FOI 494-2023 / May 2023 / Female genital mutilation
FREEDOM OF INFORMATION REQUEST REFERENCE NO: 494-2023
I write in connection with your request for information which was received on 9th May 2023 as follows:
I would like to request the following data from January 2018 up to and including December 2022, with the data broken down for each calendar year.
- How many cases of alleged Female Genital Mutilation (FGM) were reported?
- How many of the cases of alleged FGM were reported by health and social care professionals or teachers (as required by the mandatory reporting duty under section 5B of the 2003 FGM Act)?
- How many of the cases of alleged FGM were referred to the Crown Prosecution Service (CPS)?
- How many arrests were made in connection with a case of alleged FGM?
- How many FGM protection orders have been issued?
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.
I can advise that Warwickshire Police do hold some information; however, it is being withheld from disclosure.
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)(a)(b) – 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 FGM crimes reported would be invaluable to those with criminal intent, as this would allow offenders to 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.
Public Interest Considerations for S31(1)(a)(b) Law Enforcement
Factors favouring Disclosure
In this case, disclosure of the information would provide better awareness to the public around the impact of FGM in the area and on police resources, as well as openness and transparency around Warwickshire Police’s ability to effectively recognise, record and investigate such offences. As a result, it could increase debate and discussion around this subject.
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 in the force could deter victims of FGM 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 forces 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 FGM crime. 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 reducing reporting of FGM offences, or withdrawing their support of Court action, 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.
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