Retired while under investigation (12130_18)

 Request

  1. The number of police officers, PCSOs or civilian staff in your police force who have resigned or retired while under investigation for misconduct, from 15 Dec 2017 to 14 July 2018 (inclusive)

And for each case:

  1. A brief description of the alleged misconduct (that gives no personal details e.g. assault against civilian in custody)
  2. If applicable, the alleged offence(s)
  3. The misconduct outcome (if case ongoing, please state that)
  4. If applicable, the criminal outcome
  5. Whether the employee was put on the Police Barred List
  6. Whether the employee was put on the Police Advisory List
  7. Whether the employee is still on the Police Advisory List and if not, please include whether this is because they were moved to the Police Barred List or were removed altogether

Response

Please find attached our 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 a redacted attachment.

REASONS FOR DECISION

The redacted information is exempt by virtue of the following exemptions

Section 30 (1) – Investigations and Proceedings conducted by a Public Authority

Section 40 (2) – Personal data

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

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 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.

In addition to the above exemptions, West Midlands Police will neither confirm nor deny the existence of any ongoing investigations by virtue of

S30 (3) – Investigations and Proceedings

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

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

Attachments

12130_Public Interest Test

12130_ATTACHMENT_

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