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Domestic Abuse Disclosure Scheme - Clare's Law

Eve Thomas made this Freedom of Information request to Essex Police

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Dear Essex Police,

I am writing to make an open Government request for all the information to which I am entitled under the Freedom of Information Act 2000.

With this in mind could you please provide the following information:

1. How many males accessed/utilised the Domestic Abuse Disclosure Scheme known as "Clare's Law in 2015 by either Right to Know or Right to Ask?"

2. How many females accessed/utilised the Domestic Abuse Disclosure Scheme known as "Clare's Law in 2015 by either Right to Know or Right to Ask ?"

3. How many males accessed/utilised the Domestic Abuse Disclosure Scheme known as "Clare's Law in 2016 by either Right to Know or Right to Ask?"

4. How many females accessed/utilised the Domestic Abuse Disclosure Scheme known as "Clare'es Law in 2016 by either Right to Know or Right to Ask ?"

I would like the above information to be provided to us as paper or electronic copies, audio tape version or an opportunity to view.

If this request is too wide or unclear, I would be grateful if you could contact me as I understand that under the Act, you are required to advise and assist requesters. If any of this information is already in the public domain, please can you direct me to this with page references and URLs if necessary.

I understand that you are required to respond to this request within the 20 working days after you receive this letter.

I would be grateful if you could confirm in writing that you have received this request.

I look forward to hearing from you.
Kindest Regards

Eve Thomas

Data FOI Essex, Essex Police

Your email has been received and will receive attention.

 

Please note however that this Team is currently experiencing a high volume
of requests and delays in response may occur. Unless your email is
re-directed elsewhere we aim to respond within 20 working days.

 

Please see the Essex Police website for more information about the Force,
and what this team does:  [1]https://www.essex.police.uk/

 

If your email relates to a Road Traffic Collision please re-direct your
email to [2][email address]

 

For non-emergency calls to Essex Police please use the 101 telephone
number. In the case of an emergency, please dial 999.

 

Data Protection & Freedom of Information
Information Management
Continuous Improvement
Essex Police Headquarters
PO Box 2, Springfield, Chelmsford, CM2 6DA

 

This email and any other accompanying document(s) contain information from
Kent Police and/or Essex Police, which is confidential or privileged. The
information is intended to be for the exclusive use of the individual(s)
or bodies to whom it is addressed. The content, including any subsequent
replies, could be disclosable if relating to a criminal investigation or
civil proceedings. If you are not the intended recipient, be aware that
any disclosure, copying, distribution or other use of the contents of this
information is prohibited. If you have received this email in error,
please notify us immediately by contacting the sender or telephoning Kent
Police on 01622 690690 or Essex Police on 01245 491491, as appropriate.

References

Visible links
1. https://www.essex.police.uk/
2. mailto:[email address]

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 exemption at s14 may be engaged
if the burden on the authority is increased through multiple requests on
differing subjects

 

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.

 

 

Jessica Casey

Information Officer

Data Protection & Freedom of Information

Information Management

Continuous Improvement

Essex Police Headquarters

External Tel: 101 ext 150030

E-Mail:[email address]

Fax: 01245 452256 (int: 150045)

Non Emergency Telephone Number: 101 

 

[3]cid:image001.jpg@01D2F960.84E87850

 

Jessica Casey 42077705, Essex Police

1 Attachment

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

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:

1. How many males accessed/utilised the Domestic Abuse Disclosure Scheme
known as "Clare's Law in 2015 by either Right to Know or Right to Ask?"

2. How many females accessed/utilised the Domestic Abuse Disclosure Scheme
known as "Clare's Law in 2015 by either Right to Know or Right to Ask ?"

3. How many males accessed/utilised the Domestic Abuse Disclosure Scheme
known as "Clare's Law in 2016 by either Right to Know or Right to Ask?"

4. How many females accessed/utilised the Domestic Abuse Disclosure Scheme
known as "Clare's Law in 2016 by either Right to Know or Right to Ask ?"

Having completed my enquiries I am able to respond as follows:

In respect of Sec 1(1)(a), Essex Police does hold information relating
to your request however the obligation of Sec 1(1)(b) cannot be met as
Essex Police does not hold all the information requested in a format that
allows it to be retrieved within the time and cost limits of FOI.

 

When responding to a request for information under the terms of the
Freedom of Information Act, a public authority is not obliged to provide
information if the authority estimates that the cost of the retrieval of
the information requested would be in excess of £450 (equivalent to 18
hours work). The costs criteria relates to a request in its entirety,
which means that if we cannot retrieve all of the information requested
within the costs limit, we are not obliged to retrieve any of the
information requested.

 

Section 12(1) of the Freedom of Information Act states that a public
authority is not obliged to:

“…comply with a request for information if the authority estimates that
the cost of complying with the request would exceed the appropriate
limit.”

 

To extract the level of detail into specific gender would require a manual
review of every application, a time consuming process and one that would
also require the creation of new data which the Act does not require us to
do.

 

Consequently, and to this extent, Essex Police are exempt from the duty to
provide data under the provisions of section 12(1) of the FOI Act. In
accordance with section 17(1) of the Act, this communication must act as a
refusal notice to provide all of the information that could be interpreted
as being captured by this part of your request.

Having said that, and in an effort to assist - although excess cost
removes the forces obligations under the Freedom of Information Act, I can
provide the following data and comments which may assist;

 

Firstly, I would like to provide some background information about Clare’s
Law (implemented March 2014), which may be of interest.  The Domestic
Violence Disclosure Scheme provides procedures for disclosing information
which will enable a partner to make informed choices about whether and how
to take forward a relationship. There is a right to ask process and a
right to know process.

 

Right to ask – process, where an applicant (members of the public) can
make a direct application to the police for information about the subject.

 

Right to know – is a process which is triggered when police receive
information or intelligence about the safety of a person and where after
appropriate checks are made the force decides that a disclosure should be
made to safeguard that person

 

Our Domestic abuse safeguarding DC has provided me with the following
data, up to and including 28^th February 2017:

 

Right to Know Applications:

o 2014                       114
o 2015                       609
o 2016                       1114
o 2017                       160

 

Right To Ask:

o 2014                       100
o 2015                       77
o 2016                       107
o 2017                       23

 

Thank you for your interest in Essex Police.

 

Kind regards

 

Jessica Casey

Information Officer

Data Protection & Freedom of Information

Information Management

Continuous Improvement

Essex Police Headquarters

External Tel: 101 ext 150030

E-Mail:[email address]

Fax: 01245 452256 (int: 150045)

Non Emergency Telephone Number: 101 

 

[1]cid:image001.jpg@01D2F960.84E87850

 

 

If you require further information or wish to submit a request, please
refer to the information found on the Commissioner’s website regarding
submission of effective requests
[2]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to: [3][Essex Police request email]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

               

If you are still dissatisfied following our review, you have the right
under section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

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/

 

Dear Jessica Casey 42077705,

Many thanks for your response, could you please confirm/provide a breakdown of how many males and how many females please for the years 2015 and 2016.

Yours sincerely,

Eve Thomas

Jessica Casey 42077705, Essex Police

1 Attachment

Thank you for your email below.

 

As per my response below, we are unable to break this down into
male/female.

 

Kind regards

 

Jessica Casey

Information Officer

Data Protection & Freedom of Information

Information Management

Continuous Improvement

Essex Police Headquarters

External Tel: 101 ext 150030

E-Mail:[email address]

Fax: 01245 452256 (int: 150045)

Non Emergency Telephone Number: 101 

 

[1]cid:image001.jpg@01D2F960.84E87850

 

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