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FREEDOM OF INFORMATION REQUEST REFERENCE NO: 309-2024
I write in connection with your request for information which was received on 8th March 2024.
Please accept my sincere apologies for the delay in providing the response to your request and for any inconvenience that this may have caused you. Please find your questions and the Warwickshire Police answers set out below.
Q1 response: Yes
Q2 response: 2 Constables and 1 Inspector; however, please note that police officers are not ‘seconded’ to the National Board of PFEW, instead they are elected.
With regard to length of service and length of time working in the Police Federation office, I can advise that this information is held; however, it is exempt 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 in question and
(c) States (if that would not otherwise be apparent) why the exemption applies.
The exemption applicable is:
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, providing the requested information would provide information in relation to 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.
Pursuant to Section 17(1) of the Act this letter acts as a refusal notice under the Freedom of Information Act 2000 in relation to these elements of your request.
Q3 response: Warwickshire Police
Response: No
If yes, is this the whole amount or a percentage?
Response: Not applicable
Please detail the amount of money spent by Warwickshire Police to fund the officers seconded to the PFEW National Board in years 2020, 2021 and 2023 (if applicable).
Q4 response: Please note our financial records run from 01/04 to 31/03 of the following year, i.e. 2021/22 year ran from 01/04/2021 to 31/03/2022 and the most recent complete financial year 2023/24 ran from 01/04/2023 to 31/03/2024. The amounts shown below is basic salary only.
2021/22 - £139,422
2022/23 - £142,751
2023/24 - £151,054
Q5 response: With regard to the first part of your question, please be advised that this is not a valid request for information within the everyday meaning of the legislation. To explain that further, S84 of FOIA relates to recorded information held by a public authority and that it does not extend to providing explanations unless the answers are already held in a recorded form.
"Information is defined in section 84 of the Act as 'information recorded in any form'. The Act therefore only extends to requests for recorded information. It does not require public authorities to answer questions generally; only if they already hold the answers in recorded form. The Act does not extend to requests for information about policies or their implementation, or the merits or demerits of any proposal or action - unless, of course, the answer to any such request is already held in recorded form." (Day vs ICO & DWP – EA/2006/0069 Final Decision).
I can advise that there are no plans to recharge and no agreement to do so.
Q6 response: Head of HR
Q7 response: This is dependent on the nature of the complaint. If the complaint related to their work as a representative then PFEW would investigate the allegation, however Warwickshire Police Professional Standards Department would investigate any allegations regarding conduct.
Response: No
Do the officers have to be available for operational deployment, if required?
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