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FREEDOM OF INFORMATION REQUEST REFERENCE NO: FOI-762-2024
I write in connection with your request for information which was received on 26th August 2024 as follows:
1) The number of Serious Crime Prevention Orders (SCPOs) obtained by Warwickshire Police in each of the years: 2022-23, 2021-22, 2020-21 (ideally by calendar year but will accept financial year if needs be).
2) A copy of any policy on obtaining SCPOs during these years (2020-2023) (I am interest in the initial decision to apply for an Order).
3) A copy of any Key Performance Indicators or numerical targets that effect decisions to obtain SCPOs during this time (2020-2023).
Please find the Warwickshire Police response set out below.
Q1 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 the requested information; however, it is being withheld from disclosure in the format 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.
Section 40(2) – Personal Information
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 extremely low numbers, providing information broken down by year is likely to identify an 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.
In accordance with the Section 17 of the Freedom of Information Act 2000, this letter acts as a Refusal Notice for a breakdown by year as requested.
Information I am able to provide is for the total specified period 2020 to 2023, which is 4 SCPOs.
In addition, Warwickshire Police can neither confirm nor deny any further information is held by virtue of the following exemption:
Section 23(5) Information supplied by or concerning certain Security Bodies
Section 23 is a class based absolute exemption and there is no requirement to consider the public interest in this case. Confirming or denying the existence of whether any other information is held would contravene the constrictions laid out within s23 in that this stipulates a generic bar on disclosure of any information applied by, or concerning, certain Security Bodies.
Please note this response should not be taken as an indication as to whether further information is or is not held.
Q2 response: There is no policy held relating to obtaining SCPOs. We do hold a guidance document; however, this does not set out specific criteria with regard to the initial decision to apply for an Order. The decision regarding application is taken on a case-by-case basis.
Q3 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 Unit
Warwickshire Police
PO Box 4
Leek Wootton
Warwickshire
CV35 7QB