Dear Merseyside Police,

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, Merseyside Police

Your email to the Merseyside Police Freedom of Information (FOI) in box is
acknowledged.

 

If it contains an initial (new) request under FOI it will be dealt with in
accordance with section 10 of the Act which means that you are entitled to
receive a response no later than 20 working days after the first working
day* on which your request is received.

 

Other arrangements may apply if a fees notice is issued or if the time
period is extended in order that public interest considerations of our
response may take place. Section 10 also allows public authorities to
apply variations to the normal 20 working day timescale in some limited
circumstances.

 

Due to the volume of e-mail correspondence and FOI applications received,
the Force regrets that individual acknowledgement e-mails will not be sent
even if specifically requested.

 

If the correspondence cannot be dealt with as FOI, it will be forwarded
internally and you will be advised of the location. Any related
communication must be direct to the identified location and not the FOI
e-mail address.

 

*The ‘working day’ is defined as any day other than a Saturday, a Sunday,
Christmas Day, Good Friday or a day which is a bank holiday under the
Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
The first reckonable day is the working day after the working day of
receipt.

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Police may be subject to monitoring and recording.
============================================================

Freedom Of Information, Merseyside Police

1 Attachment

Dear M Esslemont

Response Letter - FOI Application DM2019/1276 (please quote in all
correspondence)

I write in connection with your request for information, which was
received by Merseyside Police on 14/10/2019, concerning:

(summary of request) incidents logged as slavery/human trafficking NRM
referrals between 1 June 2019 and 30 September 2019

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

Section 17, Freedom of Information Act, 2000, requires Merseyside Police,
when refusing to provide such information (because the information is
exempt) to provide you 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.

Reason for Decision:

Information exempt under Section 23(1) of the Freedom of Information Act. 
Section 23 states that information which relates to certain security
bodies is exempt from disclosure.

This communication therefore serves as a Refusal Notice under the FOI
Act.  Section 23 is an absolute exemption under the terms of the Freedom
of Information Act, and there is no requirement to conduct a public
interest test.

Please find attached my full response table.

Complaint Rights

Your attention is drawn to the information following this response, which
details your rights of review and of complaint.

Should you have any further enquiries concerning this matter, please write
to or e-mail me at the below address, quoting the reference number above.

Yours sincerely

Mr D May
Disclosure Analyst
FOI Team
Data Access Unit
Merseyside Police
PO BOX 59
LIVERPOOL L69 1JD
E-mail: [1][Merseyside Police request email]

Making a complaint or appeal about your Freedom of Information response

We accept that sometimes you may not agree with the decision we’ve made
about your Freedom of Information request. If this is the case there is an
internal complaints procedure that should be followed.

You should make your complaint in writing to:

FOI Team

Data Access Unit
Merseyside Police

PO BOX 59

LIVERPOOL

L69 1JD

It should detail:

What the original request was

The nature of the complaint

Why you feel you should have received more information

Your complaint will be fully investigated and will be dealt with by a
staff member who was not involved in the original decision. We will write
to you to advise the outcome of your complaint.

If you are dissatisfied with the results of your complaint you have the
right to appeal to the Information Commissioner. He can be contacted at:

The Office of the Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

More information is available from the Information Commissioner's website

[2]http://www.ico.org.uk

 

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This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the sender as soon
as possible. This footnote confirms that all reasonable steps have been
taken to ensure that this email message has been swept for the presence of
computer viruses. The views expressed in this communication may not
necessarily be the views of Merseyside Police. All communications,
including telephone calls and electronic messages to and from Merseyside
Police may be subject to monitoring and recording.
============================================================

References

Visible links
1. mailto:[Merseyside Police request email]
2. http://www.ico.org.uk/

Dear Freedom Of Information,

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

I wish to request an internal review of case ref DM2019/1276P.

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 DM2019/1276P) 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. NRM 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

Freedom Of Information, Merseyside Police

Your email to the Merseyside Police Freedom of Information (FOI) in box is
acknowledged.

 

If it contains an initial (new) request under FOI it will be dealt with in
accordance with section 10 of the Act which means that you are entitled to
receive a response no later than 20 working days after the first working
day* on which your request is received.

 

Other arrangements may apply if a fees notice is issued or if the time
period is extended in order that public interest considerations of our
response may take place. Section 10 also allows public authorities to
apply variations to the normal 20 working day timescale in some limited
circumstances.

 

Due to the volume of e-mail correspondence and FOI applications received,
the Force regrets that individual acknowledgement e-mails will not be sent
even if specifically requested.

 

If the correspondence cannot be dealt with as FOI, it will be forwarded
internally and you will be advised of the location. Any related
communication must be direct to the identified location and not the FOI
e-mail address.

 

*The ‘working day’ is defined as any day other than a Saturday, a Sunday,
Christmas Day, Good Friday or a day which is a bank holiday under the
Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
The first reckonable day is the working day after the working day of
receipt.

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the sender as soon
as possible. This footnote confirms that all reasonable steps have been
taken to ensure that this email message has been swept for the presence of
computer viruses. The views expressed in this communication may not
necessarily be the views of Merseyside Police. All communications,
including telephone calls and electronic messages to and from Merseyside
Police may be subject to monitoring and recording.
============================================================

Scurrah Nikki Audrey, Merseyside Police

5 Attachments

Dear Ms Esslemont,

 

FOI – DM2019/1276

 

I acknowledge receipt of your email requesting that Merseyside Police
review its response to your request for information concerning:

 

The exemption used in response to your request regarding NRM referrals and
the number of incidents logged.

 

An internal review will be undertaken surrounding our FOI response - this
will be considered independently by the Information Governance Manager.
The review will be conducted in accordance with the Merseyside Police
review procedure and every effort will be made to have a response to you
no later than the 28/11/2019 (20 working days from receipt of internal
review request, as advocated by the ICO).

 

However, if it becomes clear that the review will not be completed by this
date you will be contacted.

 

Yours sincerely,

 

Mrs Nicola Scurrah
Data Access Supervisor
CJ PNC & Data Access

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Email: [email address]
Website: [2]www.merseyside.police.uk

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============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the sender as soon
as possible. This footnote confirms that all reasonable steps have been
taken to ensure that this email message has been swept for the presence of
computer viruses. The views expressed in this communication may not
necessarily be the views of Merseyside Police. All communications,
including telephone calls and electronic messages to and from Merseyside
Police may be subject to monitoring and recording.
============================================================

References

Visible links
2. file:///tmp/www.merseyside.police.uk
3. https://www.facebook.com/merseypolice
4. https://twitter.com/merseypolice
5. https://www.youtube.com/merseysidepolice
6. https://www.instagram.com/merseysidepolice

Dear Merseyside Police,

Thank you for confirming my internal review for FOI DM2019/1276. Please note that should a decision be upheld in my favour, I wish for the data to be provided according to each opening code rather than as one amalgamated figure.

Yours faithfully,
M Esslemont

Freedom Of Information, Merseyside Police

Your email to the Merseyside Police Freedom of Information (FOI) in box is
acknowledged.

 

If it contains an initial (new) request under FOI it will be dealt with in
accordance with section 10 of the Act which means that you are entitled to
receive a response no later than 20 working days after the first working
day* on which your request is received.

 

Other arrangements may apply if a fees notice is issued or if the time
period is extended in order that public interest considerations of our
response may take place. Section 10 also allows public authorities to
apply variations to the normal 20 working day timescale in some limited
circumstances.

 

Due to the volume of e-mail correspondence and FOI applications received,
the Force regrets that individual acknowledgement e-mails will not be sent
even if specifically requested.

 

If the correspondence cannot be dealt with as FOI, it will be forwarded
internally and you will be advised of the location. Any related
communication must be direct to the identified location and not the FOI
e-mail address.

 

*The ‘working day’ is defined as any day other than a Saturday, a Sunday,
Christmas Day, Good Friday or a day which is a bank holiday under the
Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
The first reckonable day is the working day after the working day of
receipt.

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the sender as soon
as possible. This footnote confirms that all reasonable steps have been
taken to ensure that this email message has been swept for the presence of
computer viruses. The views expressed in this communication may not
necessarily be the views of Merseyside Police. All communications,
including telephone calls and electronic messages to and from Merseyside
Police may be subject to monitoring and recording.
============================================================

Boyham Ian Frank, Merseyside Police

6 Attachments

Dear Ms Esslemont,

 

Further to the Data Access Supervisor’s email of 04/11/19 acknowledging
receipt of your request for Merseyside Police to conduct an internal
review of your Freedom of Information, I confirm that I have completed my
review.

 

You requested: (summary) NRM referrals and the number of incidents logged.

 

Decision

I have decided to release the information requested to you. Please see
attached Response Table.

 

Section 17, Freedom of Information Act, 2000, requires Merseyside Police,
when refusing to provide such information (because the information is
exempt) to provide you 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.

 

Complainant Rights:

Should you disagree with this decision you have a further right of appeal
to the Information Commissioner the contact details for whom are below.

 

The Office of the Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

More information is available from the Information Commissioner's website

http://www.ico.org.uk

 

Yours sincerely,

 

Ian.

 

Ian Boyham
Information Assurance Coordinator PR
CSD Information Security

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Direct Line Tel: +441517778317
Mobile Tel: +447966651121
Email: [email address]
Website: [2]www.merseyside.police.uk

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P Please consider the environment - do you really need to print this
email?

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the sender as soon
as possible. This footnote confirms that all reasonable steps have been
taken to ensure that this email message has been swept for the presence of
computer viruses. The views expressed in this communication may not
necessarily be the views of Merseyside Police. All communications,
including telephone calls and electronic messages to and from Merseyside
Police may be subject to monitoring and recording.
============================================================

References

Visible links
2. file:///tmp/www.merseyside.police.uk
3. https://www.facebook.com/merseypolice
4. https://twitter.com/merseypolice
5. https://www.youtube.com/merseysidepolice
6. https://www.instagram.com/merseysidepolice