Domestic Homicides (5288/16)

Request

1. How many domestic homicides has your force dealt with each year since 2011 ¿ to-date? Please break down these figures by year and the number of police charges?

2. For each year how many of these persons (the ones convicted of killing) had any kind of prior criminal record ranging from low level crime to more serious acts of violence, cautions to imprisonment etc.?

Response

We can confirm that some relevant information is held by West Midlands Police. 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. This letter serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) for the information that has 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.

Regarding question 2, West Midlands Police will neither confirm nor deny the existence of any information that is not already in the public domain by virtue of Section 40 (5) Personal Data.

This exemption and explanatory notes is shown here:

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

Section 40 (5) is an absolute and class based exemption if to confirm or deny that the information exists would breach the third party’s data protection rights. In this case to confirm or deny the existence of personal information 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.

No inference can be taken from this refusal that the information you have requested does or does not exist.

Attachments

5288_ATTACHMENT

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