Modern slavery incident reports

Waiting for an internal review by Derbyshire Constabulary of their handling of this request.

Dear Derbyshire Constabulary,

As part of ongoing data sharing protocols, incidents stored either on a log or the Force Crime System (FCS) relating to slavery and human trafficking are shared with the Home Office for reporting purposes.

Please provide the number of incident reports logged by your constabulary under the following opening codes between the periods of 1 June 2019 and September 31 2019.

N200/01 - NRM referral pending reasonable grounds decision
N200/02 – NRM referral negative reasonable grounds decision
N200/03 – NRM referral - Duty to notify only
N200/04 – NRM referral – Positive reasonable Grounds/Police Referral – Outside England and Wales
N200/05 – NRM referral – Negative reasonable Grounds – Outside England/Wales
N200/06 –NRM referral – transferred to another force in England and Wales

Please note that logged incidents should not be omitted on the basis of their eventual recording status. This request is for incident reports that fit the above criteria, which may or may not eventually be recorded.

Kind regards,
M Esslemont

Freedom of Information Office, Derbyshire Constabulary

1 Attachment

Dear Sir/Madam,

 

FREEDOM OF INFORMATION REQUEST

 

I write in connection with your request for information as shown below.

 

As part of ongoing data sharing protocols, incidents stored either on a
log or the Force Crime System (FCS) relating to slavery and human
trafficking are shared with the Home Office for reporting purposes.

 

Please provide the number of incident reports logged by your constabulary
under the following opening codes between the periods of 1 June 2019 and
September 31 2019.

 

N200/01 - NRM referral pending reasonable grounds decision

N200/02 – NRM referral negative reasonable grounds decision

N200/03 – NRM referral - Duty to notify only

N200/04 – NRM referral – Positive reasonable Grounds/Police Referral –
Outside England and Wales

N200/05 – NRM referral – Negative reasonable Grounds – Outside
England/Wales

N200/06 –NRM referral – transferred to another force in England and Wales

 

Please note that logged incidents should not be omitted on the basis of
their eventual recording status. This request is for incident reports that
fit the above criteria, which may or may not eventually be recorded.

 

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You should expect to 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 Derbyshire Constabulary may be unable
to achieve this deadline. If this is likely you will be informed and given
a revised timescale at the earliest opportunity.

 

There may be a fee payable for the retrieval, collation and provision of
the information you request. If this is the case you will be informed and
the 20 working day timescale will be suspended until we receive payment
from you. If you choose not to make payment then your request will remain
unanswered.

 

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.

 

Should you have any further enquiries concerning this matter, please write
or contact the Freedom of Information Officer, on the telephone number
below quoting the reference number shown in the header of this e-mail.

 

Yours sincerely,

 

Tara Swainson-Jenkins

Disclosure Assistant

Freedom of Information Unit 

Information Management Department

Derbyshire Constabulary, Butterley Hall, Ripley, Derbyshire DE5 3RS

Tel: 0300 122 8752 (Internal 17394)

Email: [1][email address]

Website: [2]www.derbyshire.police.uk

 

[3]cid:image007.jpg@01D53277.5E8B6B70

 

 

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WEBSITE: Join the policing family at Derbyshire Constabulary. For more
details visit [4]http://www.derbyshire.police.uk

 

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References

Visible links
1. mailto:[email address]
2. http://www.derbyshire.police.uk/
4. http://www.derbyshire.police.uk/

Freedom of Information Office, Derbyshire Constabulary

3 Attachments

Dear M Esslemont

 

Thank you for making a Freedom of Information request to the Derbyshire
Constabulary.

 

Please find attached our response.

 

Yours sincerely

 

Kevin Lea
Freedom of Information Officer

FOI Unit
Information Management Department
Derbyshire Constabulary 
Butterley Hall

Ripley

Derbyshire

DE5 3RS
Tel: 0300 122 8752

E-mail: [1][email address]

Web: [2]http://www.derbyshire.police.uk

[3]cid:image007.jpg@01D53277.5E8B6B70

 

 

PLEASE NOTE: This e-mail message is intended solely for the person to whom
it is addressed and may contain information of a confidential or legally
privileged nature which should not be disclosed. If you have received this
message in error, please notify the sender immediately and delete the
message and any attachments or copies. Any review, re-transmission,
dissemination or other use of, or taking action in reliance upon, this
message by persons or entities other than the intended recipient is
prohibited. Any views or opinions expressed in this e-mail are solely
those of the author and do not necessarily represent the views of
Derbyshire Constabulary or any other person and Derbyshire Constabulary
does not accept liability for any statement or opinion expressed. Please
be aware Derbyshire Constabulary monitors all internet e-mail activity and
content to maintain system performance and appropriate business usage.

 

WEBSITE: Join the policing family at Derbyshire Constabulary. For more
details visit [4]http://www.derbyshire.police.uk

 

WARNING: E-mail may be susceptible to data corruption, interception,
viruses, unauthorised amendments and unforeseen delays. All e-mail has
been scanned for viruses, but Derbyshire Constabulary cannot accept
liability for any loss or damage incurred as a result of virus infection
or any other data corruption, interception, unauthorised amendment or
delay.

 

 

References

Visible links
1. mailto:[email address]
2. http://www.derbyshire.police.uk/
4. http://www.derbyshire.police.uk/

Dear Derbyshire Constabulary,

I wish to request an internal review of case ref 005044/19 .

My internal review request is being made on the basis that a FOIA 2000 section 23 and section 23(1) exemption has been incorrectly applied. Therefore, I am raising this matter internally with the view of escalating with the Information Commissioner's Office should I not receive the data requested.

- Security exemption -
Whilst the Act does provide exemptions on data provision which "directly" or "indirectly" reference a named security body within the Act, including the National Crime Agency (NCA), the original request (case ref
005044/19) petitions for information which is no longer provided as part of data-sharing protocols with the NCA as a Competent Authority (CA). As you know, as of 2019 the Home Office subsumed all the functions of other CAs (including the NCA) as one new 'Single Competent Authority'. The original Freedom of Information request falls significantly outside of the cessation of the NCA's involvement in NRM decision-making which is now solely managed by the Home Office. The Act does not list the Home Office as a named "security body" which, therefore, invalidates your rejection on the grounds of Section 23(1).

- Precedent -
Forms of this data are already in the public domain. National Referral Mechanism referrals and MS1 forms, or 'duties to notify', are outlined in HM Government's annual Modern Slavery Report released on 18th October in three consecutive years. Furthermore, one constabulary (City London) has already provided the report logs requested. The disclosure of identical information by a similar policing body, along with Government and Home Office's willingness to provide similar data on referrals, further discredits your claim that the requested data has any security implications under Section 23 in its entirety, let alone 23(1) specifically.

- Public interest test -
In light of the irrelevant application of Section 23(1) in the rejection of case ref 003703/19, a public interest test therefore applies to this request. The data requested does not pertain to any sensitive information with security implications or information relating to the crime itself. The data references opening codes listed in the Home Office Counting Rules which pertain only to referrals to support for victims. To deny the clear public interest in victims' recourse to both justice and crime-specific aftercare as a result of crime reporting is to ignore the significant attention media outlets, the public, and policy makers pay to data integrity matters. The simple information requested by myself in the first instance is clearly capable of passing a public interest test.

For these reasons outlined, I wish for this case to be reconsidered as part of an internal review, and will revoke my corresponding complaint to the Information Commissioner's Office upon a satisfactory response.

Yours sincerely,
M Esslemont

Dear Derbyshire Constabulary,

Regarding the internal review for FOI 005044/19, I'd also like to clarify that the information sought is a figure for each individual opening code, rather than one blanket figure for them all. If any further clarification is needed before a decision is made as to whether to uphold my request for review, do not hesitate to contact me.

Kind regards,
M Esslemont