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FREEDOM OF INFORMATION REQUEST REFERENCE NO: 408-2024
I write in connection with your request for information which was received on 22nd March 2024 as follows:
Q1. Can you provide details of any discussions you or your office had with the Police and Crime Commissioner on or off the record, about the Warwickshire Hunt, within three months of:
When the CPN was first issued in 2022?
When the Protocol was agreed in 2023?
When there was an alleged fox kill in October 2023?
Q2. Who rescinded the CPN relating to December 2022 and who was involved in making this decision?
Q3. Can you please provide me with copies of the reports produced by the rural crime team:
Which led to the CPN first being issued?
Following the alleged fox kill in October 2023?
Q4. Have any other protocols been agreed during your tenure as Chief Constable?
Please find the Warwickshire Police response set out below.
Q1 response: No information held.
Q2 response: This was dealt with by our Legal Services Department and was signed off at Chief Officer level.
Q3 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 holds some information that is considered to fall within the scope of the request; however, this 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(s) in question and
(c) States (if that would not otherwise be apparent) why the exemption(s) applies.
The exemptions applicable in this case are as follows:
Section 30(1) – Investigations
Section 40(2) – Personal Information
Section 40 is a class based absolute exemption and there is no requirement to consider the public interest test in this case. 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 third-party personal data 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, disclosing the information is likely to lead to the identification of an individual and provide personal information in relation to that individual. Such a disclosure would breach an individual’s 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.
Section 30 is a class based qualified exemption and there is a requirement to carry out a public interest test.
Public Interest Test
Section 30 - Factors Favouring Disclosure
There is a public interest in the transparency of policing operations to ensure investigations are conducted appropriately. Disclosure could also raise awareness in relation to specific incidents and encourage the public to come forward with any new information that could assist police investigations.
Section 30 - Factors Against Disclosure
Effective law enforcement and protecting the communities it serves is of paramount importance to Warwickshire Police and the force would not risk highlighting any information that could potentially undermine a current and/or future investigation or could hinder the prevention and detection of such crimes, leading to a failure to bring offenders to justice and a loss of public confidence in the force’s ability to protect the communities it serves.
Balance Test
When balancing the public interest test the force must consider whether the information should be released into the public domain and arguments need to be weighed against each other.
The most persuasive reason for disclosure is transparency and public engagement, which needs to be balanced against the strongest reasons to withhold information, which are hindering current and future investigations.
Information released under FOIA, where exemptions apply, will only be done where there is a tangible community benefit which is more powerful than the harm that could be done. For the reasons set out above, it is our opinion that on this occasion the balance test favours withholding the requested information.
Q4 response: Yes.
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