FOI - School Incidents
Request:
- The number of 'peer on peer' incidents reported in PRIMARY schools (ages 5-11) for the academic years:
2017-2018
2018-2019
2019-2020
- The ages of the alleged suspects and victims involved.
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.
- Please see below total number of crimes recorded between 01 September 2017 and 31 August 2020 in Primary Schools where there is a victim and offender linked both aged between 5-11.
|
Crimes recorded in Primary Schools where there is a victim and offender linked both aged between 5-11 (01.09.2017-31.08.2020) |
|
|
Year |
Number |
|
2017-2018 |
0 |
|
2018-2019 |
1 |
|
2019-2020 |
0 |
- I am exempting any further information regarding the age of the suspect or victim pursuant to Section 40(2) – Personal Information. This is because providing additional information could identify the victim or the suspect and therefore would not be fair on the individuals. 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.
Exemption Explanation
Section 40 – Personal Information
The specific information you have requested is exempt by virtue of Section 40 of the Freedom of Information Act 2000 (the Act) because I consider it to be personal information to the people concerned. Information disclosed under the Act is considered released to the world and responses are published on our website.
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.