Dear London Fire and Emergency Planning Authority (London Fire Brigade),

pse can you tell me how many employees are currently the subject of criminal charges from the police. please also supply their job title and/or rank, details of the alleged offence and whether they are suspended or remain in the workplace.

Yours faithfully,

m.spaven

London Fire Commissioner (London Fire Brigade)

3 Attachments

Dear Sir or Madam

Thank you for your request below, dated 22 April 2016,  in relation to the
current number of London Fire Brigade employees subject to criminal
charges from the police.   It will be considered under the Freedom of
Information Act 2000.

 

We will respond promptly and within 20 working days.  Please don’t
hesitate to contact me should you have any queries,  quoting the reference
number above on all correspondence.

 

Kind Regards

 

 

Sherine Malko

 

Sherine Malko
Information Access Manager
London Fire Brigade
169 Union Street, London SE1 0LL

T: 020 8555 1200 ext. 30384
E: [1][email address]

[2]cid:image001.jpg@01D131E2.B58A3A80 [3]cid:image002.jpg@01D17E9B.9D24F290 
[4]cid:image003.jpg@01D17E9B.9D24F290

Why not visit our website at [5]www.london-fire.gov.uk

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Data Protection Act 1998

Your personal information will be processed by the London Fire and
Emergency Planning Authority for the purpose of fire service
administration. We will keep your details secure and will not disclose
them to other organisations or third parties (except contractors or
suppliers working on our behalf) without your permission unless we are
legally required to do so. For more information about how we use your
personal information, see our notification entry (Z7122455) at:
[6]www.ico.org.uk

 

 

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London Fire Commissioner (London Fire Brigade)

3 Attachments

Dear Sir or Madam

 

Thank you for your request, dated 22 April 2016,  regarding the number of
London Fire Brigades (LFB) employees who are currently subject to criminal
charges, their job title/rank, details of the alleged offence and whether
or not they remain in the workplace.

 

Your request has been considered under the Freedom of Information Act 2000
(FOIA)  and under this act, the LFB is legally required to not only
provide information unless it is exempt but to also confirm whether or not
that information is held unless to do so would provide exempt information.

 

I can confirm that we hold information that may cover the scope of your
request however this information is exempt from disclosure under s.31(1)
of FOIA (Law Enforcement and s.40 (Personal information).  Section 31
would prohibit disclosure where the information being disclosed  would or
would be likely to, prejudice:   

o the prevention or detection of crime
o the administration of justice
o the exercises by any public authority of its functions for any of the
purposes specified in subsection (2).

 

As section 31 is a prejudice based qualified exemption this means the
evidence of harm ‘prejudice’ needs to be evidenced and the public interest
considered to ensure the exemption is applied appropriately.  As you may
know, any release under FOIA is a disclosure to the public at large and ,
not just to the individual making the request. 

In processing this request we have considered  whether the public interest
in withholding the information you have requested outweighs the public
interest in disclosure. I have set out our public interest test
considerations for and against disclosure below:

Considerations supporting disclosure

·         the public's right to information held by public authorities.

·         it could be argued that public confidence in investigations and
any possible action there after, which the LFB or another body or person
has the duty to conduct/consider, can be increased through greater
transparency of its processes.

·         the information relates to matters of public and community
safety and confidence that members of the public have in the employees of
the LFB. Therefore, it could be argued that there is a public interest in
the disclosure.

Considerations against disclosure

o To disclose information in relation to staff members currently being
subject to criminal charges would reveal actual policing and possible
internal disciplinary activity. In this case, we consider that
disclosing the information  has the  potential to undermine any
ongoing investigations or disciplinary activity that may or may not be
ongoing.   
o the disclosure would in such circumstances, be likely to diminish the
chances of a fair trial/hearing.

Section 40 (Personal information) under FOIA is an absolute exemption so
although we do not have to balance the public interest test, we have taken
into account the Data Protection principles in our response and in
particular Principle 1 (Fair and Lawful).  We consider it to be unfair to
any LFB staff member to disclosure information of this nature about them. 
This is due not only to the potential consequences to them of this
information being disclosed to the public but also that as part of their
adherence to current LFB policy, employees are required to declare any
criminal charges or conviction that may be ongoing against them.  It would
be therefore unfair of the LFB (as their employer) to disclose this
information about them under the first Principle of the Data Protection
Act.  This information may also refer to their private rather than their
professional life so disclosure may also lead to an unnecessary or
unwarranted intrusion of their privacy.

Having balanced the public interest in this case, we have determined that
the public interest in maintaining these exemptions outweighs the public
interest in disclosing of the information requested.  We believe that
disclosure of the information you have requested would, or would be likely
to, prejudice any ongoing  investigations, as well as any possible,
prospective, legal or criminal proceedings that may follow.  We do not
believe it is in the public interest to disclose information that will
undermine public safety or undermine law enforcement colleagues thereby
assisting those who are intent on committing crime or avoiding justice. 

I’m sorry I could not have been more helpful. If you have any further
questions please let me know, quoting the above reference number on all
correspondence .

Your request has been dealt with under the Freedom of Information Act
2000. If you are dissatisfied by this response you can request an internal
review by writing to the Head of Information Management and Performance at
the address below (or email [1][email address]).

Further information about your information rights (including how to raise
a concern or make a complaint) is available from the Information
Commissioner’s Office on their website at [2]www.ico.org.uk or by writing
to them at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Kind Regards,

 

 

Sherine Malko

 

Sherine Malko
Information Access Manager
London Fire Brigade
169 Union Street, London SE1 0LL

T: 020 8555 1200 ext. 30384
E: [3][email address]

[4]cid:image001.jpg@01D131E2.B58A3A80 [5]cid:image002.jpg@01D17E9B.9D24F290 
[6]cid:image003.jpg@01D17E9B.9D24F290

Why not visit our website at [7]www.london-fire.gov.uk

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