Dear Mr Martin

FREEDOM OF INFORMATION REQUEST REFERENCE NO: 9673

I write in connection with your request for West Mercia Police information
which was dated 15^th May 2018 and received on 15^th May 2018.

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act).  You will receive a response within the
statutory timescale of 20 working days as defined by the Act, subject to
the information not being exempt or containing a reference to a third
party.  In some circumstances West Mercia Police may be unable to achieve
this deadline.  If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

There may be a fee payable for the retrieval, collation and provision of the
information you request.  If this is the case you will be informed and the 20
working day timescale will be suspended until we receive payment from you. If
you chose not to make payment then your request will remain unanswered.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

Should you have any further enquiries concerning this matter, please write
or telephone the Information Compliance Unit quoting the reference number
above.

Yours sincerely

Victoria Lewis │Information Compliance Officer │Information Compliance
Unit

Warwickshire and West Merica Police │Hindlip │ Ext 2565│External 01905
332565

Email: [1][email address]

[2]Putting Victims FirstPutting Victims First
Warwickshire Police and West Mercia Police are committed to providing the
best possible service to our communities and putting victims at the heart
of everything we do.

For information on services and support given to our victims by us and our
criminal justice partners visit our websites:

Warwickshire Police: [3]www.warwickshire.police.uk/puttingvictimsfirst
West Mercia Police: [4]www.westmercia.police.uk/puttingvictimsfirst

References

Visible links
1. mailto:[email address]
3. https://www.warwickshire.police.uk/putti...
4. http://www.westmercia.police.uk/puttingv...

 
Dear Mr Martin
FREEDOM OF INFORMATION REQUEST REFERENCE NO: 9673
I write in connection with your request for information which was received
on   2018.  Please find below the response to your request:
 
In relation to the football match on 13th May 2018 between Shrewsbury and
Charlton please confirm the following:
 
1. The number of officers who used their Incapacitant spray on persons
present at the football match?
 
REPLY: 7
 
2. A copy of the officer(s) 'use of force forms' or similar document(s)
confirming the use of the spray(s)?
 
REPLY: Please see the attached.
Due to the size of the table you will need to print it off to view the
pages correctly alongside each other.
 
 
3. A copy of the Force 'Operational Order' or similar for the policing of
the football match?
 
REPLY: Please see the attached operational order.
There are parts of this that have been redacted as they are not suitable
for disclosure under FOI. Section 17 of the Freedom of Information Act
2000 requires West Mercia 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 in question and (c) states (if that would not otherwise be
apparent) why the exemption applies.
 
The exemptions applicable to the information are:
Section 40 (2) Personal information
Please be advised that any information released as a result of a Freedom
of Information request, in effect, is being released into the public
domain. Therefore, it could subsequently be published or would have to be
made available to any member of the public if it were requested.
 
Any information that relates to an individual, or from which an individual
could be identified, constitutes personal data and to release information
that constitutes personal data into the public domain contravenes the Data
Protection Act 1998. Parts of the information contained within the
document pertain to personal data relating to a third party/parties and
therefore it is exempt from disclosure, the exemption that applies to this
type of information is Section 40 of the Freedom of Information Act 2000.
 
 
Section 31 (1) (a) (b) Law Enforcement
                This is a qualified, prejudice-based exemption
 
Factors favouring disclosure:
When information disclosed relates directly to the efficiency and
effectiveness of the force or its officers. The force`s capability of
resources should hold up to public scrutiny.
 
Factors favouring non-disclosure:
The Force is responsible for the efficient and effective deployment of
officers with the intention of preventing and detecting crime and
apprehending and prosecuting offenders.  To disclose to the world at large
the number of Police Officers allocated to football fixtures would
prejudice these law enforcement interests and would have a high potential
to undermine legitimate police objectives carried out in the public
interest. It would give a tactical advantage to criminals regarding force
capabilities and compromise current and future law enforcement activities.
 
The information provided relates to the efficiency and effectiveness of
the force or its officers, and forces may be obliged to prove to the
general public they are actively involved in initiatives to reduce crime,
thus ensuring public safety and confidence in this area. The release of
the redacted information would demonstrate to the public the measures
taken by the police to utilise resources where and when they are believed
to be most needed.
However, Information regarding police capability is a valuable commodity
to
individuals (and/or organisations) wishing to commit crime, as it provides
an insight into tactics and resources available to the force. Therefore,
those seeking to commit criminality could hinder policing tactics and
elude justice. This would ultimately have a detrimental impact on the
community.
 
The police service cannot and will not disclose information which may
benefit a criminal and/or place the public at risk.  Information released
under FOIA, where exemptions apply, will only be done where there is a
tangible community benefit which is more powerful than the harm that could
be done.  This does not apply in this case.
 
In accordance with the Act, this letter represents a Refusal Notice for
these parts of the request
Every effort has been made to ensure that the information provided is as
accurate as possible
Your attention is drawn to the below which details your right of
complaint.
Should you have any further enquiries concerning this matter, please write
or telephone the Information Compliance Unit quoting the reference number
above.
Yours sincerely
 
Mrs R Williams
Information Compliance Unit
Warwickshire Police & West Mercia Police
PO Box 55
Hindlip
Worcester
WR3 8SP
01905 331545 / 331565
 
West Mercia Police in complying with their statutory duty under sections 1
and 11 of the Freedom of Information Act 2000 to release the enclosed
information will not breach the Copyright, Designs and Patents Act 1988.
However, the rights of the copyright owner of the enclosed information
will continue to be protected by law. Applications for the copyright
owner’s written permission to reproduce any part of the attached
information should be addressed to The Force Solicitor, West Mercia Police
Headquarters, PO Box 55, Hindlip, Worcester, WR3 8SP.
COMPLAINT RIGHTS
Are you unhappy with how your request has been handled or do you think the
decision is incorrect?
You have the right to require West Mercia Police (WMP) to review their
decision.
Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the person that dealt with your request.
Ask to have the decision looked at again -
The quickest and easiest way to have the decision looked at again is to
contact the person named at the end of your decision letter.
That person will be able to discuss the decision, explain any issues and
assist with any problems.
Complaint
If you are dissatisfied with the handling procedures or the decision of
WMP made under the Freedom of Information Act 2000 (the Act) regarding
access to information, you can lodge a complaint with WMP to have the
decision reviewed. WMP must be notified of your intention to complain
within 20 working days of the date of its response to your Freedom of
Information request. Complaints should be made in writing and addressed
to:
West Mercia Police Headquarters
Information Compliance Unit
Hindlip Hall
Hindlip
PO Box 55
Worcester
WR3 8SP
or
Email:  [West Mercia Police request email]
In all possible circumstances, WMP will aim to respond to your complaint
within 20 working days.
The Information Commissioner
After lodging a complaint with WMP if you are still dissatisfied with the
decision you may make application to the Information Commissioner for a
decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.
For information on how to make application to the Information Commissioner
please visit their website at [1]https://ico.org.uk/ Alternatively, phone
or write to:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 0303 123 1113 (local rate) or 01625 545745 if you prefer to use a
national rate number
Fax:    01625 524 510
 
 
 
 

[2]Putting Victims FirstPutting Victims First
Warwickshire Police and West Mercia Police are committed to providing the
best possible service to our communities and putting victims at the heart
of everything we do.

For information on services and support given to our victims by us and our
criminal justice partners visit our websites:

Warwickshire Police: [3]www.warwickshire.police.uk/puttingvictimsfirst
West Mercia Police: [4]www.westmercia.police.uk/puttingvictimsfirst

References

Visible links
1. https://ico.org.uk/
3. https://www.warwickshire.police.uk/putti...
4. http://www.westmercia.police.uk/puttingv...