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FREEDOM OF INFORMATION REQUEST REFERENCE NO: FOI-159-2024
I write in connection with your request for information which was received on 6th February 2024.
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 your questions and the Warwickshire Police responses set out below.
Q1 response: The requested information is available in the public domain and is therefore exempt from disclosure by virtue of Section 21 of the Freedom of Information Act – ‘Information Reasonably Accessible by Other Means’. A statement was released by Warwickshire Police at the time which stated the following:
A spokesperson for Warwickshire police said:
“Earlier this year we took civil action following concerns raised by the community over road safety while hunt activity took place.
This came in the form of a Community Protection Notice [CPN], which we issued.
The CPN outlined several steps that Warwickshire Hunt must take to ensure that both they and any members of the public using the roads are safe.
This civil order concerned only safety around the roads. It had no bearing on the hunt’s legal right to trail hunt.
Warwickshire Hunt exercised their right to appeal the CPN and this meant the CPN was suspended awaiting appeal. During this process we met with them to discuss a proposal for a different agreement.
During these discussions, the Hunt agreed to a protocol that will see the introduction of safety and monitoring measures that are far wider-reaching than anything the CPN originally stipulated.
Given that this is a civil matter, and Warwickshire Hunt have accepted and understood the community’s concerns over road safety and are keen to work with all parties to manage this going forward, we have taken the decision to withdraw the CPN.”
Q2 response: This was dealt with by our Legal Services Department and was signed off at Chief Officer level. Please also refer to the statement set out in the link above.
Q3 response: Please be advised that the OPCC and Warwickshire Police are separate entities and questions relating to the Police and Crime Commissioner should be referred to the OPCC at the below email address:
You may also find the below link useful:
WA04319 - Revoking of CPN relating to Warwickshire Hunt - Office of the Police and Crime Commissioner for Warwickshire (warwickshire-pcc.gov.uk)
Q4 response: No Information held. Please also refer to the response to Q3.
Q5 response: No information held. Please also refer to the response to Q3.
Q6 response: No information held. Please also refer to the response to Q1.
Q7 response: No information held.
Q8 response: Please refer to the response to Q2.
Q9 response: This is not a valid request for information under Section 8 of the Freedom of Information Act. As set out in Section 84, the Act only extends to requests for recorded information, and does not require public authorities to answer questions if this would mean creating new information or giving an opinion or judgement that is not already recorded.
Outside of the Act, and as a gesture of goodwill, I can advise that policing will continue on a case-by-case basis.
Q10 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.
Warwickshire Police can neither confirm nor deny that it holds the information requested, as the duty at section 1(1)(a) does not apply by virtue of the following exemption:
Section 32(3) – Court records
Section 32 is a class-based, absolute exemption, therefore there is no requirement to provide evidence of harm or consider the public interest test. The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of this section.
In accordance with the Act, this letter represents a Refusal Notice for these parts of the request; however, no inference can be taken from this refusal that the specified information is or is not held.
Q11, Q12, Q13, Q14 & Q15 response: This information has been requested from way of an FOI request very recently and that response is available within the public domain, via the Warwickshire Police FOI disclosure logs, and is therefore exempt from disclosure by virtue of Section 21 of the Freedom of Information Act – ‘Information Reasonably Accessible by Other Means’. Please see the relevant link set out below:
FOI 83-2024 / Jan 2024 / Warwickshire Hunt | Warwickshire Police
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