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Request
Q1. From April 1st 2024 to present:
a.The number of reports where sodium nitrite was recorded
b. The number of attendances where sodium nitrite was recorded.
c. The number of deaths attended where sodium nitrite was recorded.
d. The number of welfare checks made relating to sodium nitrite.
Q2. From April 1st 2023 to March 31st 2024:
a.The number of reports where sodium nitrite was recorded
b. The number of attendances where sodium nitrite was recorded.
c. The number of deaths attended where sodium nitrite was recorded.
d. The number of welfare checks made relating to sodium nitrite.
Q3. From April 1st 2022 to March 31st 2023
a.The number of reports where sodium nitrite was recorded
b. The number of attendances where sodium nitrite was recorded.
c. The number of deaths attended where sodium nitrite was recorded.
d. The number of welfare checks made relating to sodium nitrite.
Q4. April 1st 2021 to March 31st 2022
a.The number of reports where sodium nitrite was recorded
b. The number of attendances where sodium nitrite was recorded.
c. The number of deaths attended where sodium nitrite was recorded.
d. The number of welfare checks made relating to sodium nitrite.
Q5. April 1st 2020 to March 31st 2021
a.The number of reports where sodium nitrite was recorded
b. The number of attendances where sodium nitrite was recorded.
c. The number of deaths attended where sodium nitrite was recorded.
d. The number of welfare checks made relating to sodium nitrite.
Extent and Result of Searches to Locate Information
To locate the information relevant to your request searches were conducted within North Yorkshire Police. I can confirm that the information you have requested is held by North Yorkshire Police.
Decision
Q1-5. I am exempting this information pursuant to Section 31(1) Law Enforcement - of the Freedom of Information Act 2000 (the Act). Please see the below exemption explanation.
Exemption Explanation
Section 17 of the Act requires North Yorkshire 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 31 – Law Enforcement
Section 31 is a prejudice-based qualified exemption and there is a requirement to articulate the harm as well as carrying out a public interest test.
Evidence of Harm
As you may be aware, disclosure under FOIA is a release to the public at large. Whilst not questioning the motives of the applicant, releasing any information held as to the the prevalence of and success rate of Sodium Nitrite/Sodium Nitrate, particularly as a cause of death, would be to the detriment of providing an efficient policing service and a failure in providing a duty of care to all members of the public.
Furthermore, to disclose the number of deaths relevant to one specific substance would set a precedent over disclosure in relation to any other named substances; revealing the viability of each substance set against any other. This would have an adverse risk on public safety, whether that means vulnerable members of society who seek to end their own life, or any other person with mal-intent.
Factors favouring disclosure under Section 31
Providing this information would adhere to the general principle of open and transparency and provide a better awareness to the general public.
There has been recent media reporting in relation to poisonings and the use of Sodium Nitrate. As such, disclosure would be informative, and allow for wider public discussion over such matters.
Factors against disclosure under Section 31
It can be argued that there are significant risks associated with providing information in relation to any aspects that can assist criminal planning and that any nation’s security arrangements, by releasing the information, may reveal the relative vulnerability of what we may be trying to protect.
The Police Service would not wish to reveal resource information that would undermine the law enforcement operations and would impact on police resources, as more crime would be committed because criminals/terrorists would know which forces had less/more capability. This in turn would place the public at a greater risk and a fear of crime would be realised, especially for more vulnerable areas.
Balance test
Having considered your request, North Yorkshire Police accepts that there is a public interest in transparency when any request is made for police information. The public interest favouring release must however be balanced against any associated risk and/or prejudice that would be caused through disclosure.
Whilst the factors favouring disclosure are important in that it would adhere to the basic principle of being open and transparent and providing better awareness to the public, this will only be overridden in exceptional circumstances. It is my opinion that there is an overriding duty to safeguard the public against criminal activity and as such, the public interest test in favour of disclosing the requested information is not made out.
Pursuant to Section 17(1) of the Act this letter acts as a Refusal Notice in response to part of your request.
Please note that systems used for recording information are not generic, nor are the procedures used locally in capturing the data. It should be noted therefore that this force’s response to your questions should not be used for comparison purposes with any other responses you may receive.