FOI Sexual offence allegations involving NHS staff or premises (0645-2022/23)

Request

1.     Over the past five years, how many incidents/allegations of sexual assault which took place on NHS premises have you recorded?

1.1  Over the past five years, how many incidents/allegations of rape which took place on NHS premises have you recorded?

1.2  Over the past five years, how many incidents/allegations of other sexual offences which took place on NHS premises have you recorded?

2.     If this information is retrievable on your system, over the past five years, how many incidents/allegations of sexual assault or harassment and rape and other sexual offences which took place on non-NHS premises where the perpetrator was an NHS staff member (works for NHS, doctor, nurse, etc) have you recorded? 

2.1 Please state in how many cases there was a workplace/professional relationship between the perpetrator and the victim (colleague, carer-patient, etc) if known? 

3.     If this information is recorded on your system, over the past five years, how many incidents/allegations of sexual assault or harassment, rape and other sexual offences which took place on non-NHS premises and where the victim was an NHS staff member  (works for NHS, doctor, nurse, etc) have you recorded? 

3.1 Please state in how many cases there was a workplace/professional relationship between the perpetrator and the victim (colleague, patient-carer, etc) if known? 

I would like both the total number for all these incidents/allegations as well as a breakdown for each of these years: 2017-18, 2018-19, 2019-20, 2020-21, 2021-22

Details of incidents/allegations

For each of these allegations, please provide the following information (if available) in a spreadsheet (with the bolded words as column titles).

If you only have information for some of the above years, please provide what you have and explain the gaps in your data. Where cases are still ongoing, please make that clear.

Incident date

month and year

Incident location

name or type of health facility, or description of type of location

Brief details of allegations

including offence code

Victim

whether the victim was a patient, visitor or NHS worker (specifying type, eg doctor, nurse, administration)

Suspect

whether a suspect was identified

if a suspect was identified please state whether the suspect was a patient, visitor or NHS worker (again specifying type of worker)

Outcome

whether the suspect was arrested

whether the suspect was charged

whether the suspect was convicted

whether the investigation is still ongoing

whether the case was unable to proceed (if that was the case please state the reason, eg, not enough evidence/evidential difficulties, no suspect, victim did not support taking case further so declines/withdraws support)

 

The above request triggered an excess cost exemption. The below is a refinement received.

Please could you limit your search to incidents that took place on NHS premises – hospitals, GP surgeries etc.

I understand that the occupation of the victim and perpetrator are sometimes recorded but that this is not mandatory. If any of that information is accessible in the records you bring up I would appreciate having it although I understand what you will be able to provide is limited.

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.

 

Response

Decision

I have today decided to disclose the located information to you.

I have provided incidents recorded between 01/01/2018 – 03/11/2022 where the Location is one of the following:

• Hospital
• Mental Health Unit
• Surgery/Health Centre

I have provided as much data as I can but have disassociated the tables pursuant section 40(2) of the Freedom of Information Act. Please see exemption explanation below.

The below table shows the number of offences broken down by offence type and year.

Offence	2018	2019	2020	2021	2022	Total
Exposure And Voyeurism	1			1	1	3
Rape Of A Female Aged 16 And Over	3	5		2	2	12
Rape Of A Male Aged 16 And Over	3					3
Sexual Activity With A Person With A Mental Disorder		1				1
Sexual Activity Involving A Child Under 13		2				2
Sexual Assault On A Female Aged 13 And Over	8	6	4	9	3	30
Sexual Assault On A Female Child Under 13	1					1
Sexual Assault On A Male Aged 13 And Over	2	1		2	1	6
Sexual Grooming				1		1
Harassment	4	3	5	4	2	18
Total	22	18	9	19	9	77

 

The below table shows the number of offences broken down by location.

Location	Total
Hospital	25
Mental health unit	36
Surgery/health centre	16
Total	77

 

The below table shows the victim and offender numbers broken down by occupation.

Occupation	Victim	Offender
Nurse	5	4
Doctor	3	7
Patient	48	32
Visitor	2	6
Other Staff	19	22
Total	77	71

 

Section 40 – Personal Information

I have disassociated the tables pursuant to section 40(2) – Personal Information. This is to refrain from particular incidents becoming identifiable and consequently the personal details of any persons involved being disclosed.

Where an individual can be identified by such data, releasing it would clearly breach the first data protection principle of being ‘fair’ to the data subject.

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 40(2) is an absolute class based exemption, which does not require a public interest test, but requires the balancing of the legitimate interests of the public against the interests of the individual under the first Data Protection Principle; in that processing of personal data must be lawful and fair (DPA 2018 35(1), EUGDPR Article 5(1)).

This exemption applies because the right given under the FOI Act to request official information held by public authorities does not apply to the personal data of third parties where disclosure of that information would not be fair to the individual, and where there is no legitimate public interest in disclosure.

In all the circumstances of the case it has been determined that the duty to the individual under the Data Protection Act 2018 & EU General Data Protection Regulations, and the public interest in maintaining the exemption from disclosure of personal information held by the force in such instances, outweighs the public interest in disclosure.  In this instance, personal information can only be disclosed to the individual concerned. 

Releasing personal details to a person other than the data subject would not only breach the data subject’s Data Protection rights it may also breach the obligations placed on an authority under the European Convention on Human Rights

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 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.