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FREEDOM OF INFORMATION REQUEST REFERENCE NO: FOI-740-2023
I write in connection with your request for information which was received on 9th August 2023 as follows:
I am writing to request information under the Freedom of Information Act. I am looking for information about money paid to police informants. Please could you provide me with the following:
Please note, the amount should include the total of all payments to the informant in one financial year – for example, if the same informant received several payments in the financial year, please could the total amount for those payments be provided.
Please accept my sincere apologies for the delay in providing the response to your request and for any inconvenience this may have caused you. Please find the Warwickshire Police response set out below.
Q1 response:
2020/21 – £20,088
2021/22 – £45,830
2022/23 – £23,376
Q2 & Q3 response: Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties on public authorities, unless exemptions apply. The first duty at s1(1)(a) is to confirm or deny whether the information specified in a request is held. The second duty at s1(1)(b) is to disclose information that has been confirmed as being held.
Section 17 of the Freedom of Information Act 2000 requires Warwickshire Police, when refusing to provide such information (because the information is exempt), to provide you the applicant with a notice which:
The following exemptions apply to the withheld information:
Section 30(2) – Investigations and Proceedings
Section 38(1) – Health and Safety
Section 40(2) – Personal Information
Section 30 is a class based qualified exemption and there is a requirement to carry out a public interest test.
Section 38 is a prejudice based qualified exemption and there is a requirement to articulate the harm that would be caused in disclosing such information, as well as carrying out a public interest test.
Section 40 is an absolute class based exemption therefore there is no requirement to provide evidence of harm or consider the public interest test.
To disclose the information would significantly increase the risk of individuals being identified which would breach principle 1 (lawfulness, fairness and transparency) of the Data Protection Act 2018.
Harm
CHIS (regardless of their motivation) provide information at particular personal risk to themselves and their families. As previous cases have shown, where a CHIS is identified it can result in substantial physical harm, or mental trauma resulting from the threat of physical harm. This problem is particularly acute in cases relating to serious crime and terrorism, where the threat against individuals is substantial.
The health and safety of any individual is a matter of significant concern and importance to Warwickshire Police. Release of any information that could place an informant at risk of identification, and thus risk of physical or mental harm, is not suitable for disclosure.
Public Interest Test
Section 30 - Factors favouring disclosure
There is information within the public domain confirming that police use covert human intelligence sources to assist them with investigations and the effective delivery of law enforcement. Disclosure would enhance the public’s knowledge about how information relating to informants is used by Warwickshire Police and how the intelligence received assists in day to day investigations and operations to assist the prevention and detection of crime and the apprehension and prosecution of offenders. Disclosure would also assist in stopping any incorrect rumours or falsehoods relating to how the police store and manage how informants assist the police. It would also allow the public to determine whether the financial outlay by the force to informants is appropriate in comparison to the level of successful prosecutions.
Section 30 - Factors favouring non-disclosure
Disclosure of the information requested could identify informant activity within a force area. Over a period of time if several disclosures were made, individuals could analyse the information and identify any sudden peaks or troughs in informant activity. This would hinder the prevention and detection of crime and also prejudice our ability to maintain confidential sources. Consequently, the force’s future law enforcement capabilities would be affected. Similarly, the disclosure of the information would highlight when informants have been used which could place those persons, or those suspected of being an informant, in danger. The disclosure of this information would lead to informants losing confidence in Warwickshire Police and would impede the recruitment of informants in the future.
Section 38 - Factors favouring disclosure
Release of the information would promote openness and transparency of records held by Warwickshire Police.
Section 38 - Factors favouring non-disclosure
The release of any information could lead to identification of any individual and consequently endanger the safety, potentially the life, of an individual.
Balance Test
There is information within the public domain confirming that police use covert human intelligence sources to assist them with investigations and the effective delivery of law enforcement. The Police Service is tasked with protecting the community we serve and solving crime and there is a public interest argument in ensuring we are open and transparent with regard to policing investigations and operations. There is no doubt that, for the issues outlined above, any disclosure relating to sensitive informant information would jeopardise those important roles. Informants play a vital role in assisting the police and this is based very much on relationships built on trust and the expectation of complete confidentiality. Warwickshire Police would never disclose information which would compromise tactics or the safety of an individual. It is therefore our opinion that the balance lies in favour of non-disclosure of the withheld information.
In addition, Warwickshire Police can neither confirm nor deny that any further information is held relevant to this request by virtue of the following exemptions:
Section 23(5) Information supplied by or concerning certain Security Bodies
Section 24(2) National Security
Section 30(3) (by virtue of Section 30(2) Investigations
Section 23 is a class based absolute exemption and there is no requirement to consider the public interest. Confirming or denying the existence of whether any information is held would contravene the constrictions laid out within Section 23 of the Freedom of Information Act 2000 in that this stipulates a generic bar on disclosure of any information applied by, or concerning, certain Security Bodies.
Section 24 is a prejudiced based qualified exemption and there is a requirement to evidence the prejudice (harm) in disclosure and consider the public interest to ensure neither confirming or denying that information is held is appropriate.
Section 30 is a class based qualified exemption and there is a requirement to consider the public interest to ensure neither confirming or denying information is held is appropriate.
Harm for neither confirming nor denying that any other information is held
Disclosure of informant data could impact on the recruitment and retention of CHIS in general, due to the perception of (rather than the actual) risk of identification. The disclosure of the requested information would damage national security through discouraging current national security CHIS from cooperating with the police service in other geographical areas, or preventing the recruitment of national security CHIS in the future – regardless of whether the area in question actually currently runs CHIS reporting on serious crime, terrorist or other threats.
Public Interest Test
Section 24 - Factors favouring confirming or denying that any other information is held
Confirmation or denial that any other information exists relevant to the request would lead to a better informed public and the public are entitled to know how public funds are spent. The information simply relates to national security and disclosure would not actually harm it.
Section 24 - Factors against confirming or denying that any other information is held
Other organisations outside the police service are also widely engaged in rewarding informants in a number of ways, and therefore by confirming or denying that any other information exists relevant to the request would harm the close relationship that exists with such organisations, where trust and confidence in this specific area has been built up in the exchange of information and financial assistance during the Criminal Justice process.
To confirm or deny whether Warwickshire Police hold any additional information would allow inferences to be made about the nature and extent of national security related activities which may or may not take place in a given area. This could enable terrorist groups to take steps to avoid detection, and as such, confirmation or denial would be damaging to national security.
By confirming or denying any policing arrangements of this nature would render national security measures less effective. This would lead to the compromise of ongoing or future operations to protect the security or infra-structure of the UK and increase the risk of harm to the public.
Section 30 - Factors favouring confirming or denying that any other information is held
The confirmation or denial that information is held would provide a greater insight into policing and how resources are allocated to investigate crimes. The confirmation or denial that the information is or is not held would identify how often Warwickshire Police relies on CHIS within this type of investigation.
Section 30 - Factors against confirming or denying that any other information is held
To confirm or deny that information relevant to this request is held would provide details of any previous or on-going investigations. Informant information assists police investigations and provides vital intelligence. To confirm that Warwickshire Police have used informants with previous investigations and criminal convictions in specific investigations would provide sensitive information that would undermine policing and investigations. Investigations, although complete, may have included information from an informant of the type described and serve to undermine any investigations that have taken place based on the original investigation.
Balance Test
The Police Service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve. The security and maintenance of investigations are of paramount importance and the Police service will not divulge whether information is or is not held if to do so would place the safety of an individual at risk or undermine National Security and investigations. Whilst there is a public interest in the transparency of policing operations and providing assurance that the police service is appropriately and effectively engaging with the threat from criminals, there is a very strong public interest in safeguarding both national security and the integrity of police investigations and operations in this highly sensitive area. As much as there is public interest in knowing that policing activity is appropriate and balanced in matters of national security, this will only be overridden in exceptional circumstances.
It is therefore our opinion that for these issues the balancing test for confirming or not that information is held, is not made out.
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 email the Freedom of Information Unit quoting the reference number above.
Yours sincerely
Freedom of Information Officer
Freedom of Information Unit
Warwickshire Police
PO Box 4
Leek Wootton
Warwickshire
CV35 7QB