Use of CS Gas, Tasers and Guidelines

The request was partially successful.

Dear West Midlands Police,

I request the following information under the Freedom of Information Act 2000:

- How many times CS gas has been deployed or threatened on university campuses and locations by West Midlands Police, for as long as the force has kept such records.

- How many times Tasers has been deployed or threatened on university campuses and locations by West Midlands Police, for as long as the force has kept such records.

- The guidelines the force follows on the use of CS gas and Tasers.

- To know whether any disciplinary procedures have or are being undertaken against PC Lloyd, 0796.

I would appreciate any information on these matters you are able to provide. I understand that this information does not have to be in document form unless specifically requested, and that it is the department’s responsibility to provide me with the information I require.

If you need any clarification, please don’t hesitate to contact me.

I would like to receive the information electronically.

If my request is denied in whole or in part, I request that you justify all deletions and rejections by reference to specific exemptions under the Act. I also expect you to release all
non-exempt material. I reserve the right to appeal any decision you make.

Please confirm in writing that you have received this request at the earliest opportunity. You are required under statue to respond within 20 working days. As such, I look forward to your response by Friday Oct. 2.

Yours faithfully,

Connor Woodman

Freedom of Information,

Please accept this as an acknowledgement of receipt of your e-mail by the
Freedom of Information Unit.
 
If your email is a request for information under the Freedom of
Information Act, your request will be dealt with within the legislative
deadline of 20 working days.  Should we be unable to meet this deadline
for any reason you will be notified as soon as possible.
 
If your request does not relate to Freedom of Information, your e-mail
will be forwarded to the relevant department and you will be notified
where this has been passed to.
 
If you require further information please contact 101 and ask for the
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You might find what you are looking for on our website:
[1]http://foi.west-midlands.police.uk/
 
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or confidential information. If received in error, please notify the
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expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
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responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

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Freedom of Information,

Dear Connor Woodman

 

FOI Request Reference: 3633_15

 

Thank you for your request for information, received 7^th September 2015

 

REQUEST

 

1. How many times CS gas has been deployed or threatened on university
campuses and locations by West Midlands Police, for as long as the force
has kept such records.

 

2. How many times Tasers has been deployed or threatened on university
campuses and locations by West Midlands Police, for as long as the force
has kept such records.

 

3. The guidelines the force follows on the use of CS gas and Tasers.

 

4. To know whether any disciplinary procedures have or are being
undertaken against PC Lloyd, 0796.

 

RESPONSE

 

Our data are not organised in such a way as to allow us to provide this
information

 

We would need to conduct a manual search of all local policing log books
to determine if a CS gas canister has been used, a further examination of
these incidents would need to reviewed to determine if these incidents
occurred within a university campus.

 

This is similar in respect of Taser‘s we would need to conduct a manual
search of all incidents when a taser has been deployed, further
examination of each incident would need to be conducted to see if the
incident occurred within / at a university campuses.

 

Please note to research each individual case would exceed the appropriate
limit (FOIA, s.12 (1)).

 

Therefore, the cost of compliance with your request is above the amount to
which we are legally required to respond, i.e the cost of locating and
retrieving the information would exceed the appropriate costs limit under
section 12 of the Freedom of information Act 2000. For West Midlands
Police, the appropriate limit is set at £450, as prescribed by the Freedom
of Information and Data Protection (Appropriate Limit and Fees)
Regulations 2004, S.I. 3244.

 

A public authority which, in relation to any request for information, is
relying on a claim that section 12 or section 14 applies must, within the
time for complying with Section 1(1), give the applicant a notice stating
that fact. In accordance with the Freedom of Information Act 2000, this
letter acts as a refusal notice.

 

However rather than refusing your request outright at this stage, I would
like to explore with you how West Midlands Police may best assist you to
request relevant information which we hold.

 

We could locate and extract, within the cost limit, the following
information we could provide

The total of times a Taser has been deployed for calendar year 2015 / 2014
/2013 providing the gender and age of the person the Taser was deployed
against, the guidelines the force follows on the use of CS gas and Tasers.

Please note that any located information might be subject to the
application of exemptions under the Act

 

To enable us to proceed with your request I would be grateful if you could
confirm whether you wish us to provide the information outlined above.
After receiving your reply, your request will be considered and you will
receive a response within the statutory timescale of 20 working days, as
defined by the Act, subject to the application of any statutory
exemptions. If you chose not to respond then your request will remain
unanswered.

 

For further information and data on West Midlands Police see our
publication scheme and disclosure log

 

[1]http://foi.west-midlands.police.uk/

 

Your attention is drawn to your right to request a re-examination of your
case under West Midlands Police review procedure, which can be found at:

 

[2]http://foi.west-midlands.police.uk/revie...

 

Please note that such an appeal must be received within 40 working days of
the date of this correspondence. Any such request received after this time
will only be considered at the discretion of the FOI Unit.

 

If you require any further information, then please do not hesitate to
contact me.

 

Yours sincerely,

 

 

Michelle Richardson

Freedom of Information Unit

 

 

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

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Wayne Pearsall left an annotation ()

Every use of force ( and this includes drawing a weapon (taser/baton /cs) must have a use of force form completed.

Dear Michelle,

I note that there was no response to point 3) ("The guidelines the force follows on the use of CS gas and Tasers") or point 4) ( "To know whether any disciplinary procedures have or are being
undertaken against PC Lloyd, 0796") of my request, and no explanation for why they were left out. The exemption applied to point 1) and 2) of my request does not hold for the second two points.

I don't require the other information you offered.

Yours sincerely,

Connor Woodman

Freedom of Information,

Good Afternoon Mr Woodman ,

Thank you for your e-mail

Could I ask you to confirm if ;-

The guidelines the force follows on the use of CS gas and Tasers.

To know whether any disciplinary procedures have or are being undertaken against PC Lloyd, 0796.

Would satisfy your request ?

Yours sincerely,

Michelle

show quoted sections

Dear Michelle,

Yes, it would. As those points weren't addressed in the first reply, I expect a reply to those immediately. The law requires that, even if you reject a part of a request, you must respond to other parts withing the time limit. The time limit has now long passed.

Yours sincerely,

Connor Woodman

Freedom of Information,

Mr Woodman

Thank you for your email. We will work on your request below and aim to get the information to you as soon as possible.

"The guidelines the force follows on the use of CS gas and Tasers"

"To know whether any disciplinary procedures have or are being undertaken against PC Lloyd, 0796"

Please note the following guidance from the ICO on requests where the cost of compliance exceeds the appropriate limit

https://ico.org.uk/media/for-organisatio...

Para 28 onwards indicate that, when refusing a request on the grounds of cost, we are not obliged to provide any information.

If you do not agree with our interpretation you have the right to ask for an internal review. However we assume that you want us to proceed with the refined request, as outlined above.

Yours sincerely,

Michelle Richardson

show quoted sections

Dear West Midlands Police,

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

I am writing to request an internal review of West Midlands Police's handling of my FOI request 'Use of CS Gas, Tasers and Guidelines'.

The deadline for the response to my request has long passed. I expect a response as soon as possible, or I will complain to the ICO.

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

Yours faithfully,

Connor Woodman

Freedom of Information,

Please accept this as an acknowledgement of receipt of your e-mail by the
Freedom of Information Unit.
 
If your email is a request for information under the Freedom of
Information Act, your request will be dealt with within the legislative
deadline of 20 working days.  Should we be unable to meet this deadline
for any reason you will be notified as soon as possible.
 
If your request does not relate to Freedom of Information, your e-mail
will be forwarded to the relevant department and you will be notified
where this has been passed to.
 
If you require further information please contact 101 and ask for the
Freedom of information Unit.
 
You might find what you are looking for on our website:
[1]http://foi.west-midlands.police.uk/
 
If you have information about any crime, you can contact us on the
non-emergency number: 101.
 
In an emergency, for example where life is in danger or a crime in
progress, call 999.

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

Visible links
1. http://foi.west-midlands.police.uk/

Freedom of Information,

1 Attachment

Dear Mr Woodman

 

FOI Request Reference: 6418_15

 

Thank you for your request for information received 14^th October 2015 and
our subsequent reply of the 16^th October 2015.Please accept my apologies
for the delay in providing this response  .

 

Your refined request detailed

 

The guidelines the force follows on the use of CS gas and Tasers"

 

To know whether any disciplinary procedures have or are being undertaken
against PC Lloyd, 0796

 

I don't require the other information you offered.

 

DECISION UNDER THE TERMS OF THE FREEDOM OF INFORMATION ACT

 

Part of the information you have requested is provided within the
attachment however for any other information, West Midlands Police will
neither confirm nor deny the existence of any relevant data by virtue of
the Section 40 (5) (Personal data).

 

REASONS FOR DECISION

 

The Freedom of Information Act places two responsibilities on public
authorities, the first of which is to confirm what information it holds
and secondly to then disclose that information, unless exemptions apply.

 

In this case West Midlands Police will neither confirm nor deny the
existence of any relevant data by virtue of the Section 40 (5) (Personal
data)

 

This exemption and explanatory notes is shown here:

 

[1]http://www.west-midlands.police.uk/docs/...

 

Section 40 (5) is an absolute and class based exemption if to confirm or
deny that the information exists would breach the third party’s data
protection rights.  In this case to confirm or deny the existence of
personal information would not constitute fair processing of the data and
therefore would breach the first of the principles within the Data
Protection Act 1998. As this exemption is class based I am not required to
identify the harm in disclosure and in this instance I believe that the
right to privacy outweighs any public interest in release.

 

No inference can be taken from this refusal that the information you have
requested does or does not exist.

 

For further information and data on West Midlands Police see our
publication scheme and disclosure log

 

[2]http://foi.west-midlands.police.uk/

 

Your attention is drawn to your right to request a re-examination of your
case under West Midlands Police review procedure, which can be found at:

 

[3]http://foi.west-midlands.police.uk/revie...

 

If you require any further information, then please do not hesitate to
contact me.

 

 

Yours sincerely,

 

 

 

Michelle Richardson

Freedom of Information Unit

 

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

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1. http://www.west-midlands.police.uk/docs/...
2. http://foi.west-midlands.police.uk/
3. http://foi.west-midlands.police.uk/revie...

Dear West Midlands Police,

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

I am writing to request an internal review of West Midlands Police's handling of my FOI request 'Use of CS Gas, Tasers and Guidelines'.

You refused my request for the following piece of information:

"To know whether any disciplinary procedures have or are being undertaken against PC Lloyd, 0796."

You rejected it under Section 40 (5) (Personal data). I argue that this exemption doesn't apply, since the information regards PC Lloyd's actions when acting in the capacity as a public servant, and they are in the public interest. There is a body of examples in the tribunals and ICO which show that personal data, when it concerns people carrying out there public duty as state employees (as this does), is not exempt.

The FOIA and Data Protection Act exempt personal data unless it can be shown to be 'lawful' and 'fair'. The meaning of 'fair' must incorporate public interest considerations. Since the events of Dec. 3, 2014, in which PC Lloyd was involved, have been covered in national, local, and student media, and instituted a crisis of confidence in the University of Warwick's administration, they are of clear national interest, and students at Warwick University have a great interest in knowing what steps have been taken to remedy the situation. Disclosure is permitted if it is in the 'substantial public interest' and pursued for journalistic purpose, as this is.

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

You are recommended to respond within 20 working days. As such, I expect a response by Dec. 14, 2015.

Yours faithfully,

Connor Woodman

Freedom of Information,

Dear Mr Woodman

 

FOI Internal Review Reference: 006425/15

 

Thank you for your correspondence, received 16/11/2015 where you requested
West Midlands Police to review its response to your request for
information concerning Discipline Record of PC 0796 Lloyd.

 

REQUEST

 

The guidelines the force follows on the use of CS gas and Tasers.

 

To know whether any disciplinary procedures have or are being undertaken
against PC Lloyd, 0796.

 

RESPONSE

 

Please find below our response.

 

The guidelines the force follows on the use of CS gas and Tasers:

 

Our force adheres to the policies and procedures set out by the college of
policing, please find relevant useful links below: 

 

[1]http://www.app.college.police.uk/      

 

[2]https://www.app.college.police.uk/app-co...

 

[3]https://www.app.college.police.uk/?s=taser

 

[4]https://www.app.college.police.uk/app-co...

 

[5]https://www.app.college.police.uk/app-co...

 

To know whether any disciplinary procedures have or are being undertaken:

 

The information in question is personal data. When applying section 40(2),
consideration needs to be given as to whether release would breach any of
the data protection principles. In practise only the first data protection
principle is likely to be relevant and so personal information can only be
processed (i.e. in this case released) if to do so would be fair, lawful
and meet one of the conditions in Schedule 2 of the Data Protection Act
(DPA).

 

Fairness is difficult to define but the Commissioner provides a ‘starting
point’ list of some of the issues to be considered. They are:

 

Whether the information is sensitive personal data;

The possible consequences of disclosure on the individual;

The reasonable expectations of the individual, taking into account: their
expectations both at the time the information was collected and at the
time of the request; the nature of the information itself;

The circumstances in which the information was obtained;

Whether the information has been or remains in the public domain;

and the FOIA principles of transparency and accountability;

And any legitimate interests in the public having access to the
information and the balance between these and the rights and freedoms of
the individuals who are the data subjects.

 

In this case the data are sensitive personal data. Such information is
information that individuals will regard as the most sensitive. The
reasonable expectation in the majority of cases is that such information
will not be disclosed.

 

As you point out, any officer who is performing public duties would expect
that some information regarding their actions will be made public.  A
stated by the Information Tribunal “...where data subjects carry out
public functions…they must have the expectation that their public actions
will be subject to greater scrutiny than would be the case in respect of
their private lives”.

 

Details of serious allegations against officers are published on the WMP
website and the most serious cases are held in public. In some cases –
where it is deemed appropriate – officers can be investigated by an
independent body (IPCC) and the investigations are made public.   The
expectation of officers are that they would be treated fairly within those
processes. This means that the officer would expect that disclosure of
information regarding any allegations against him or her would be dealt
with according to accepted procedures and no differently to any other
disclosure of this type.

 

However, despite the reasonable expectations of individuals and any
distress or damage that may result from disclosure, we still need to
consider whether there is an overriding legitimate interest in disclosure
to the public. These legitimate interests include the general public
interest in transparency, public interest in the issue the information
relates to and any public interest in disclosing the specific information.
In this respect it is important to remember that any disclosure through
the Freedom of Information request is deemed to be to the public at large,
not to an individual.  Therefore the private interests of the requester,
or even a small group of people, are not relevant in this context.

 

An Officer is a public servant. It is clear that there are different
expectations on those who work for the police and the public expect that
officers abide by the law and are seen to do so. Therefore there is a
legitimate interest in the public knowing about proceedings and there is a
greater expectation that WMP will be more transparent with respect to high
profile cases.

 

However, as stated above, there are other mechanisms by which officers are
held accountable. These are the appropriate mechanisms to ensure that
officers are held accountable for their actions.

 

As a consequence, considering that there is no assumption of disclosure
when Section 40(2) is engaged, the public interest lies in favour of not
releasing this specific information.

 

If you are not content with the outcome of the internal 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

 

If you require any further information, then please do not hesitate to
contact me.

 

Yours sincerely,

 

 

 

Andrea Mobberley

Freedom of Information Unit

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This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

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2. https://www.app.college.police.uk/app-co...
3. https://www.app.college.police.uk/?s=taser
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5. https://www.app.college.police.uk/app-co...
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