Freedom of Information Act 2000 (FOIA)

Thank you for your email received today in which you make a request for information that Northumbria Police may hold in accordance with the Freedom of Information Act 2000.

We are in the process of dealing with your request and a response should be provided to you by 23 November 2021 which is in accordance with the legislation.

Although every effort will be made to ensure a response is provided within statutory deadlines, due to current circumstances delays may be unavoidable. We apologise for any inconvenience and will endeavour to process your request as quickly as is practicable.

Yours sincerely

Information Management Unit

www.northumbria.police.uk | www.northumbria-pcc.gov.uk

'Our vision is to deliver an outstanding police service; working with communities to prevent crime and disorder and protect the most vulnerable people from harm.'

show quoted sections

Provision of information held by Northumbria Police made under the Freedom
of Information Act 2000 (the 'Act')

Thank you for your email received 26 October 2021 in which you made a
request for access to certain information which may be held by Northumbria
Police.

As you may be aware the purpose of the Act is to allow a general right of
access to information held at the time of a request, by a Public Authority
(including the Police), subject to certain limitations and exemptions.

You asked:

Please provide a breakdown of the number of officers based at each police
station/office as at 25th October 2021.

We have now had the opportunity to fully consider your request and I
provide a response for your attention.

I can confirm that the information you have requested is held by
Northumbria Police, however will not be disclosed and in withholding we
will rely on the following exemption:

Section 31(1) (a)(b)(c) – Law Enforcement

Section 31 of the Act (Law Enforcement) states that information is exempt
information if its disclosure under this Act would, or would be likely to
prejudice:

(a) The prevention or detection of crime

(b) The apprehension or prosecution of offenders

(c) The administration of justice

This exemption is a qualified and prejudice based exemption and therefore
the legislators accept that there may be harm if released into the public
domain.  The authority has to consider and describe the harm that would
occur if the information were released and carry out a public interest
test.  In accordance with best practice, I detail the harm first.

Harm

Any information that may hinder the prevention or detection of crime or
the apprehension or prosecution of offenders will not be considered for
disclosure.  While we release as much information into the public domain
as is possible we cannot jeopardise Law Enforcement by publishing what
resources are available in which areas.

To disclose information detailing how many police officers are based at
any named station/location could cause harm to the Police service’s
ability to protect the public it serves and could prejudice its ability to
perform core functions such as the prevention and detection of crime.

Clearly by releasing such information policing will be undermined as
anyone wishing to cause harm or disruption to Northumbria Police could use
this information to their advantage by targeting those locations which may
be perceived as being vulnerable, through seemingly low staffing, or
conversely those where more staff are based and where any disruption or
harm would have the biggest impact to the force, and consequently to
members of the communities we serve.

Disclosing this information will therefore prejudice the prevention and
detection of crime.

Public Interest Test

Factors favouring disclosure

The release of the information would demonstrate the openness of the
organisation to make public such matters, and contribute to the accuracy
and quality of public debate.

Factors favouring non-disclosure

Releasing data down to this level would give those individuals with the
intent to do so, the intelligence to disrupt police activity.  This
information would mean that offenders would be able to target their
offending more effectively which would inevitably lead to an increased
likelihood of terrorist or criminal activity and an increased danger to
the public.

On a national level, terrorists and criminals would be able to use this
knowledge to their own advantage in furthering terrorist/criminal activity
around the country.  The disclosure of information which is likely to
undermine the Police service’s ability to serve the public in preventing
and detecting crime can only be considered as being extremely harmful to
the public.

It should be recognised that the international security landscape is
increasingly complex and unpredictable.  The UK faces a serious and
sustained threat from violent extremists and this threat is greater in
scale and ambition than any of the terrorist threats in the past.  The
Home Secretary has recently announced that the UK threat level from
terrorism has been increased from Substantial to Severe.  It would not be
in either the public or the polices interests to provide information which
could aid those who are intent on causing disruption or harm to our
communities or police services.

Balance Test

Whilst this request may seem innocuous, releasing the information
requested would give those with criminal intent the ability to map those
areas where it may be perceived  have low, or conversely a high number, of
officers, thus ensuring any criminal intent to have the widest
implications both to the force and members of the public.

Having considered both sides of the public interest, it is considered that
the balance favours non-disclosure of the information requested.  Whilst
this information may be of interest to the public, it is not in the public
interest to increase the risk of terrorist/criminal activity.  We have a
duty of care to staff, officers and members of the public.  To put anyone
at risk just to fulfil a request under FOI would always be resisted.

You should consider this to be a refusal notice under section 17 of the
Act for your request.

If you decide to write an article / use the enclosed data we would ask you
to take into consideration the factors highlighted in this document so as
to not mislead members of the public or official bodies, or misrepresent
the relevance of the whole or any part of this disclosed material.

Due to the different methods of recording information across 43 forces, a
specific response from one constabulary should not be seen as an
indication of what information could be supplied (within cost) by
another.  Systems used for recording these figures are not generic, nor
are the procedures used locally in capturing the data.  For this reason
responses between forces may differ, and should not be used for
comparative purposes.

The information we have supplied to you is likely to contain intellectual
property rights of Northumbria Police.  Your use of the information must
be strictly in accordance with the Copyright Designs and Patents Act 1988
(as amended) or such other applicable legislation.  In particular, you
must not re-use this information for any commercial purpose.

You may be interested to know that Northumbria Police routinely publish
information via the Disclosure Log.  The aim of the Disclosure Log is to
promote openness and transparency by voluntarily placing information into
the public arena.

The Disclosure Log contains copies of some of the information that has
been disclosed by Northumbria Police in response to requests made under
the Freedom of Information Act 2000.

Whilst it is not possible to publish all responses we will endeavour to
publish those where we feel that the information disclosed is in the wider
public interest.

The Disclosure Log will be updated once responses have been sent to the
requester.

I have provided the relevant link below.

[1]https://beta.northumbria.police.uk/about...

How to complain

If you are unhappy with our decision or do not consider that we have
handled your request properly and we are unable to resolve this issue
informally, you are entitled to make a formal complaint to us under our
complaints procedure, attached.

If you are still unhappy after we have investigated your complaint and
reported to you the outcome, you may complain directly to the Information
Commissioner’s Office and request that they investigate to ascertain
whether we have dealt with your request in accordance with the Act.

Yours sincerely

Tim Pasola

Data Protection and Disclosure Advisor

[NOT PROTECTIVELY MARKED]

'Our vision is to deliver an outstanding police service; working with
communities to prevent crime and disorder and protect the most vulnerable
people from harm.'

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE The information
contained in this message and any attachment(s) is confidential and
intended only for the attention of the named organisation or individual to
whom it is addressed. The message may contain information that is covered
by legal, professional or other privilege. No mistake in transmission is
intended to waive or compromise any such privilege. This message has been
sent over public networks and the sender cannot be held responsible for
its integrity. If you are not the intended recipient be aware that any
disclosure, copying, distribution or action taken in reliance of the
information contained herein is strictly prohibited, and is contrary to
the provisions of the Copyright Designs and Patents Act, 1988 and of the
Data Protection Act, 2018. Any views expressed are those of the sender
and, unless specifically stated, do not necessarily represent the view of
Northumbria Police. We cannot accept any liability for any loss or damage
sustained as a result of software viruses. It is your responsibility to
carry out such virus checking as is necessary. If you have received this
message in error, please notify the sender by e-mail at once and delete
the message immediately. For more information about Northumbria Police
please visit our website - http://www.northumbria.police.uk

References

Visible links
1. https://beta.northumbria.police.uk/about...

 
Your request for an internal review is noted. A response will be sent to
you as soon as the internal review has been conducted.
 
Please use the reference number we  provide above in th e subject line any
further correspondence on this matter
 
Regards
 
FOI Team
 
[1]www.northumbria.police.uk
 
'Our vision is to deliver an outstanding police service; working with
communities to prevent crime and disorder and protect the most vulnerable
people from harm.'
 

show quoted sections

Provision of information held by Northumbria Police made under the Freedom
of Information Act 2000 (the 'Act')

INTERNAL REVIEW - Freedom of Information Act 2000 (FOIA) Request 1465/21 -
Officer Breakdown by Station

Thank you for your correspondence dated 17 November 2021 in which you
requested a review of the response to your request for access to certain
information which may be held by Northumbria Police.

As you may be aware the purpose of the Act is to allow a general right of
access to information held by a Public Authority (including the Police)
subject to certain limitations and exemptions

You asked for:

Please provide a breakdown of the number of officers based at each police
station/office as at 25th October 2021.

In response we advised:

I can confirm that the information you have requested is held by
Northumbria Police, however will not be disclosed and in withholding we
will rely on the following exemption:

Section 31(1) (a)(b)(c) – Law Enforcement

Section 31 of the Act (Law Enforcement) states that information is exempt
information if its disclosure under this Act would, or would be likely to
prejudice:

(a) The prevention or detection of crime

(b) The apprehension or prosecution of offenders

(c) The administration of justice

This exemption is a qualified and prejudice based exemption and therefore
the legislators accept that there may be harm if released into the public
domain.  The authority has to consider and describe the harm that would
occur if the information were released and carry out a public interest
test.  In accordance with best practice, I detail the harm first.

Harm

Any information that may hinder the prevention or detection of crime or
the apprehension or prosecution of offenders will not be considered for
disclosure.  While we release as much information into the public domain
as is possible we cannot jeopardise Law Enforcement by publishing what
resources are available in which areas.

To disclose information detailing how many police officers are based at
any named station/location could cause harm to the Police service’s
ability to protect the public it serves and could prejudice its ability to
perform core functions such as the prevention and detection of crime.

Clearly by releasing such information policing will be undermined as
anyone wishing to cause harm or disruption to Northumbria Police could use
this information to their advantage by targeting those locations which may
be perceived as being vulnerable, through seemingly low staffing, or
conversely those where more staff are based and where any disruption or
harm would have the biggest impact to the force, and consequently to
members of the communities we serve.

Disclosing this information will therefore prejudice the prevention and
detection of crime.

Public Interest Test

Factors favouring disclosure

The release of the information would demonstrate the openness of the
organisation to make public such matters, and contribute to the accuracy
and quality of public debate.

Factors favouring non-disclosure

Releasing data down to this level would give those individuals with the
intent to do so, the intelligence to disrupt police activity.  This
information would mean that offenders would be able to target their
offending more effectively which would inevitably lead to an increased
likelihood of terrorist or criminal activity and an increased danger to
the public.

On a national level, terrorists and criminals would be able to use this
knowledge to their own advantage in furthering terrorist/criminal activity
around the country.  The disclosure of information which is likely to
undermine the Police service’s ability to serve the public in preventing
and detecting crime can only be considered as being extremely harmful to
the public.

It should be recognised that the international security landscape is
increasingly complex and unpredictable.  The UK faces a serious and
sustained threat from violent extremists and this threat is greater in
scale and ambition than any of the terrorist threats in the past.  The
Home Secretary has recently announced that the UK threat level from
terrorism has been increased from Substantial to Severe.  It would not be
in either the public or the polices interests to provide information which
could aid those who are intent on causing disruption or harm to our
communities or police services.

Balance Test

Whilst this request may seem innocuous, releasing the information
requested would give those with criminal intent the ability to map those
areas where it may be perceived have low, or conversely a high number, of
officers, thus ensuring any criminal intent to have the widest
implications both to the force and members of the public.

Having considered both sides of the public interest, it is considered that
the balance favours non-disclosure of the information requested.  Whilst
this information may be of interest to the public, it is not in the public
interest to increase the risk of terrorist/criminal activity.  We have a
duty of care to staff, officers and members of the public.  To put anyone
at risk just to fulfil a request under FOI would always be resisted.

You should consider this to be a refusal notice under section 17 of the
Act for your request.

Your request for Internal review stated:

There is no reason to with hold this information.  It does not identify
officers, but does give the public information of the number of officers
assigned to areas across the forces area.

In response:

Whilst revisiting our original response to you as part of the review
process we have, again, arrived at the same decision as previously
outlined.

Agreed such a response would not provide the identity of officers, but it
would identify exactly the number of officers based at each station/office
and that is where there is significant harm in disclosure.  Therefore, for
the reasons outlined in our original response this information will not be
disclosed and that Section 31(1) (a)(b)(c) – Law Enforcement is fully
applicable.

In conclusion, it is the decision of this review that the original
response was entirely appropriate and your complaint is not upheld.

If you remain dissatisfied with the outcome of this review then it remains
open to you to refer this matter to the Information Commissioner at the
following address:

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Yours sincerely

Hayley Young

Information Management Unit Manager

[NOT PROTECTIVELY MARKED]

[1]www.northumbria.police.uk

'Our vision is to deliver an outstanding police service; working with
communities to prevent crime and disorder and protect the most vulnerable
people from harm.'

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE The information
contained in this message and any attachment(s) is confidential and
intended only for the attention of the named organisation or individual to
whom it is addressed. The message may contain information that is covered
by legal, professional or other privilege. No mistake in transmission is
intended to waive or compromise any such privilege. This message has been
sent over public networks and the sender cannot be held responsible for
its integrity. If you are not the intended recipient be aware that any
disclosure, copying, distribution or action taken in reliance of the
information contained herein is strictly prohibited, and is contrary to
the provisions of the Copyright Designs and Patents Act, 1988 and of the
Data Protection Act, 2018. Any views expressed are those of the sender
and, unless specifically stated, do not necessarily represent the view of
Northumbria Police. We cannot accept any liability for any loss or damage
sustained as a result of software viruses. It is your responsibility to
carry out such virus checking as is necessary. If you have received this
message in error, please notify the sender by e-mail at once and delete
the message immediately. For more information about Northumbria Police
please visit our website - http://www.northumbria.police.uk

References

Visible links
1. file:///tmp/www.northumbria.police.uk