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Catch Corupt hotline (163A/23)



Your request for information has now been considered and I am not obliged to supply the information you have requested.


In accordance with the Act, this letter represents a Refusal Notice for this particular request.  West Midlands Police can neither confirm nor deny that it holds the information you requested as the duty in s1(1)(a) of the Freedom of Information Act 2000 does not apply, by virtue of the following exemptions:


S30(3) Investigations;

S31(3) Law Enforcement;

S38(2) Health and Safety

S40(5) Personal Information



These exemptions and explanatory notes are shown here:


In line with the above, I am required to complete a Prejudice Test/Public Interest Test (PIT) on disclosure. Please find this PIT below on this email. The PIT is in relation to:


S30(3) Investigations

S31(3) Law Enforcement

S38(2) Health and Safety


In relation S40 (5):


Section 40 (5A) is an absolute and class-based exemption which means that there is no need to undertake a public interest test.


To explain further, to confirm or deny that we hold information in relation to a third party under the Freedom of Information legislation would in itself place such information into the public domain and would therefore be in breach of the Data Protection principles. However, this explanation should not be taken as indicative or conclusive evidence that the information you have requested does or does not exist.


Public Interest Test:

Evidence of Harm:

Domestic abuse affects people from all walks of life in many different ways and can include coercive behaviour, physical and sexual abuse. This is a very emotive subject and the Police Service strive to deal with all aspects of it which includes dealing with police officers who commit this type of offending. The College of Policing publish their Authorised Professional Practice on Domestic Abuse which provides guidance to the Police Service when dealing with this offending. Furthermore, some police forces publish their force policy on how Domestic Abuse affects police officers and police staff, which includes a section where the perpetrators of domestic abuse are police officers/staff members and what will happen in that instance.

Should an officer who is currently being investigated for allegations of domestic abuse, or any other allegations of offending, such as misconduct or potentially criminal proceedings, it would likely ensue that in some cases formal charges may be made. However, we also need to consider that not all allegations are proven and may not lead to a formal charge. To confirm or deny that information is held would highlight that officers are or are not currently subject to an investigation into offences of domestic abuse, sexual offending, abusive behaviour, etc. Such an awareness would also highlight to suspects that their victims have either reported their offending to West Midlands Police or not which either way could lead to further offending against their victims causing physical and/or emotional trauma.

Irrespective of whether information is or isn’t held, ongoing investigations would also be compromised if the offender were made aware an investigation into their behaviour is ongoing which would enable steps to be taken by them to destroy evidence, or put more pressure on their victims through coercive abuse to ensure their allegations are dropped.

Public interest Considerations:


Section 30 – Factors favouring complying with section 1(1)(a) confirming or denying information is held

Confirming or denying whether information exists relevant to this request would lead to a better-informed general public by identifying that West Midlands Police robustly investigate all aspects of criminal offending, including allegations made against their own officers and staff members. This fact alone may encourage individuals to provide intelligence in order to assist with investigations and promote public trust in providing transparency and demonstrating openness and accountability into where the police are currently focusing their investigations.

Factors against complying with Section 1(1)(a)

Confirmation or denial that information is held for the questions would suggest (force name) take their responsibility to appropriately handle and manage intelligence supplied to them flippantly.

Under FOI there is a requirement to comply with s1(1)(a) and confirm what information is held. In some cases, it is that confirmation, or not, which could disclose facts which would undermine the investigative process and, in such cases, West Midlands Police takes advantage of its ability under FOI legislation to, where appropriate, neither confirm nor deny that information is or is not held.

Irrespective of what information is or isn’t held, any information which could be used to undermine prosecutions, or aid offenders to continue with their abuse, is not in the public interest.


Section 31 – Factors favouring complying with section 1(1)(a) confirming or denying information is held

Disclosure would provide transparency in the way police officers are dealt with when suspected of carrying out criminal offending such as domestic/sexual abuse offences and may improve public debate into the credibility of how West Midlands Police deals with these allegations within the force. It would also serve to demonstrate that West Midlands Police is open and accountable.


Factors favouring not complying with section 1 (1)(a) confirming or denying information is held:

To confirm or deny that information is held would risk undermining the investigative process whilst determining whether any member of staff is responsible for improper conduct; including whether or not an allegation of this nature leading to police intervention was proportionate under the circumstances.

West Midlands Police has a duty of care to the community at large and public safety is of paramount importance. If a FOI disclosure revealed information to the world (by citing an exemption or stating no information held) that would undermine an investigation and place the safety of an individual at risk, this could be used to offenders’ advantage which would compromise any potential victims and public safety generally. It may also encourage offenders to carry out further crimes as detailed within the harm.


West Midlands Police relies on information being supplied by the public. Irrespective of what information is or isn’t held in relation to the questions, by applying substantive exemptions would indicate that information is held and there are currently ongoing investigations. Such action would act as a deterrent to the public to provide intelligence to the force which would further undermine public safety, with repercussions that could hinder the prevention or detection of crime.

Section 38(2) Health and Safety

Factors favouring complying with s1(1)(a) confirming information is held

Confirmation of whether information is or isn’t held would provide reassurance to the general public that West Midlands Police take all allegations seriously. This awareness could be used to improve any public consultations/debates in relation to this subject and also allow the public to take steps to protect themselves.


Factors against complying with s1(1)(a) confirming or denying that information is held

Confirming or denying that information exists could lead to the loss of public confidence in West Midlands Police ability to protect the wellbeing of the community.

West Midlands Police has a duty of care towards the general public per se and to reveal information via a FOI request which would place the safety of individuals in danger, is not in the public interest.


Balancing Test

The points above highlight the merits of confirming, or denying, whether any information pertinent to the questions exists. The Police Service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve. As part of that policing purpose, various operations may or may not be ongoing. The Police Service will never divulge whether or not information pertinent to the question does or does not exist, if to do so would place the safety of an individual(s) at risk, compromise an ongoing investigation or undermine the policing purpose in the effective delivery of operational law enforcement.

Whilst there is a public interest in the transparency of policing operations and investigations particularly in relation to West Midlands Police own police officers, providing reassurance that the Police Service is appropriately and effectively investigating current allegations of offending against West Midlands Police officers, there is a very strong public interest in safeguarding the health and safety of individuals. As much as there is a public interest in knowing that policing activity into allegations against its own police officers is appropriate and balanced it will only be overridden in exceptional circumstances.

Therefore, at this moment in time, it is our opinion that for these issues the balance test for confirming, nor denying that information is held for the questions is appropriate.

No inference can be taken from this refusal that information does or does not exist.



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