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FREEDOM OF INFORMATION REQUEST REFERENCE NO: 525-2023
I write in connection with your request for information which was received on 22nd May 2023 as follows:
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.
With regard to Q8 of your request, Warwickshire Police are unable to confirm whether or not any internal reports, memos, minutes of meetings, etc, are held and dated within the last 3 years regarding how we respond to, or should respond to, unlawful evictions, and Section 12(2) applies.
Section 12(2) states: “…Subsection (1) does not exempt the public authority from its obligation to comply with paragraph (a) of section 1(1) unless the estimated cost of complying with that paragraph alone would exceed the appropriate limit.”
In order to determine whether such information is or is not held, it would be necessary to undertake a vast amount of enquiries with business areas and individual members of the force who would in turn have to undertake in depth searches of their own records as well as scrutinising of various systems. As you will appreciate, this would take an inordinate amount of time and, therefore, the cost of complying with paragraph (a) of section 1(1) would be above the amount to which we are legally required to respond i.e. the cost of exceeds the ‘appropriate level’ as stated in the Freedom of Information (Fees and Appropriate Limit) Regulations 2004.
In accordance with Section 12(2) of the Freedom of Information Act 2000, please treat this letter as the Refusal Notice I am required to provide to you in respect of your request.
Under Section 16 of the Act I have a duty to provide advice and assistance in relation to revising your request; however, in this instance I am unable to suggest a way to par down your request to one which could be dealt with within the fees limit.
As a gesture of goodwill, I have provided responses to your remaining questions which are set out below.
Q1 response: Searches were conducted for all crimes, recorded during the period 1st January 2018 and 24th May 2023, under HOCR 87/01 ‘Deprive / displace residential occupier from premises’ and also for any crime that has ‘eviction’ in the title. This produced a nil return.
Q2 response: Not applicable
Q3 response: Not applicable
Q4 response: Not applicable
Q5 response: No information held. There is no specific force policy relating to responding to tenancy evictions.
Q6 response: No information held
Q7 response: No information held
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