Dear Mr Oakley-Stevenson,
 
FREEDOM OF INFORMATION REQUEST REFERENCE NO: RFI 7667/16
 
I write in connection with your request for information dated 17th
September 2016 which was received on 19th September 2016.
 
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
 
 
Mrs L Fellows
Information Compliance Assistant
Information Compliance Unit
Warwickshire Police & West Mercia Police
Hindlip
 
Louise Fellows
Information Compliance Assistant
Information Compliance Unit
Warwickshire Police & West Mercia Police
Hindlip
WR3 8SP
Ext. 2565
01905 331565
 
 
 
 

View our new Warwickshire Police and West Mercia Police websites at:
[1]www.warwickshire.police.uk and [2]www.westmercia.police.uk

[3]Join the Special Constabulary and Make the Difference Make the
difference
For more information about becoming a Special Constable,
please visit,

Warwickshire Police: [4]www.warwickshire.police.uk/specialconstables
West Mercia Police: [5]www.westmercia.police.uk/specialconstables

References

Visible links
1. http://www.warwickshire.police.uk/
http://www.warwickshire.police.uk/
2. http://www.westmercia.police.uk/
http://www.westmercia.police.uk/
4. file:///tmp/www.warwickshire.police.uk/specialconstables
5. file:///tmp/www.westmercia.police.uk/specialconstables

 
Dear Mr Oakley-Stephenson
FREEDOM OF INFORMATION REQUEST REFERENCE NO: RFI 7667/16
I write in connection with your request for information which was received
on17^th September 2016.  Please find below the response to your request:
I am writing to request a list of all vehicles in use by West Mercia
Police.
Please include at a minimum the number plate, vehicle make and model in
addition to base station and team the vehicle is used by.
REPLY: Please see the attached table for information that can be provided,
This includes unmarked vehicles which are in general use by West Mercia
Police such as Local CID, Patrol, post vans etc, but it does not include
any covert vehicles as details of these are exempt from disclosure.
Please note that this information is dynamic and changes as new vehicles
are introduced and old vehicles are decommissioned.
With regards to covert and specialist vehicles, please be advised that
your request has been considered and I am not obliged to supply all the
information you have requested.
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 exemption applicable in this case is as follows:
Section 31 (1) (a) (b) Law Enforcement
               
Section 31 is a prejudice based qualified exemption, and in order to be
able to claim this exemption the public interest in maintaining the
exemption must outweigh the public interest in releasing it.
 
Section 31 - Harm
Some of the unmarked vehicles in our fleet would be those used for
covert/undercover/specialist duties and undercover/covert/specialist
operative activity is one of the most highly sensitive areas of policing
that is utilised in this country. Provision of vehicle type used for
undercover/covert/specialist work would allow criminals to identify and
avoid these vehicles and therefore render their usage as useless. Any
disclosure that may reduce the flow of information that police service and
intelligence agencies use, or that impacts on force capabilities would
have a substantial prejudicial impact on the ability of such authorities
to collect reliable and accurate intelligence or respond to serious
incidents, and subsequently their ability to detect and prevent crime.
Disclosure of any information in relation to undercover/covert/specialist
operations or vehicles used for operations would provide details that
would be useful to those involved in criminal activities.  For example, it
would highlight whether West Mercia Police had been investing in this
discipline.  If it was disclosed that WMP had no or few vehicles used for
covert/specialist work it would highlight ‘to the world’ that this type of
activity is not taking place. In turn, organised criminals and terrorists
could take advantage of that situation. Conversely, if WMP disclosed that
it had a large number of vehicles used for covert/specialist work it would
demonstrate to the world that this area is well resourced and indicate the
levels of police activity in this area.
 
Factors favouring confirmation that information is held
Provision of information held would enable the public to have a better
understanding of the efficiency and effectiveness of the police service
and how they use unmarked/covert/specialist vehicles as part of their
enforcement activities.
 
Factors favouring confirmation that information is not held
Specific information relating to the use of unmarked/covert/specialist
vehicles and any other law enforcement techniques would provide useful
intelligence and a valuable asset to individuals and/or organisations
wishing to commit crime.  Vulnerabilities and capabilities would be
highlighted.  Provision of vehicle type and location would enable
offenders to avoid these vehicles and move their operations therefore law
enforcement tactics would be compromised which would hinder the prevention
and detection of crime. More crime would be committed and individuals
would be placed at risk.
 
Balancing test
There is some information already in the public domain about the use of
undercover/covert/specialist vehicles and the effective delivery of law
enforcement.  The Police Service is tasked with protecting the community
we serve and in solving crime and there is a public interest argument in
ensuring we are open and transparent with regard to policing
investigations and operations. However, there is no doubt that for the
issues outlined above any disclosure relating to sensitive investigation
procedures, such as details of unmarked/covert/specialist vehicle
information would jeopardise investigations and/or law enforcement. 
Therefore, at this moment in time, it is our opinion that for these issues
the balance test for provision of this information is not made out.
Every effort has been made to ensure that the information provided by our
Transport Department 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]www.informationcommissioner.gov.uk
Alternatively, phone or write to:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545700
 
 
 
 

View our new Warwickshire Police and West Mercia Police websites at:
[2]www.warwickshire.police.uk and [3]www.westmercia.police.uk

[4]Join the Special Constabulary and Make the Difference Make the
difference
For more information about becoming a Special Constable,
please visit,

Warwickshire Police: [5]www.warwickshire.police.uk/specialconstables
West Mercia Police: [6]www.westmercia.police.uk/specialconstables

References

Visible links
1. file:///tmp/www.informationcommissioner.gov.uk
2. http://www.warwickshire.police.uk/
http://www.warwickshire.police.uk/
3. http://www.westmercia.police.uk/
http://www.westmercia.police.uk/
5. file:///tmp/www.warwickshire.police.uk/specialconstables
6. file:///tmp/www.westmercia.police.uk/specialconstables