Public Compensation (4644_14)

Request

Under the FoI Act 2000 I would like to request a breakdown into years of all compensation paid to members of the public by your police service between 2008 to the date this request is fulfilled. I would also like to know what the compensation was paid out for in each case and how much was paid out in each case.

Response

We can confirm that the information is held by West Midlands Police. However, while some of the information is provided in summary below, I am afraid that I am not required by statute to release all of the information requested. Please find attached a redacted document. 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

Section 17 of the Freedom of Information Act places two duties on public authorities.  Unless exemptions apply, the first duty at s1(1)(a) is to confirm or deny whether the information specified in a request is held.  The second duty at s1(1)(b) is to disclose information that has been confirmed as being held.  Where exemptions are relied upon section 17 of the Act requires that we provide the applicant with a notice which: a) states that fact b) specifies the exemption(s) in question and c) states (if that would not otherwise be apparent) why the exemption applies.
In accordance with the Act, this letter represents a Refusal Notice for the breakdown of individual compensation amounts and the details of each individual case. This information is exempt by virtue of the following exemptions

Section 40 (2) Personal Data
Section 41 (1) Information provided in confidence

These exemptions and explanatory notes are shown here:

http://www.west-midlands.police.uk/foi/publication-scheme/lists-registers/disclosure-log/exemptions.asp

Both Section 40 (2) and Section 41 (1) are absolute and class based exemptions 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 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

The following table provides the total number of claims where damages and injury payments have been made from 01 January 2008 to 31 December 2013

Year

Number of Claims Paid

Total Damages (£) Total Injury (£)
2008

59

195,646

4,600

2009

62

243,163

7,932

2010

55

91,511

11,700

2011

69

187,649

18,366

2012

52

112,102

4,500

2013

20

43,034

0

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