FOI 835-2024 / Sep 2024 / Dangerous dogs
FREEDOM OF INFORMATION REQUEST REFERENCE NO: 835-2024
I write in connection with your request for information which was received on 19th
September 2024 as follows:
Please provide yearly figures for 2019, 2020, 2021 and 2022 along with monthly figures for all of 2023 and for 2024 from January 1st to 31st August for each of the following questions:
- The number of crimes recorded for Home Office code 111/17/N: Possession of Pitbull type terrier, Japanese Tosa or other designated type dog contrary to Section 1(2) of Dangerous Dogs act
- The number of crimes recorded for Home Office code 8N/821: Owner or Person in charge allowing dog to be dangerously out of control in any place in England or Wales (whether or not a public place) injuring any person or assistance dog.
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 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 has been determined that disclosure is exempt 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 the extremely low number of non-notifiable offences of this type, providing information broken down by month for 2023 and 2024 as requested, or even by year for the whole period, 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.
Instead information has been provided across the entire period, as set out below
|
Primary HO Classification Code NN111/17 |
Total |
|
2019 to 2024 (as at 31/08/2024) |
5 |
|
Grand Total |
5 |
Q2 response:
|
Primary Home Office Classification 008/21 |
Total |
|
2019 |
178 |
|
2020 |
190 |
|
2021 |
210 |
|
2022 |
266 |
|
2023 |
313 |
|
Jan |
11 |
|
Feb |
11 |
|
Mar |
26 |
|
Apr |
21 |
|
May |
26 |
|
Jun |
26 |
|
Jul |
34 |
|
Aug |
38 |
|
Sep |
35 |
|
Oct |
29 |
|
Nov |
26 |
|
Dec |
30 |
|
2024 (as at 31/08/2024) |
285 |
|
Jan |
34 |
|
Feb |
21 |
|
Mar |
24 |
|
Apr |
30 |
|
May |
40 |
|
Jun |
30 |
|
Jul |
55 |
|
Aug |
51 |
|
Grand Total |
1442 |
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