Compensation Claims (5179_14)

Request

“How many compensation claims have there been from staff and the public within your service area in 2013?”

(compensation claims being defined as a monetary settlement for any injury or other distress claimed for by a person against your service)

Please provide a breakdown of each individual claim, providing details of what role the claimant was in and what they claimed for, plus each individual settlement cost

 

Response

DECISION UNDER THE TERMS OF THE FREEDOM OF INFORMATION ACT

We can confirm that some relevant information is held by West Midlands Police and is attached. However, while the majority of the information is attached to this email I am afraid that I am not required by statute to release all of the information requested. Please find attached summarised data. This letter serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) for the parts of the document that have not been released.

REASONS FOR DECISION

The Freedom of Information Act places two responsibilities on public authorities, the first of which is to confirm what information it holds and secondly to then disclose that information, unless exemptions apply.

In this case, while most of the requested information has been supplied, some of the data has been presented in a summarized format by virtue of section 40 (2) (Personal data) of the Freedom of Information Act.

This exemption and explanatory notes is shown here:

http://www.west-midlands.police.uk/docs/advice-centre/foi/exemptions.pdf

To release the amount paid in each category, when there has only been one case, would reveal the amount paid in that case.  This amount constitutes the personal data of the person receiving the payment.

Section 40 is an absolute and class based exemption if to provide the information would breach the third party’s data protection rights.  In this case, to provide the data would not constitute fair processing of the data and therefore would breach the first of the principles within the Data Protection Act 1998. As this exemption is class based I am not required to identify the harm in disclosure and in this instance I believe that the right to privacy outweighs any public interest in release.

Please find attached the requested data in summarized form.

Attachments

5179_attachment_01

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