Copies of various MPS SOPs

Freedom of information request reference no: 01.FOI.22.023434

I note you seek access to the following information:

I am just following up on this FOI request (ref: 01/FOI/21/019606). In your email you state that all the internal procedures relating to:

1. Domestic abuse
2. Stalking and harassment
3. Rape and sexual violence
4. Victims right to review are being updated. I was just wondering if they had been updated or if the review process was still ongoing?

If the review process has been completed, can you please send me the updated internal procedures.

Decision

I have today decided to disclose some of the requested information. Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:

Section 22(1) - Information intended for future publication
Section 31(1) - Law Enforcement
Section 40(2) - Personal Information

Reason for decision

Before I explain the reasons for the decisions I have made in relation to your request, I thought that it would be helpful if I outline the parameters set out by the Act within which a request for information can be answered. The Act creates a statutory right of access to information held by public authorities. A public authority in receipt of a request must, if permitted, confirm if the requested information is held by that public authority and, if so, then communicate that information to the applicant.

I have applied Section 31 and Section 40 to questions 1, 2 and 3 as the requested information contains tactical operational information and names of the content owner and content editor. The document also contains contact email addresses and telephone numbers for MPS internal units. These have been redacted.

Section 22(1)(a)(b)(c) - Information intended for future publication - the information is held by the public authority with a view to its publication, by the authority or any other person, at some future date (whether determined or not),
Early disclosure of the Harassment and stalking Policy may lead to additional public funds needing to be spent to disclose information already intended for future publication.

The strongest reason favouring non-disclosure is the need to ensure disclosure does not lead to inaccurate information being disclosed or an unnecessary increase in public funds needing to be spent to comply with this request in full when the information is already intended for future publication.

Section 31(1)(a)(b) Law Enforcement - is engaged in this case as disclosure under the Act would, or would be likely to, prejudice the prevention and detection of crimes and the apprehension or prosecution of offenders.

Release would have the effect of compromising law enforcement tactics and strategies and would also hinder any future investigations or review investigations into similar matters.

Disclosure would technically be releasing sensitive operational information into the public domain which would enable those with the time, capacity and inclination to try and map strategies and tactics used by police forces.

Release would have the effect of compromising law enforcement processes and would also hinder the ability of the MPS to fulfil its primary aim of enforcing the law and protecting the public. Any intelligence contained within documents is in use by Officers any release of tactical information could harm our ability to conduct that assessment and reduce our ability to conduct future investigations.
Disclosure would technically be releasing information into the public domain which would enable those with the capacity and inclination to try and use the information to commit crime or evade justice.

By disclosing all the requested information, the criminal fraternity would be likely to use this information to try and circumvent police law enforcement capabilities and tactics.

It is inevitably harmful to provide the criminal fraternity with current intelligence of the MPS. Law enforcement measures would be rendered less effective should the MPS confirm or deny whether any additional information is held.

To provide all the requested information may compromise potential ongoing or future operations and or prosecutions, the consequence of which would hinder the prevention and/or detection of crime. It therefore remains the case that any information identifying the focus of policing activity could be used to the advantage of criminals. Likewise, providing all the additional information provides intelligence that can be used by criminals to undermine the operational integrity of policing that would be likely to adversely affect public safety and have a negative impact on the ability of the MPS to protect the public and uphold the law.

There is no doubt that addition information could lead to an increase in crime based on criminals understanding of our capabilities. Such an effect would in turn impact on MPS resources and detract officers and staff from its role in law enforcement.

Section 40(2)(3)&(4) – Personal Information - The right of access to information is not without exception and is subject to a number of exemptions which are designed to enable public authorities to withhold information that is not suitable for release. Importantly, the Act is designed to place information into the public domain, that is, once access to information is granted to one person under the Act, it is then considered public information and must be communicated to any individual should a request be received.

Details of an investigation could cause an individual to be identified and is therefore exempted in this case. Section 3 of the Data Protection Act 2018 confirms that information which relates to an identified or identifiable living individual is Personal Data.

The Freedom of Information Act provides an exemption for Personal Data and this is known as the section 40 exemption.
Some of the information sought under your Freedom of Information request includes the following which we consider to be Personal Data

• Names within the data, that could, if disclosed, identify an individual.

Where the request is seeking access to third party personal data the section 40(2) exemption may be engaged.

In order to apply the Section 40(2) exemption the disclosure of the requested information must satisfy either the first, second or third conditions as defined by subsections 3A, 3B and 4A of the Freedom of Information Act 2000 (as amended by Section 58 of the Data Protection Act 2018).

The first condition ensures that the exemption would apply in circumstances where the disclosure of the information would breach any of the Data Protection Act 2018 principles.

There are six Data Protection principles set out in the 2018 act and these can be found at section 34.

In this instance I have decided that the disclosure of the Personal Data would be incompatible with the first Data Protection principle which states that the processing (in this case the disclosure) of the data must be both lawful and fair.

When this exemption is applied, it is accepted that harm would result from disclosure.

It should not be surmised that we are applying Sections 31 & 40 to the same pieces of information.

Disclosure

Q1 - Domestic abuse

Please find attached internal procedures for DA (Domestic Abuse) policy titled ‘Domestic Abuse Policy’ Redacted. The MPS uses the College of Policing APP as its primary resource. Please see the link below.
https://www.app.college.police.uk/app-content/major-investigation-and-public-protection/domestic-abuse/

Q2 - Stalking and harassment

The information you have requested is exempt from disclosure by virtue of Section 22(1)(a)(Information Intended for future publication).

The file titled Harassment and stalking policy you have requested is intended for future publication after a review of the current policy has taken place.

Q3 - Rape and sexual violence

Please see the link below.
Domestic Abuse- Rape Sexual Offences Updated Guidance

Q4 - Victims right to review are being updated. I was just wondering if they had been updated or if the review process was still ongoing?

With regards to Q4 VRR - We follow the NPCC National Guidance.

When an application is received this will be reviewed by the BCU who investigated the matter. The BCU will make sure the criteria is met under NPCC Guidelines and communicate back to the applicant accordingly. This was agreed at Supt level and allows the BCU to review the application in relation to an investigation they manage.