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Cancelled Crimes (469A/21)

Request

This is a request for information under the Freedom of Information Act (2000). I would like to be provided with the following information relating to cancelled crime, formerly ‘no-crimes’, as defined in Police Recorded Crime and Outcomes User Guide, p. 19. Please note that there are two parts to my request.

1) From March 2017 to September 2020, please provide me with detailed case files for cancelled crime reports related to the offence sub-group ‘rape’.

2) If it does not push this request over the cost limit, and you have easily accessible data relating to this request, from March 2017 to September 2020, please provide me with detailed case files for cancelled crime reports related to ‘historic sexual abuse’ crime.

CLARIFICATION

I’d be grateful if I could withdraw part two of my request. I’m cautious of pushing this over the cost limit and I don’t want to waste your time.

Response

We can confirm that some relevant information is held by West Midlands Police. However, while some of the information is attached to this email I am afraid that I am not required to release all of the information requested. Please see attached details of the number of cancelled crime reports in relation to the requested information.

REASONS FOR DECISION

The withheld information is exempt by virtue of the following exemptions:

S40(2) – Personal Data

S30(1)(a) – Investigations and Proceedings

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 [469A_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

469A_ATTACHMENT_01 469A_PIT_01