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Request:
I would like to submit a refined request please.
Q1. In the time period 1 January 2021 up to 1 May 2026, how many reports of (a) criminal damage and arson [offence codes 56A, 56B, 57, 58D]; (b) threat to commit criminal damage [offence codes 59.4]; (d) criminal or malicious damage offences [offence code 149]; (e) harassment; (f) breach of a safe access zone according to Section 9 of the Public Order Act 2023 (England/Wales); (g) any other criminal offence [please specify] where the location of the reported offence was an abortion clinic or reproductive healthcare clinic.
Q2. Please provide the outcome of each report, e.g. No further action; caution; charge.
Below is a list of all the clinics that fall under the scope of my request. If I have inadvertently included a clinic that is not in your jurisdiction, please ignore it - sometimes Google maps is not the best authority!
MSI Reproductive Choices York, Health Centre, YorSexual Health, 31 – 33 Monkgate, York YO31 7PB
BPAS York, Rise, Unity Health - Kimberlow Hill Surgery Kimberlow Lane Kimberlow, York YO10 5LA
Harrogate Women's Health Clinic, Haggs Rd, Harrogate HG3 1EQ
Sexual Health Clinic York, 31 Monkgate, York YO31 7WA
Good health clinic, 27a Finkle St, Selby YO8 4DT
Response:
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
I have today decided to disclose the following information to you.
Q1. Please see the table below showing the number of crimes recorded between 01 January 2021 and 01 May 2026 which have been filtered on the requested addresses, broken down by crime type. Due to low figures, I am exempting the yearly breakdown pursuant to Section 40(2) of the Freedom of Information Act 2000 (the Act). Please see the explanation below.
|
Crime Type |
Count |
|
Arson & Criminal Damage |
1 |
|
Public Order Offences |
1 |
|
Theft: Bicycle Theft |
2 |
|
Violence Against The Person |
4 |
|
Total |
8 |
Q2. Of those above please see the breakdown of crime outcome. Due to low figures, I am exempting the yearly breakdown pursuant to Section 40(2) of the Freedom of Information Act 2000 (the Act). Please see the explanation below.
|
Crime Outcome |
Count |
|
01-Charged/Summonsed |
3 |
|
15-Evidential difficulties prevent further action; victim supports police action |
1 |
|
17-Prosecution time limit expired |
1 |
|
18-Investigation complete - no suspect identified |
2 |
|
22-Diversionary or referral pathway; no public interest |
1 |
|
Total |
8 |
I am exempting any other information relation to those that are ongoing pursuant to section 30 (Investigations). Please see the explanation below.
Explanation of exemptions
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. Please see the exemption explanations below.
Section 40 – Personal Information
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 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
Section 30 – Investigations
Section 30 is a qualified, class-based exemption, which requires that I conduct a public interest test to balance the legitimate interests of the public in knowing the information against the interests of non-disclosure.
Public Interest Test S30
Reasons for Disclosure
Better awareness may reduce crime
The public have an interest in understanding how the police investigate crime.
There is legitimate public interest in knowing how public funds are spent.
Reasons against Disclosure
Law enforcement tactics would be compromised.
The force’s future law enforcement capabilities would be affected.
Disclosure could hinder the prevention and detection and crime, as any offenders could potentially take measure to avoid detection.
Balancing Test
After considering the reasons for and against disclosure, it is my opinion that the reasons for non-disclosure outweigh the reasons for disclosure.
The safety of the public is of paramount importance and the Police service will not divulge the information, if to do so would place the safety of individuals at risk or compromise law enforcement.
Whilst there is a public interest in the transparency of policing, ongoing criminal activity and providing assurance that the police service is appropriately and accurately recording and investigating crime, there is also a very strong public interest in safeguarding the integrity of police reports and those that report crime
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.