data as 'conditions in Regulations were met').
6) For those people detained and taken to a police station, please provide a breakdown of their officer perceived ethnicity and the duration in hours of their stay in the police station.
7) For those people detained and taken to a police station, please provide a count of those who were arrested for committing an offence, broken down by officer perceived ethnicity.
For all ethnicity breakdowns, please use Home Office/ONS categorisations. These consist of 'White', 'Black', 'Asian', 'Mixed', and 'Other'. Please include Chinese persons in the category of Other.

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties on public authorities. Unless exemptions apply, the first duty at Section 1 (1) (a) is to confirm or deny whether the information specified in a request is held. The second duty at Sec 1(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.

Having made enquiries with the Custody management team regarding your request we have been advised that each record would have to be individually looked at to see the offence arrested for, the officer who arrested and the officer perceived ethnicity of the detainee.
Each job would then have to be looked at to see how the detainee was transported to custody, whether an ambulance had been requested and if the information was not on the job, each officer would need to be spoken to in an attempt to ascertain if they could recall the arrest and whether an ambulance was called or if the police transported the detainee. Also if police transported the detainee was it in a van or a pod vehicle additionally records would have to be checked to see who drove what vehicle and which station the detainee was taken to.
Each custody log would have to be interrogated to ascertain the time the detainee spent in custody.
It is estimated that this would take in excess of the appropriate time stipulated by the Secretary for Constitutional Affairs, Lord Falconer on the 18th Of October 2004, that is, eighteen hours. This falls under the exemption of 'Compliance exceeding the appropriate limit' covered by Section 12 (1) of the Freedom of Information Act 2000 and as such this work could not be undertaken.
Therefore, please treat this as a refusal notice under S17 of the Freedom of Information Act.
We would normally suggest that you refine your request however in this instance even if you reduced the time scale significantly there is still a high chance that the request would exceed the time limit.

Please note any statistical data supplied in relation to Freedom of Information requests is a snapshot of data held at the time the request was received by the Freedom of Information office and is subject to constant change/updates.

The Cleveland Police response to your request is unique and it should be noted that Police Forces do not use generic systems or identical procedures to capture and record data therefore responses from Cleveland Police should not be used as a comparison with any other force response you receive.

If you are not satisfied with this response or any actions taken in dealing with your request you have the right to request an independent internal review of your case under our review procedure. The APP College of Policing guidance states that a request for internal review should be made within 20 working days of the date on this response or 40 working days, if extenuating circumstances to account for the delay can be evidenced.

We have made every effort to ensure a response was provided within statutory deadlines, however due to current circumstances delays have been unavoidable. If your response was late we apologise for any inconvenience it may have caused and thank you for your patience. If we can be of any further assistance please do not hesitate to contact this office.

Yours sincerely,

Ms E McGuigan
Freedom of Information Decision Maker
Directorate of Standards and Ethics
Cleveland Community Safety Hub | 1 Cliffland Way | Hemlington | TS8 9GL
E-mail: [email address]

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Dear Cleveland Police,

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

I am writing to request an internal review of Cleveland Police's handling of my FOI request 'Detentions under mental health act by ethnicity'.

In your response you state to obtain all the detail requested would involve manually reviewing each record.

However, this strikes me as unusual since all of the information requested is to some extent already provided to the Home Office by Hampshire Constabulary, except for the ethnicity breakdown. Type of vehicle, place of safety, whether an ambulance was called - these are all fields in the Home Office database to which Cleveland Police submits data. The ethnicity of those detained is also recorded and provided to the Home Office, but is not cross referenced with the other variables. But this suggests that Cleveland Police does have a way of electronically recording specific data on such detentions without a manual review.

Please see the HO collection entitled 'Police powers and procedures England and Wales statistics', file name 'Detentions under the Mental Health Act (1983): police powers and procedures': https://www [dot] gov.uk/government/statistics/police-powers-and-procedures-england-and-wales-year-ending-31-march-2020

Could you therefore please clarify what part of the data it is that you are unable to provide?

Yours faithfully,
Harriet

Freedom of Information, Cleveland Police

This mailbox is for Freedom of Information requests only and all other
mail will be deleted unactioned.

 

For Legal please forward your e-mail to
[1][email address] and for Subject Access please
check the Subject Access section of the Cleveland Police website under the
heading of ‘Advice and Information’ or forward your e-mail to
[2][email address] for all other
enquiries please contact Cleveland Police via 101.

 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]

RUMINS, Samantha (C8894),

2 Attachments

Dear Ms Clugston

 

Enquiry ref 13048/2021

 

Firstly may I apologise for the lateness of this response and any
inconvenience it may have caused.  I have made every effort to ensure a
response was provided within statutory deadlines, however due to current
circumstances delays have been unavoidable. Thank you for your patience.

 

I have been requested to carry out an internal review of Cleveland
Police’s response to your FOI request.

 

By request received 30^th June 2021, you raised the following questions:

 

For the 2019-20 and the 2020-21 financial years, please tell me:

 

1) The number of people detained under the Mental Health Act, broken down
by officer-perceived ethnicity

2) The type of vehicle officers used to transport those detained to a
place of safety, broken down by officer perceived ethnicity. Please split
these by ambulance, police vehicle, other health vehicle, other, not
known, or none (already at a place of safety).

3) The place of safety used for those detained, broken down by
officer-perceived ethnicity. Please split these by police station, A&E,
private home, health based place of safety, other, and not known.

4) For those people transported using a police vehicle, please specify
whether an ambulance was requested, broken down by officer perceived
ethnicity.

5) For those people detained and taken to a police station, please specify
the reason for the police station being used, broken down by officer
perceived ethnicity. For instance in England, officers may take a person
to a police station as a place of safety if they are over 18 and their
behaviour poses an imminent risk of serious injury or death to that person
or others (abbreviated in Home Office data as 'conditions in Regulations
were met').

6) For those people detained and taken to a police station, please provide
a breakdown of their officer perceived ethnicity and the duration in hours
of their stay in the police station.

7) For those people detained and taken to a police station, please provide
a count of those who were arrested for committing an offence, broken down
by officer perceived ethnicity.

 

For all ethnicity breakdowns, please use Home Office/ONS categorisations.
These consist of 'White', 'Black', 'Asian', 'Mixed', and 'Other'. Please
include Chinese persons in the category of Other.

 

Your request was refused by the Freedom of Information Decision maker in
that it is estimated that to respond to this request would take in excess
of the appropriate time stipulated by the Secretary for Constitutional
Affairs, Lord Falconer on the 18th Of October 2004, that is, eighteen
hours. This falls under the exemption of 'Compliance exceeding the
appropriate limit' covered by Section 12 (1) of the Freedom of Information
Act 2000 and as such this work could not be undertaken.

 

The decision was made in light of the information provided to the Freedom
of Information Decision maker at the time of their response, however I
have reviewed your request and upon making further enquires, I have
obtained the attached information in response to your request. I hope that
this assists.

 

If you are not satisfied with the outcome of this internal review you can
appeal to the Information Commissioner at the following address:

 

The Information Commissioners Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Or alternatively email [1][email address]

 

Kind regards

 

Samantha Rumins

 

 

 

C8894 Samantha Rumins

Senior Paralegal/Practice Manager

Evolve Collaborative Legal Services

 

Cleveland Police Central Headquarters | 1 Cliffland Way | Hemlington | TS8
9GL

Postal Address –  St Marks House | St Marks Court | Thornaby | Stockton on
Tees | TS17 6QW

DX 68801 Middlesbrough 7

 

[2]cid:image001.png@01D69262.86CDE8A0

 

Find us on LinkedIn at Evolve Legal

 

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STAFF ARE NOW WORKING REMOTELY. PLEASE SEND ALL CORRESPONDENCE VIA EMAIL
TO [3][email address]. WE THANK YOU FOR YOUR
CO-OPERATION AND UNDERSTANDING WHILE WE DEAL WITH THIS EMERGENCY
SITUATION.

 

Please do not use social media or email to report crime as we do not
monitor these accounts 24/7. Dial 999 in an emergency or visit the
[4]contact us section of our website for all reporting options.

 

Please be advised that this communication and associated communications
may be protected by legal professional privilege or litigation privilege
and as such should not be disclosed to any other person without reference
to Evolve Legal Services and the recipient.

 

 

References

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1. mailto:[email address]
3. mailto:[email address]
4. https://www.cleveland.police.uk/contact-...

We don't know whether the most recent response to this request contains information or not – if you are Claire Wilde please sign in and let everyone know.