Spit Hoods (10418_16)

Request

  1. Extracts from minutes of all meetings where the issue of spit hoods was discussed.

 

  1. Risk assessment Form (Assessment Subject/Area: Assault to Police officers and police staff with a third parties Saliva).

 

  1. The response from your Learning and Development department, with regard to training provided to officers to mitigate the risk of spitting.

Response

I can confirm that this 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 email serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) for the parts of the documents 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, this email represents a Refusal Notice for the two redacted names, contained within the attached Health & Safety and Uniform & Equipment minute extracts. The information is exempt by virtue of the following exemption:

 

Section 40(2) (Personal Information)

 

This exemption 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.

Attachments

SPIT HOODS – H&S MINUTES SUMMARY

SPIT HOODS – U&E MINUTES SUMMARY

SPIT HOODS RISK ASSESSMENT V3

10418_attachment_01

SPIT HOODS – CJS H&S MINUTES SUMMARY

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