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Misconduct (619A/23)

Request

  1. In the last five years how many West Midlands Police officers have been investigated by West Midlands Police following allegations of sexual offences such as sexual assault or rape? Can these be broken down into years and offence?
  2. How many West Midlands Police officers are currently under investigation following allegations of sexual offences such as sexual assault or rape? Can these be broken down into years and offence?
    3A) How many West Midlands Police officers are currently on restricted duties due to investigation by West Midlands Police following allegations of sexual offences such as sexual assault or rape?
    3B) How long have these officers been on restricted duties following allegations of sexual offences such as sexual assault or rape? Can these be broken down into times or longest time on restricted.
    4. In the last five years, how many West Midlands Police Officers have left West Midlands Police through resignation or retirement following allegations of sexual offences such as sexual assault or rape? Can these be broken down into years?
    5. In the last five years, how many West Midlands Police officers have been investigated by West Midlands Police following allegations of misconduct or criminal activity? Can these be broken down into years?
    6. How many West Midlands Police officers are currently being investigated by West Midlands Police following allegations of misconduct or criminal activity?

Response

Please find attached our response (619A_Attachment).

In addition to the attached response, West Midlands Police can neither confirm nor deny that it holds any other information relevant to questions 2 and 6 as the duty in Section 1(1)(a) of the Freedom of Information Act 2000 does not apply by virtue of the following exemptions:

Section 23(5) – Information supplied by, or concerning, certain Security Bodies

Section 30(3) – Investigations and proceedings

Section 31(3) – Law enforcement

Section 40(5) – Personal information

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

Section 23 is a class-based absolute exemption and there is no requirement to consider the public interest in this case. Confirming or denying whether any information is held would contravene the constrictions laid out within Section 23 of the Freedom of Information Act 2000 in that this stipulates a generic bar on disclosure of any information supplied by, or concerning, certain Security Bodies.

When citing Section 40(5), there is a requirement to consider whether disclosure would be fair.  In this case release would not be fair and therefore Section 40(5) is classed as absolute and there is no requirement to consider the public interest.

In line with sections 30 and 31 above, I am required to complete a Prejudice Test/Public Interest Test (PIT) on disclosure. Please find this PIT attached (619A_PIT).

No inference can be taken from this refusal that any further information relevant to your request does or does not exist.

In addition to the attached response, please be advised that we want our officers to uphold the highest of standards so the public has the utmost confidence in them.

Sexual harassment and abuse are simply unacceptable but when it is done by a police officer – who holds a position of power and someone the public should trust – it must be rooted out and eliminated.

We must do everything we can to maintain public confidence and trust in policing.

This will provide reassurance to the public that we mean it when we say we’ll do all we can to preserve and rebuild trust.

Attachments

619A_Attachment

619A_PIT