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FREEDOM OF INFORMATION REQUEST REFERENCE NO: FOI-798-2023
I write in connection with your request for information which was received on 24th August 2023 as follows:
How many arrests, cautions or reports have been made for offering or aiding with hymenoplasty/virginity testing under the Health and Care Act 2022 since April of 2022
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.
Response Section 1 of the Freedom of Information Act 2000 places two duties on public authorities. Unless exemptions apply, the first duty at section 1(1)(a) is to confirm or deny whether the information specified in a request is held. The second duty at section 1(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:
(a) States that fact,
(b) Specifies the exemption in question and
(c) States (if that would not otherwise be apparent) why the exemption applies.
Section 31(1) – Law Enforcement
Section 31 is a prejudice-based qualified exemption and, as such, there is a requirement to evidence the harm disclosure would cause and to carry out a public interest test.
Evidence of Harm
Effective law enforcement is the core function of the police service and is of paramount importance to Warwickshire Police, as is the personal safety of individuals; and these must be considered in respect of every release. Any disclosure under FOI is a disclosure to the world and not just to the individual making the request. Disclosure of the number of arrests, cautions and/or reports which have been made regarding the stated offences, since April 2022 to present, would be invaluable to offenders who would be able to determine whether or not Warwickshire Police are aware of their offending and allow them the opportunity to use this knowledge to their own advantage in furthering criminal activity within the force area. If those with criminal intent were to use the information to their own advantage, it would significantly impact on the force’s core law enforcement function of preventing and detecting crime and protecting the communities it serves, which in turn could significantly increase the risk of harm to individuals.
Further, modern day policing is intelligence led and relies on the confidence of the public to come forward and report offences. To disclose information relating to these specific offences would cause individuals to mistrust the police if they consider that information they provide can be disclosed by way of a request under the Freedom of Information Act. This would then be likely to undermine the force’s ability to serve the public in preventing and detecting crime and can only be considered as being harmful.
Public Interest Test
Factors favouring Disclosure
To disclose the information would adhere to the basic principle of being open and transparent, which in turn would lead to a better-informed public. Disclosure could increase debate and discussion around this subject and encourage individuals to assist in reporting.
Factors favouring Non-Disclosure
The public have a high expectation that any information provided to Warwickshire police will be treated with confidence and anything that places that confidence at risk would undermine the trust that individuals have in the Force. A lack of trust could deter victims from coming forward to report offences and engage with police. A reduction in the reporting of crime, would reduce Warwickshire Police’s ability to safeguard individuals from current and future harm and to apprehend and prosecute offenders. This would ultimately lead to a significant impact in the force’s ability to protect the communities it serves.
Balancing Test
As always, the Freedom of Information Act has a presumption in favour of disclosure, unless, when balancing the competing public interest factors, the prejudice to the community outweighs the benefits. In this case, the strongest argument for disclosure is public awareness, and transparency around the reporting and recording of such offences. However, this needs to be weighed against the strongest argument for non-disclosure, which in this case is a negative impact on victim confidence in Warwickshire police, thereby potentially impacting upon reporting of offences, leading to the failure to apprehend and prosecute offenders and reducing the force’s ability to safeguard individuals. This will impact on the ability of Warwickshire Police to carry out their core function of law enforcement and protecting the most vulnerable from harm.
Having considered the arguments for and against disclosure, I have concluded that the argument in favour of maintaining the exemption is stronger and outweighs the public interest in disclosing the information.
In accordance with Section 17 of the Freedom of Information Act 2000, this acts as a refusal notice with regard to this 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 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