Appropriate adults and legal representatives (013792/19)

Request

I would like to request the following information relating to the provision of appropriate adults and legal representatives under the Freedom of Information Act 2000.

 1.Can you tell me how many, and what percentage of, arrested adults were identified as being `vulnerable in your police force in 2017 and 2018? Please provide separate numbers and percentages for each year period (i.e. X and X% in 2017 and Y and Y% in 2018).

 2.What percentage of those arrested adults identified as `vulnerable were supported by an appropriate adult in your police force in 2017 and 2018? Please provide separate percentages for each year period.

 3 .How many times was a legal representative requested and provided for a (vulnerable) adult supported by appropriate adult at your police force during 2017 and 2018? Please provide separate numbers for each year period. Please state if the number of requests for a legal representative is different to the number of legal representatives actually provided.

 4.Can you tell me what percentage of (vulnerable) adults supported by an appropriate adult also had a legal representative in 2017 and 2018? Please provide a separate percentage for each year period.

 5.How many times was an “easy read” version of the notice of rights and entitlements requested and provided at your police force in 2017 and 2018? Please provide separate numbers for each year period. Please state if the number of requests for an easy read version is different to the number of easy read versions actually provided.

Response

Our data are not organised in such a way as to allow us to provide this information within the appropriate (cost) limit within the Freedom of Information (FOI) Act (see ‘Reason for Decision’ below).This information is not centrally held in a retrievable format in respect of vulnerable adults as our custody systems does not have a marker that would easily identify the arrested person as a vulnerable adult and in relation to Question 5 – How many times was an “easy read” version of the notice of rights and entitlements requested and provided . Each Custody record would need to locate and manually reviewed to see if the record mentioned that an easy read version was requested and provided (if reordered at all ).

 

The cost of compliance with the whole of your request is above the amount to which we are legally required to respond, i.e. the cost of locating and retrieving the information would exceed the appropriate costs limit under section 12(1) of the FOI Act 2000. For West Midlands Police, the appropriate limit is set at £450, as prescribed by the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004, S.I. 3244.

 

Therefore the cost of providing you with the information is above the amount to which we are legally required to respond i.e. the cost of locating and retrieving the information exceeds the ‘appropriate level’ as stated in the Freedom of Information (Fees and Appropriate Limit) Regulations 2004.

 

In accordance with the Freedom of Information Act 2000, this letter acts as a Refusal Notice for this part of the request and if one part of a request exceeds the fees limit then S12 of the Act applies to the whole request

 

However, In accordance with Section 16 of the Act I have a duty to provide advice and assistance in relation to your request. The only information I am able to provide is the total of over 18 arrested. Where an appropriate adult has been requested, where a solicitor has been requested and when both an appropriate adult and solicitor have been requested together. Please see this data below. This is the only information we are able to retrieve that maybe relevant to your request. This should not be taken as a precedent that additional information would be supplied outside of the time/fees legislation for any subsequent requests

 

  2017 2018 Total
Total number of 18 and over arrested 7928 6501 14429
Total request for solicitor 3993 3464 7457
Total request for appropriate adult & solicitor 55 44 99
Total request for appropriate adult 92 79 171

Further information on section 12 of FOI is available here:

https://www.app.college.police.uk/app-content/information-management/freedom-of-information/#fees-and-charges

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