Under the Freedom of Information Act, I seek the following information:
1.The number of reports of “upskirting” for each of the financial years 2016-17, 2017-18 and 2018-19
2.The date and any details held on the victim or perpetrator such as age or ethnicity involving prosecutions under the upskirting law, and whether it led to a conviction
Please be advised that the information that you have requested is not available in a readily retrievable format. In relation prosecution / conviction information.
The cost of compliance with the whole of your request is above the amount to which we are legally required to respond, i.e. the cost of locating and retrieving the information would exceed the appropriate costs limit under section 12(1) of the FOI Act 2000. For West Midlands Police, the appropriate limit is set at £450, as prescribed by the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004, S.I. 3244.
Therefore the cost of providing you with the information is above the amount to which we are legally required to respond i.e. the cost of locating and retrieving the information exceeds the ‘appropriate level’ as stated in the Freedom of Information (Fees and Appropriate Limit) Regulations 2004.
In accordance with the Freedom of Information Act 2000, this letter acts as a Refusal Notice for this part of the request and if one part of a request exceeds the fees limit then S12 of the Act applies to the whole request
However, In accordance with Section 16 of the Act I have a duty to provide advice and assistance in relation to your request and can provide the information requested for questions 1 and part of question 2 where we have provided all outcomes, as this was retrieved during our initial research. This should not be taken as a precedent that additional information would be supplied outside of the time/fees legislation for any subsequent requests
Further information on section 12 of FOI is available here: