FOI 874-2023 / Sept 2023 / Abortions
FREEDOM OF INFORMATION REQUEST REFERENCE NO: 874-2023
I write in connection with your request for information which was received on 21st September 2023 as follows:
I am requesting information on cases referred to in the media recently (see here and here for example) of abortions performed beyond the legal limit, and any similar cases. I would request the information be formatted in a spreadsheet with the various columns denoting the information sought and/or via any sufficiently redacted reports.
Specifically, I am requesting information on any reports of illegal abortion, coercing/forcing a miscarriage, or similar, and the method of doing so. I request that the number of incidents/reports for the last decade (2012-now) be broken down by suspect (e.g. the pregnant woman and/or third party(ies) such as a boyfriend, random attacker etc.), and alongside this, request the following be specifically denoted: the method of miscarriage/abortion (e.g. instruments, physical assault, women deliberately injuring themselves, etc. If pills were used, please denote the provider they were obtained from and if obtained after a telemedicine consultation or in person consultation); gestation of the pregnancy, and the final outcome of each report (e.g. if applicable please disclose whether there was a guilty plea, prosecution / trial, conviction, and any sentence, or if it was determined it was a miscarriage and a woman was wrongfully investigated, etc.).
Also broken down by suspect please denote the total number of arrests and total number of charges and under what legislation each arrest occurred / charge was brought (most likely HOC 14: Procuring illegal abortion; HOC 15: Concealing infant death close to birth; HOC 4/03 Child destruction, but could be under other legislation related to battery, grievous bodily harm, poisoning, etc.).
Please find the Warwickshire Police response set out below.
Response: Please be advised that the requested information in relation to crimes recorded and charges is available within the public domain and is therefore exempt from disclosure by virtue of section 21 – ‘Information Reasonably Accessible by Other Means’. Please see the below link for information:
Police recorded crime and outcomes open data tables
You will see that of the relevant offences in relation to your request of:
14/1 – Administering drugs or using instruments to procure abortion - Offences against the Person Act 1861, Sec 58 as amended by Abortion Act 1967.
14/2 - Procuring drugs etc. to cause abortion. Offences against the Person Act 1861 Sec 59.
004/03 – Child Destruction – unborn child – s1 Infant Life (Preservation) Act 1929.
that there is one such crime recorded, which appears within the 2021/22 data tables in relation to ‘Child Destruction’.
I can advise that no arrest was made in this case.
With regard to any further information requested, 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.
The exemptions applicable in this case are:
Section 30(1) – Investigations
Section 40(2) – Personal Information
Section 30 is a qualified class based exemption and as such requires a public interest test to be carried out.
Section 40 is an absolute class-based exemption, which does not require evidence of the harm disclosure would cause and does not require consideration of a public interest test. That being said, where Section 40(2) is engaged, in order to make the exemption absolute there needs to be evidence that a Data Protection Principle would be breached by disclosure.
This exemption is engaged where disclosure of information relates to personal data of a third party or could lead to the identification of an individual, either from that information alone or combined with any other information from within the Police Service or public domain. In this case, due to the extremely low number, providing any further requested information is likely to lead to the identification of an individual and provide information in relation to that individual. Such a disclosure would breach individuals’ rights under the Data Protection Act 2018, in particular Article 5(1) of the GDPR which states that personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject.
Public Interest Test
Section 30 - Factors Favouring Disclosure
Disclosure of information would show that investigations are being conducted appropriately.
Section 30 - Factors Against Disclosure
Individuals may be reluctant to come forward and provide information if they believe that details relating to any investigation could be released, via an FOI request. Therefore, disclosure could potentially undermine current and/or future investigations, resulting in potential damage to law enforcement and the wider community as this may hinder the prevention or detection of crime.
Balancing test
When balancing the public interest, arguments favouring disclosure need to be balanced with those against. The strongest reason for the disclosure of information is that this would demonstrate openness and transparency and the strongest reason for withholding information is that investigations could be compromised.
After weighing up the competing interests, it has been determined that the public interest favours non-disclosure and the remaining information is withheld.
This letter serves as a refusal notice under Section 17 of the Freedom of Information Act for the withheld information.
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