Crime and Incident Reporting (369A/23)
Request
This is a FOIA for the following information. Please provide separate answers to the following 8 questions in respect of Crime & Incident Reporting:
- What explanatory guidance has been provided to your police force on the information you should record in the ‘gender/sex’ category? As examples, this might include guidance documents provided by: College of Policing, Home Office, ONS, or any other official body. Please provide me with a copy of the guidance document(s) in use.
- In the gender/sex category does your police force record a victim’s or suspect’s “natal sex” (their biological sex observed at birth), their “legal sex” (the sex on their birth certificate), or their “self-declared gender or gender identity”?
- If a male-born person self-identifies as female will this be recorded by you as female or male?
- If a male-born person self-identifies as non-binary will this be recorded by you as female or male or something else?
- If someone is transgender (identifies as a different gender to the sex assigned at birth) and has obtained a Gender Recognition Certificate is this recorded by you separately?
- If someone is transgender (identifies as a different gender to the sex observed at birth) but has not obtained a Gender Recognition Certificate is this recorded by you separately?
- If a male-born person identifies as female, has obtained a Gender Recognition Certificate and is arrested for/charged with the crime of rape will you record the gender/sex of the suspect/perpetrator as male or female? Will transgender status also be recorded?
- If a male-born person identifies as female, has not obtained a Gender Recognition Certificate and is arrested for/charged with the crime of rape will you record the gender/sex of the suspect/perpetrator as male or female? Will transgender status also be recorded?
Additionally, please answer the following:
- The College of Policing requirements for Information Management specify that each UK police force must have an Information Management Strategy (IMS): https://www.app.college.police.uk/app-content/information-management/management-of-police-information/common-process/#-common-process-at-force-level As you will know, the IMS should be made available to partners and the public, and I would therefore ask you to please provide me with a copy of your local police force IMS.
Response
In relation to questions 1 & 9, we can confirm that relevant information is held by West Midlands Police. However, while the majority of the information is attached to this email, I am not required to release all of the information requested. Please find attached the relevant documents.
In relation to questions 2 – 8, please be advised that the Freedom of Information Act applies to recorded information only. The Act does not require the Department to provide opinions or explanations, generate answers to questions, or create or obtain information it does not hold, unless those opinions or comments are already recorded. However, in order to assist and outside of the Act, we have provided answers to your questions. Please find this attached (369A_Attachment).
REASONS FOR DECISION
The redacted information is exempt by virtue of the following exemptions:
Section 30(1) – Investigations and proceedings
Section 40(2) – 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 attached (369A_PIT).
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
Transgender Victim CR Enq 54 2013-14 369A_Attachment 369A_PIT IMS