Enhanced CRB check

The request was partially successful.

Dear West Midlands Police,

Can you please provide all information used to determine what information is provided by police on a enhanced CRB. It's known that a persons criminal convictions/cautions are placed on the Enhanced CRB but there's also a option for the local police force to add their own information.

What guidance/information is issued to staff to determine what information the police can add to the enhanced CRB.

Yours faithfully,

Roxy Smith

Freedom of Information,

1 Attachment

Dear Sir/Madam

 

FREEDOM OF INFORMATION ACT 2000

 

Your request for information received 13 July 2013, has now been
considered.

 

REQUEST

 

Can you please provide all information used to determine what information
is provided by police on a enhanced CRB. It's known that a persons
criminal convictions/cautions are placed on the Enhanced CRB but there's
also a option for the local police force to add their own information.

 

What guidance/information is issued to staff to determine what information
the police can add to the enhanced CRB.

 

 

RESPONSE

 

I can confirm that West Midlands Police holds information relevant to your
request.

 

However, although part of this information is attached (3935_ans_01.pdf).
Under section 21 of the Freedom of Information Act, we are not required to
provide information in response to a request if it is already reasonably
accessible to you.

 

Information relating to the DBS Quality Assurance Framework which provides
a standard approach for our decision making, is available on the GOV.UK
website at the following link:

 

[1]https://www.gov.uk/government/publicatio...

 

Therefore, I consider it to be exempt by virtue of Section 21 (1) of the
Act. This exemption and explanatory notes are shown here:

 

[2]http://www.west-midlands.police.uk/foi/p...

 

 

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:

 

[3]http://www.west-midlands.police.uk/pdf/F...

 

Please note that such an appeal must be received within 40 working days of
the date of this correspondence.

 

If you require any further information, then please do not hesitate to
contact me.

 

Yours sincerely,

 

David Notley

Freedom of Information Unit

Information Services

Tel: 0345 113 5000

 

To report crime and anti-social behaviour which does not require an
emergency response please call 101. In an emergency call 999. For all
other enquiries (or for callers outside the West Midlands), dial 0345 113
5000

Website: [4]www.west-midlands.police.uk
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Our vision: Serving our communities, protecting them from harm

 

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
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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

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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 'Enhanced CRB check'.

I find it hard to believe that there is no additional documents in addition to the Quality Assurance Framework.

Section 82 of the Protection of Freedoms Act 2012 states the Chief Constable should justify the
following:
1) the decision to include non-conviction information on an enhanced certificate;
2) the risk that might be posed;
3) the source of the information.

I find it hard to believe that there is no one other document available to assist compliance with the Protection of Freedoms Act 2012 in relation to what can be placed on a enhanced CRB check.

Otherwise how is a consistent approach taken?

Yours faithfully,

Roxy Smith

Freedom of Information,

7 Attachments

Dear Ms Smith

 

FREEDOM OF INFORMATION ACT 2000 REQUEST REFERENCE No: 3935/13

 

Thank you for your email received 19 July 2013 where you requested West
Midlands Police to review its response to your request for information
concerning enhanced CRB checks. I apologise for the delay in providing
this response.

 

REQUEST

 

Can you please provide all information used to determine what information
is provided by police on an enhanced CRB. It's known that a person’s
criminal convictions/cautions are placed on the Enhanced CRB but there's
also a option for the local police force to add their own information.

 

What guidance/information is issued to staff to determine what information
the police can add to the enhanced CRB.

 

DECISION UNDER THE TERMS OF THE FREEDOM OF INFORMATION ACT

 

In addition to the information that was sent to you on 19 July 2013 I have
identified some additional training material. These documents are
attached.

 

Please note that some of the documents contained personal data, and there
is an internal phone number. These have been redacted.

 

The Freedom of Information Act places two responsibilities on public
authorities, the first of which is to confirm what information it holds
and secondly to then disclose that information, unless exemptions apply.

 

In this case, this letter represents a Refusal Notice for the redacted
parts of the attached documents. Some information is exempt by virtue
Section 40 (2). Other information is exempt by virtue of Section 31 (1).

 

These exemptions and explanatory notes are shown here:

 

http://www.west-midlands.police.uk/foi/p...

 

Section 40 (2) is an absolute and class based exemption if to release the
information exists would breach the third party’s data protection rights. 
In this case to release this personal information would not constitute
fair processing of the data and therefore would breach the first of the
principles within the Data Protection Act 1998. As this exemption is class
based I am not required to identify the harm in disclosure and in this
instance I believe that the right to privacy outweighs any public interest
in release.

 

Section 31 requires the application of a public interest test.

 

Harm

 

The Drug Interventions Programme (DIP) provides a process that starts
within the custody block where offenders who have been drug tested and
provided a positive drug test for specified class ‘A’ drugs. Those
providing a positive test are required to be assessed by a drug treatment
worker to enable the offender to address their drug misuse, and thereby
reducing their offending behavior. This is then complimented when
appropriate by tailored management of the offender by partner agencies.
Communications to this end within West Midlands Police and partner
agencies is key to their effective working.

 

If the number was out in the public domain it could be used mistakenly (or
mischievously) creating email traffic that the DIP team would have to deal
with. This would distract them from their important work, reducing the
effectiveness of the programme.

 

Public Interest Test

 

Issues favouring disclosure:

 

If the email address was made public, then the public would know what
email address is used internally to contact the DIP team.

 

Issues favouring non-disclosure:

 

The DIP team do not use this email address to communicate with the public
and so any email traffic would create inefficiencies as it would distract
the team from their duties. It would also inhibit effective communication
between the DIP team and other departments and agencies. It could also
prove to cause a delay in the police’s ability to respond to queries if
they were misdirected to this email address.

 

Conclusion

 

The release of the information requested would be likely to affect the
effective operation of WMP if it were in the public domain as it would
have a direct effect on the operational capability of the DIP team and so,
ultimately the Drug Intervention Programme itself.

 

Communication is key to effective policing and release of this email could
lead to an increase in misdirected emails, degrading the service that the
police provide.

 

On balance the need for the police to effectively carry out operations and
communicate effectively with the public must take precedence. This means
that in this case at this time it would not be in the public interest to
release this information.

 

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

 

 

Yours sincerely,

 

 

 

 

Carl Bird

Freedom of Information

 

 

Freedom of Information Unit

Corporate Communications

To report crime and anti-social behaviour which does not require an
emergency response, please call 101. In an emergency, dial 999.

 

Ext: 7630 6260

[1][email address]

 

Website: [2]www.west-midlands.police.uk
Twitter: [3]www.twitter.com/wmpolice
Facebook: [4]www.facebook.com/westmidlandspolice
YouTube: [5]www.youtube.com/westmidlandspolice

Flickr: [6]www.flickr.com/westmidlandspolice

 

[7]View all our social network links

 

Our vision: Serving our communities, protecting them from harm

 

 

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

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Peter Danby left an annotation ()

Hi Roxy

CRB/DBS is a contract and on the application forms it does not tell people that signing it wavers your right to article 8 of the Human Rights Act.

Surely the UK police should have the same checks as the public" instead of there in-house checks which are not open to public scrutiny.The UK police can employ anybody at there discretion".

Police Services Northern Ireland have DBS checks....

Immigrant workers who i have worked with have told me about there past, but are not worried about DBS checks as the police national computer is not a world wide check....

People committing crimes in the UK are more likely to have DBS checks.

Best of luck,

Pete