FOI Army Foundation College Crimes (1081-2023/24)

Request

This is a request for information under the Freedom of Information Act 2000, regarding investigations that have been opened into sexual offences at the following locations in calendar years 2021, 2022 and 2023:
Army Foundation College Harrogate & Infantry Training Centre Catterick

Please note there are five parts to this request.
Q1. What was the total number of investigations opened into sexual offences at the above locations from 1 January 2021 up to and including 31 December 2023?

Q2. How many investigations were opened into sexual offences at the above locations in each calendar year for years 2021, 2022 and 2023?

Q3. Please provide a breakdown for each location.
 
Q4. Please provide a breakdown by category of offence, for example, but not limited to, X reports of rape, Y reports of sexual assault, Z reports of voyuerism.
 
Q5. How many of the above investigations involved a victim who was under 18?

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 located information to you.

Q1. From 01 January 2021 to 31 December 2023 there have been 20 sexual offences reported.

Q2. Exempt

Q3. Army Foundation College – 20

Infantry Training Centre – 0

Q4. Exempt

Q5. Exempt

I am exempting any information to Q2, Q4 & Q5 pursuant to Section 30 (Investigations), Section 40 (Personal Information) and Section 44 (Prohibitions on disclosure). Please see the explanation below.

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. Please see the exemption explanations below.

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.

Reasons for Disclosure

The public have an interest in understanding how the police investigate crime. Disclosure of the requested information may give members of the public a better awareness which may reduce crime. There is legitimate public interest in knowing how public funds are spent.

Reasons against Disclosure

Law enforcement tactics could 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. Information may undermine the operational integrity of any ongoing investigation. Premature disclosure could adversely affect public safety and have a negative impact on Police investigations.

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.

Section 40 – Personal Information

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)).

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.

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 44 – Prohibitions on Disclosure

Section 44(1) of the Act is an absolute, class-based, exemption, meaning that there is no requirement to consider the public interest in disclosing the information nor evidence the harm that would be caused.

Releasing the information requested, aggregated by reference to a particular crime, could allow for the identification of the victim(s).  The Sexual Offences Act 1992 extends the anonymity that was once given only to victims of rape, to victims of most other sexual offences.  Schedule 2 (as amended by Schedule 6 of the Sexual Offences Act 2003) provides a list of offences, the victims of which are guaranteed anonymity under the provision of Section 1.

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.