FOI Police Employee Domestic Abuse Allegations (0245-2022/23)
Request
Q1. Please provide the current number of allegations against a police officer or member of police staff employed by the force in the following categories:
- Domestic Abuse as described by the CPS: “physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse and psychological, emotional, or other abuse.”
- Sexual offences including rape, sexual assault, any form of child sexual abuse.
- Abusive behaviour, either sexual or domestic which falls short of potential criminality, but can be considered misconduct according to The Police (Conduct) Regulations 2020 Schedule 2, Standards of Professional Behaviour.
Q2. Please provide the following historical information
- The numbers of allegations as set out above made in the period May 2019 to May 2022
- The number of allegations resolved during this period
Q3. For the period May 2019 to May 2022 provide the number of officers or staff:
- Prosecuted
- Dismissed
- Retired during investigation
- Subjected to disciplinary action of another type
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 some of the located information to you.
Q1. Please provide the current number of allegations against a police officer or member of police staff employed by the force in the following categories:
- Domestic Abuse as described by the CPS: “physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse and psychological, emotional, or other abuse.”
- Sexual offences including rape, sexual assault, any form of child sexual abuse.
- Abusive behaviour, either sexual or domestic which falls short of potential criminality, but can be considered misconduct according to The Police (Conduct) Regulations 2020 Schedule 2, Standards of Professional Behaviour.
I have interpreted this part of your request to mean current and live cases and am therefore I am exempting providing a response to this question virtue of s30(3) Investigations; s31(3) Law Enforcement; s38(2) Health and Safety. Please see the exemption explanations below.
Pursuant to Section 17(1) of the Act this letter acts as a Refusal Notice in response to Q1 of your request.
Q2. Please provide the following historical information
- The numbers of allegations as set out above made in the period May 2019 to May 2022
- The number of allegations resolved during this period
In the requested period there were 38 relevant allegations of which 16 were resolved. Please be aware that not all allegations lead to investigations and these figures refer only to persons employed by North Yorkshire Police, and where the allegations are registered with our Professional Standards Department.
Q3. For the period May 2019 to May 2022 provide the number of officers or staff:
- Prosecuted
- Dismissed
- Retired during investigation
- Subjected to disciplinary action of another type
Some of the information in respect of this part of your request is published online either by North Yorkshire Police on our website, or elsewhere and is freely accessible by the general public. Please see the below links.
Misconduct outcome for former Officer PC 1682 Christopher Groom | North Yorkshire Police
Misconduct outcome for former Officer PC632 Christopher Bolton | North Yorkshire Police
Misconduct Outcome for former Officer DC 1164 Wright | North Yorkshire Police
North Yorkshire police officer denies sexual assault - BBC News
North Yorkshire Police officer denies sex charge | York Press
I am therefore exempting providing part of a response this question citing Section 21 – Information Reasonably Accessible to the Applicant by Other Means. For a further explanation of this exemption please see the Exemptions Explanation below.
One person was subject to disciplinary action of another type.
Given the low numbers of records held for the remaining part of Q3 I am applying further exemptions citing Section 30(1)(a) – Investigations and proceedings conducted by public authorities with the same rationale as outlined for Q1 above, and also Section 40 – Personal Information. A detailed explanation of the application of these exemptions is outlined below.
Pursuant to Section 17(1) of the Act this letter acts as a Refusal Notice in response to parts of Q3 of your request.
Exemption Explanations.
s30(3) Investigations; s31(3) Law Enforcement; s38(2) Health and Safety
Evidence of Harm:
Domestic abuse affects people from all walks of life in many different ways and can include coercive behaviour, physical and sexual abuse. This is a very emotive subject and the Police Service strive to deal with all aspects of it which includes dealing with police officers and police staff members who commit these types of offending. The College of Policing publish their Authorised Professional Practice on Domestic Abuse which provides guidance to the Police Service when dealing with this offending. Furthermore, North Yorkshire Policy has internal procedures for dealing with domestic abuse which includes a section where the perpetrators of domestic abuse are police officers/staff members and what will happen in that instance.
Should an officer/police staff member be party to allegations of this nature, misconduct or potentially criminal proceedings would likely ensue should formal charges be made. However, we also need to consider that not all allegations are proven and may not lead to a formal charge. To confirm or deny that information is held would highlight that officers/staff are or are not currently subject to allegations of domestic abuse, sexual offending, abusive behaviour, etc. Such an awareness would also highlight to suspects that their victims have either reported their offending to North Yorkshire Police or not, which either way could lead to further offending against their victims causing physical and/or emotional trauma.
Irrespective of whether information is or isn’t held, ongoing investigations would also be compromised if the offender were made aware an investigation into their behaviour is ongoing which would enable steps to be taken by them to destroy evidence, or put more pressure on their victims through coercive abuse to ensure their allegations are dropped.
Public interest Considerations:
Section 30 – Factors favouring complying with section 1(1)(a) confirming or denying information is held
Confirming or denying whether information exists relevant to this request would lead to a better informed general public by identifying that North Yorkshire Police robustly investigate all aspects of domestic/sexual abuse, including allegations made against their own officers and staff members. This fact alone may encourage individuals to provide intelligence in order to assist with investigations and promote public trust in providing transparency and demonstrating openness and accountability into where the police are currently focusing their investigations.
Factors against complying with Section 1(1)(a)
Confirmation or denial that information is held for question 1 would suggest North Yorkshire Police take their responsibility to appropriately handle and manage intelligence supplied to them flippantly.
Under FOI there is a requirement to comply with s1(1)(a) and confirm what information is held. In some cases it is that confirmation, or not, which could disclose facts which would undermine the investigative process and in such cases North Yorkshire Police takes advantage of its ability under FOI legislation to, where appropriate, neither confirm nor deny that information is or is not held.
Irrespective of what information is or isn’t held regarding question 1, any information which could be used to undermine prosecutions, aid offenders to continue with their abuse, is not in the public interest.
Section 31 – Factors favouring complying with section 1(1)(a) confirming or denying information is held
Disclosure would provide transparency in the way police officers and staff members are dealt with when suspected of carrying out domestic/sexual abuse offences and may improve public debate into the credibility of how North Yorkshire Police deals with these allegations within the force. It would also serve to demonstrate that North Yorkshire Police are open and accountable.
Factors favouring not complying with section 1 (1)(a) confirming or denying information is held::
To confirm or deny that information is held would risk undermining the investigative process whilst determining whether any member of staff is responsible for improper conduct; including whether or not an allegation of this nature leading to police intervention was proportionate under the circumstances.
North Yorkshire Police has a duty of care to the community at large and public safety is of paramount importance. If an FOI disclosure revealed information to the world (by citing an exemption or stating no information held) that would undermine an operation and place the safety of an individual at risk, this could be used to offenders’ advantage which would compromise any potential victims and public safety generally. It may also encourage offenders to carry out further crimes as detailed within the harm.
North Yorkshire Police relies on information being supplied by the public. Irrespective of what information is or isn’t held in relation to question 1, by applying substantive exemptions would indicate that information is held and there are currently ongoing investigations. Such action would act as a deterrent to the public to provide intelligence to the force which would further undermine public safety, with repercussions that could hinder the prevention or detection of crime.
Section 38(2) Health and Safety
Factors favouring complying with s1(1)(a) confirming information is held
Confirmation of whether information is or isn’t held for question 1 would provide reassurance to the general public that North Yorkshire Police takes all allegations seriously. This awareness could be used to improve any public consultations/debates in relation to this subject and also allow the public to take steps to protect themselves.
Factors against complying with s1(1)(a) confirming or denying that information is held
Confirming or denying that information exists could lead to the loss of public confidence in North Yorkshire Police ability to protect the wellbeing of the community.
North Yorkshire Police has a duty of care towards the general public and to reveal information via an FOI request which would place the safety of individuals in danger, is not in the public interest.
Balancing Test
The points above highlight the merits of confirming, or denying, whether any information pertinent to question 1 exists. North Yorkshire Police is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve. As part of that policing purpose, various operations may or may not be ongoing. North Yorkshire Police will never divulge whether or not information pertinent to question 1 does or does not exist, if to do so would place the safety of an individual(s) at risk, compromise an ongoing investigation or undermine the policing purpose in the effective delivery of operational law enforcement.
Whilst there is a public interest in the transparency of policing operations and investigations particularly in relation to North Yorkshire Police’ own police officers and staff members, providing reassurance that the Police Service is appropriately and effectively investigating current allegations of domestic/sexual abuse, there is a very strong public interest in safeguarding the health and safety of individuals. As much as there is a public interest in knowing that policing activity into allegations against its own police officers and staff is appropriate and balanced it will only be overridden in exceptional circumstances.
Therefore, at this moment in time, it is our opinion that for these issues the balance test for confirming, nor denying that information is held for question 1 is appropriate.
No inference can be taken from this refusal that information does or does not exist.
Section 21 – Information Reasonably Accessible to the Applicant by Other Means
This exemption applies as the requested information has been deemed already reasonably accessible by other means.
Section 21(1) is an absolute class-based exemption. This means that if the requested information is held by the public authority, and it is reasonably accessible to the applicant by other means, it is not subject to the public interest test.
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))
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.
The matter of whether or not a person has left the employment of North Yorkshire Police is personal to the individual or individuals concerned, and revelation of such information would not be fair to any persons concerned.
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
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.