Dear West Midlands Police,

Please can you provide the following information:

1. How many people have died per year in the last 5 years with contact from WMP
a. In custody
b. Under arrest and /or in other locations like hospitals, etc.
c. Within days of arrest, regardless of where they are (or reasonable period in which data is recorded as this maybe 14 or 28 days)

2. How many people have died per year in the last 5 years with contact from WMP
a. After being tasered by police officers
b. After being shot by police officers
c. After suspected/confirmed suicide or harm not caused by WMP
d. After physical contact with police officers or what a member of the public (not law) would regard as assault/battery/mal-handling by WMP Officers / staff
e. After any other category you may classify information as

Please do not provide any names or details, just numbers, use the ‘KISS’ principle. If the data exists over 10 years, please also provide this but given limitations of a FOI request, it is not necessary.

I have previously looked after an elderly gentleman that was tasered, and medical evidence at the time strongly suggested the police officers then went for a free-for-all taser target practice on the respectable gentleman. He subsequently died. As a child I had looked up to him along with many other Birmingham children, and he had clearly served his community well. Much better than any WMP officer. He is clearly missed and fondly remembered.

Please provide information ideally electronically as a response, ideally within 20 working days

Yours faithfully,

Dr Ali

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 valid request for information under the Freedom of
Information Act, your request will be dealt with within the legislative
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can do this by completing a WA162 form, which is available on the West
Midlands Police website.  Search the West Midlands Police website for
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Freedom of Information,

4 Attachments

Dear Dr Ali

 

FOI Request Reference: 18331/19

 

Thank you for your request for information, received 20/10/2019.

 

REQUEST

 

Please can you provide the following information:

 

1.How many people have died per year in the last 5 years with contact from
WMP a.In custody b.Under arrest and /or in other locations like hospitals,
etc.

c.Within days of arrest, regardless of where they are (or reasonable
period in which data is recorded as this maybe 14 or 28 days)

 

2.How many people have died per year in the last 5 years with contact from
WMP a.After being tasered by police officers b.After being shot by police
officers c.After suspected/confirmed suicide or harm not caused by WMP
d.After physical contact with police officers or what a member of the
public (not law) would regard as assault/battery/mal-handling by WMP
Officers / staff e.After any other category you may classify information
as

 

Please do not provide any names or details, just numbers, use the ‘KISS’
principle. If the data exists over 10 years, please also provide this but
given limitations of a FOI request, it is not necessary.

 

I have previously looked after an elderly gentleman that was tasered, and
medical evidence at the time strongly suggested the police officers then
went for a free-for-all taser target practice on the respectable
gentleman. He subsequently died. As a child I had looked up to him along
with many other Birmingham children, and he had clearly served his
community well. Much better than any WMP officer. He is clearly missed and
fondly remembered.

 

 

RESPONSE

 

Our data are not organised in such a way as to allow us to provide this
information within the appropriate (cost) limit within the Freedom of
Information (FOI) Act (see ‘Reason for Decision’ below).

 

I am unable to suggest any practical way in which your request may be
modified in order to satisfy your query or bring it within the 18 hours
stipulated by the Regulations. I am however willing to consider any
refinements that you are able to make to your request, in accordance with
Section 16 of the Freedom of Information Act.  If you would like to look
into refining your request please contact me.

 

REASON FOR DECISION

 

Please note that researching each individual case would exceed the
appropriate limit (FOIA, s.12).  We would need to conduct a manual review
of all relevant records in order to locate and retrieve this information,
this would exceed the FOI time limit.

 

 

The cost of compliance with the whole of 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(1) of the FOI 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.

 

Further information on section 12 of FOI is available here:

 

https://www.app.college.police.uk/app-co...

 

ADDITIONAL INFORMATION

 

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

 

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

 

RIGHT OF APPEAL

 

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,

 

 

Andrea Mobberley

Freedom of Information
Corporate Communications | West Midlands Police
T: 101 (ext. 801 2068)

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Dear Freedom of Information and West Midlands Police Commissioner,

I am requesting an internal review and for the request to be forwarded to seniors/the top. I am not requesting a new report to be created but copies of existing reports already available to seniors, to be made available.

Given statutory responsibilities on Public bodies investigations into deaths whilst in custody is mandatory, various summary reports are produced. Unless you are saying thousands have died in custody at West Midlands Police it is very likely simplified brief reports exists that satisfy my request. As it is less than an hour of work, I feel it is well within all stipulations and requirements.

Yours sincerely,

Dr Ali

Freedom of Information,

4 Attachments

Dear Dr Ali

 

FOI Internal Review Reference: 020273/19

 

Thank you for your correspondence, received 19/11/2019 where you requested
West Midlands Police to review its response to your request for
information.

The following request was submitted on 20^th October 2019, and dealt with
under FOI reference number 18331/19

1.How many people have died per year in the last 5 years with contact from
WMP

a.In custody

b.Under arrest and /or in other locations like hospitals, etc.

c.Within days of arrest, regardless of where they are (or reasonable
period in which data is recorded as this maybe 14 or 28 days)

d.After being tasered by police officers

e.After being shot by police officers

f. After suspected/confirmed suicide or harm not caused by WMP

g. After physical contact with police officers or what a member of the
public (not law) would regard as assault/battery/mal-handling by WMP
Officers / staff

h. After any other category you may classify information as

 

The force responded on 15^th November 2019 and advised that all the
information was not available as the force data are not organised in such
a way as to allow us to provide the information within the appropriate
(cost) limit within the Freedom of Information (FOI) Act. The force
advised that this was because we would need to conduct a manual review of
all relevant records in order to locate and retrieve this information.

 

 

REQUEST

You have requested that the force review its decision on the basis that
you are not requesting a new report to be created but copies of existing
reports already available to seniors, because you believe that statutory
responsibilities on Public bodies investigations into deaths whilst in
custody is mandatory meaning various summary reports are produced, And
that you believe that unless thousands have died in custody at West
Midlands Police simplified brief reports exist that satisfy the request,
and that it will take less than an hour of work which is within all
stipulations and requirements.

 

 

RESPONSE

The response has now been reviewed and the force maintains that your
request was refused on a proper basis, and that section 12(1) was applied
appropriately. This position is upheld for the reasons outlined within the
response provided on 15^th November 2019

To explain further, all the information requested is not held centrally or
in an electronically searchable or retrievable format.

 

For the purposes of this request there is some relevant information held
because the Professional Standards Department (PSD) record DSI matters. A
DSI matter means where a person has died or sustained serious injury and:

• at the time of death or serious injury the person had been arrested and
not released or was otherwise detained (by the police)

or

• at or before the time of death or serious injury the person had contact
of any kind– whether direct or indirect – with the police and there is an
indication that the contact may have caused – whether directly or
indirectly – or contributed to the death or serious injury.

 

However it is only DSIs that are recorded centrally by PSD, so there are
numerous deaths that would fit the FOI request that are not recorded by
PSD as there was no causal link between the death and contact with the
Police. These would not be held centrally or in an electronically
searchable format and details may only be held on an Oasis log (incident
log)

 

For example deaths in police custody would be recorded as a DSI, but
deaths following custody would only be recorded where there is a casual
link. Suicides following custody would only be recorded as a DSI where
there is a causal link. And other deaths following police contact that
were subject to an independent investigation would only be subject to an
investigation if classed as a DSI - all other deaths following police
contact (without a causal link) would not be recorded.

 

In addition ‘assaults’ that are deemed to not meet the threshold of S47
Assault would not be recorded centrally by PSD as they do not meet the
criteria for a DSI under Police Regulations (unless a formal complaint is
made).

 

Unfortunately, even the information held by PSD is not available in a
readily retrievable format. There are over 500 DSIs recorded and 173
complaints/conduct matters that would have to be manually reviewed in
order for us to identify the relevant information for your request.
Therefore the cost of providing you with any relevant information only
held by PSD is above the amount to which we are legally required to
respond i.e. the cost of locating and retrieving the information exceeds
the ‘appropriate level’ as stated in the Freedom of Information (Fees and
Appropriate Limit) Regulations 2004. And this would not encompass all the
other relevant information that may be held across other systems across
the force.

 

However, as part of the review, I have identified that there may be
information that may be available to you should you wish to refine and
resubmit your request. The force Professional Standards Department have
indicated that the information for questions a, d and e, in relation to
DSIs, would be held in a retrievable format within the time/fees limit.

 

a. In custody

d.After being tasered by police officers

e.After being shot by police officers

 

Please contact us again should you wish to refine and re-submit your
request to receive this reduced information.

 

Please also be advised that there is information available in the public
domain that may be useful to you, including Fatal Shootings, Deaths
in/following Police custody, and Apparent Suicides following custody. This
is published annually by the IOPC

 

[1]https://policeconduct.gov.uk/sites/defau...

 

[2]https://policeconduct.gov.uk/sites/defau...

 

Please note though that this document is not a definitive list. It only
covers matters that are required to be referred to the IOPC as a DSI under
police regulations.

 

I hope that this is of assistance.

 

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

 

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

 

Yours sincerely,

 

Mrs R Williams

 

 

59614 Rebecca Williams l FOI Manager

Lloyd House l West Midlands Police

T: 101 (ext 801 2068)

Preventing crime, protecting the public and helping those in need.

[3]If it’s not 999, search WMP Online

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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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Dear Freedom of Information,

I am agreeable to you providing reduced information due to the way you hold information. Many thanks, we shall await to see the information.

Yours sincerely,

S. Ali

Freedom of Information,

Dear Dr Ali

 

FOI Request Reference: 022372/19

 

Thank you for your request for information, received 27/12/2019

 

REQUEST

In relation to DSI information held

How many people have died per year in the last 5 years with contact from
WMP

a.In custody

d.After being tasered by police officers

e.After being shot by police officers

 

RESPONSE

 a. Three persons have died in custody in 2014, 2015 and 2017
 b. No persons have died after being tasered by Police Officers
 c. Two persons have died after being shot by Police Officers in 2019

 

 

ADDITIONAL INFORMATION

 

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

 

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

 

RIGHT OF APPEAL

 

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.

 

I hope that this is of assistance

 

Should you have any further enquiries please write to the FOI Unit

 

Yours sincerely,

 

Mrs R Williams

 

 

59614 Rebecca Williams l FOI Manager

Lloyd House l West Midlands Police

T: 101 (ext 801 2068)

Preventing crime, protecting the public and helping those in need.

[3]If it’s not 999, search WMP Online

 

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/
2. http://foi.west-midlands.police.uk/revie...
3. website
https://www.west-midlands.police.uk/

Dear Freedom of Information,

Thank you for providing the information. I do feel your information may be incorrect and or inaccurate. I distinctly remember a patient in 2015 whom died at Good Hope Hospital ITU, after being tasered multiple times by police officers. I recall a female police officer whom visited at the hospital after the event, coming out of the room and saying 'it was only shits and giggles.' All the staff felt the actions were grotesque.

Yours sincerely,

S. Ali

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 valid 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.
 
Please note that if your email is a request is for your own personal data
you should make a subject access request to the Data Protection Unit.  You
can do this by completing a WA162 form, which is available on the West
Midlands Police website.  Search the West Midlands Police website for
'Subject Access' or go directly to this page:
[1]https://www.west-midlands.police.uk/abou...
 
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:
[2]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. https://www.west-midlands.police.uk/abou...
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Freedom of Information,

Dear Mr Ali

FOI Request Reference: 022372/19. Additional Enquiry.

Please be advised that force systems were searched for information relevant to your request and the results returned have been provided to you. Should you have additional information that may assist with processing a further enquiry, such as the name of the person that you refer to below, please provide this to us and we will endeavour to revisit force systems to elicit any information held and not already identified.

I hope that this is of assistance

Should clarification not be provided no further action will be taken

Yours sincerely,

Mrs R Williams

59614 Rebecca Williams l FOI Manager
Lloyd House l West Midlands Police
T: 101 (ext 801 2068)
Preventing crime, protecting the public and helping those in need.
If it’s not 999, search WMP Online

View all our social network links

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