Modern Slavery incidents

Waiting for an internal review by Essex Police of their handling of this request.

Dear Essex 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

Info Rights Freedom 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 Section 14 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 www.ico.gov.uk
specific information relating to submitting a request can be found at:
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.

 

Kind regards

 

 

Information Management Department | Information Rights Section | Essex
Police

Telephone: 01245 452647 | Email: [1][Essex Police request email]

Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA  (for Sat Nav directions,
use CM2 6DN for HQ)

[2]cid:image001.png@01D4EA0F.18BBB1F0

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests: 
[3]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:  [4]info.rights.freedom@essex. police.uk

 

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 [5]https://ico.org.uk/

 

 

show quoted sections

Info Rights Freedom Essex, Essex Police

2 Attachments

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 Section
1(1)(a) is to confirm or deny whether the information specified in a
request is held. The second duty at Section 1(1)(b) is to disclose
information that has been confirmed as being held. Where exemptions are
relied upon Section 17 of the 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:

 

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

 

Essex Police can neither confirm nor deny that it holds any information
relevant to this request as the duty in Section 1(1)(a) of the Freedom of
Information Act 2000 does not apply by virtue of the following exemptions:

 

Section 23 is a class based absolute exemption and there is no requirement
to consider the public interest in this case. Confirming or denying
existence of information held would contravene the constrictions laid out
with Section 23 of the Freedom of Information Act 2000 in that this
stipulates a generic bar on disclosure of any information applied by, or
concerning, certain Security Bodies.

 

Having said that, and in an effort to assist, Essex Police can confirm the
following:

 

The National Referral Mechanism (NRM) is a framework for identifying
victims of human trafficking or modern slavery and ensuring they receive
the appropriate support.

 

On 29 April 2019 the Home Office assumed responsibility for all areas of
the NRM, including referrals, decision making and data collection – please
see below link:

 

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

 

Prior to that date the National Crime Agency (NCA) was responsible for
collecting data on the NRM and that data can still be found on
[2]Publications.  For statistics prior to 2017, please visit the
[3]National Archive.

 

Essex Police trusts that the information provided is of assistance. Thank
you for your interest in Essex Police.

 

Information Rights Team

Information Management Department

Information Rights Section

E-Mail: [4][Essex Police request email]

 

[5]cid:image001.png@01D3E908.EC4D1080

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests
[6]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:  [7][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 [8]https://ico.org.uk/

 

 

From: Info Rights Freedom Essex
Sent: 14 October 2019 13:59
To: 'M Esslemont' <[9][FOI #611707 email]>
Subject: RE: FOI 13744 Modern Slavery and Human Trafficking Statistics

 

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 Section 14 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
[10]www.ico.gov.uk specific information relating to submitting a request
can be found at:
[11]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.

 

Kind regards

 

 

Information Management Department | Information Rights Section | Essex
Police

Telephone: 01245 452647 | Email: [12][Essex Police request email]

Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA (for Sat Nav directions, use
CM2 6DN for HQ)

[13]cid:image001.png@01D4EA0F.18BBB1F0

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests:
[14]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: [15]info.rights.freedom@essex. police.uk

 

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 [16]https://ico.org.uk/

 

 

show quoted sections

Dear Essex Police,

I wish to request an internal review for a rejected FOI request, which asked for information on modern slavery incidents. Please note, no reference ID was given but the correspondence can be viewed here: https://www.whatdotheyknow.com/request/m...

My internal review request is being made on the basis that a FOIA 2000 section 23 and section 23(1) exemption was 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 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, two constabularies (City of London and Bedfordshire) have 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 regards to my original request, a public interest test therefore applies. The data requested in the first instance 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

Info Rights Freedom Essex, Essex Police

1 Attachment

Good afternoon,

 

We are in receipt of your complaint in respect of our reply to your FOI
request, and we will conduct a review as requested.

 

The Information Commissioner's guidance for reviews held under section 50
of the Act  (available here: 
[1]https://ico.org.uk/for-the-public/offici... ) is that they
should be completed within twenty working days of receipt of the complaint
(unless exceptional circumstances arise in which case the authority may
extend the deadline by a further twenty working days) this gives a
deadline of the 09/12/2019. This allows for a complete review of the
request, including research to establish what information is held.

 

We will write again by that date.

 

As advised in our reply if you are not content with the outcome of the
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 or via [2]http://www.ico.gov.uk/

 

Kind regards,

 

Information Rights | Information Management Department | Information
Rights Section | Essex Police

Telephone 01245 452 647 or 101 extension 150030 | Email
[3][Essex Police request email]
Address: Information Management, Information Rights, Essex Police HQ, PO
Box 2, Chelmsford CM2 6DA

[4]cid:image001.png@01D3E908.EC4D1080

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests
[5]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:  [6][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 [7]https://ico.org.uk/

 

 

show quoted sections

Dear Essex police,

By way of clarification, I am getting in touch to make it clear that the original request is for data disaggregated by opening code, rather than one single blanket figure. Please either treat this as a separate request, or bear this in mind as part of the internal review for the request made in the first instance (7569/19.).

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/m...

Yours faithfully,
M Esslemont