Misconduct Allegations (527A/20)

Request

In the years calendar 2019 and between 1.1.2020 and 22.7.2020

How many internal allegations have been made against police officers or police staff where it is alleged that they

Failed to report, challenge or take action against the conduct of colleagues which had fallen below the standards of professional behaviour

For the first 5 complaints of each year (if any) please provide details of the complaint

To avoid falling into exemptions I am happy to have names ages and other identifying personal information to be redacted

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 to release all of the information requested. Please find attached.

REASONS FOR DECISION

The withheld information is exempt by virtue of the following exemptions

Section 31(1)(g)(2)(b)  – Law enforcement

Section 40(2) – Personal Information

These exemptions and explanatory notes are shown here:

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

In line with the above, I am required to complete a Prejudice Test/Public Interest Test (PIT) on disclosure. Please find this PIT attached [527A_PIT_01].

Section 40(2) is an absolute and class based exemption if to release the information exists would breach the third party’s data protection rights.  In this case to release this personal information would not constitute fair processing of the data. 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.

Attachments

527A_ATTACHMENT_01 527A_PIT_01

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