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Rest Days (10662/19)


Can you please tell, under the terms of the Freedom of Information Act, for the current Financial Year to date:-

  1. a) The total number of cancelled Rest Days that are owed to your officers not already taken
  2. b) The total number of hours overtime incurred by your officers and not already taken in lieu?


Our data are not organised in such a way as to allow us to provide this information within the appropriate (cost) limit within the Freedom of Information (FOI) Act (see ‘Reason for Decision’ below).

Although excess cost removes the force’s obligations under the Freedom of Information Act, as a gesture of goodwill I have supplied information, relative to your request, retrieved before it was realised that the fees limit would be exceeded (see attached).  I trust this is helpful, but it does not affect our legal right to rely on the fees regulations for the remainder of the request.


Please note that researching each individual case would exceed the appropriate limit (FOIA, s.12).  Unfortunately the relevant database does not have a report that will total the amount of time off in lieu accrued this financial year. Therefore it would require a manual review of each individual Police Constable and Police Sergeants Time off in Lieu accounts to deduct what they have accrued this year, against TOIL earned previously. Please note: Police Constables and Police Sergeants are the only officers eligible to earn TOIL.  There are currently in excess of 6500 Police Constables and Sergeants across the force. Therefore, to provide a reply to question 2 would far exceed the FOI time limit.

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.

Further information on section 12 of FOI is available here: