SE BCU force structure

Freedom of information request reference no: 01.FOI.22.025286

I note you seek access to the following information:

I would like to request the current organisational structure for each unit within the South East BCU ("SE").

Specifically, I request a description containing the following, for all permanent units(currently in place and having been in place or planned to be in place for longer than 3 months).:

- Descriptions of responsibilities of each unit within frontline policing.("The SE ERPT is responsible for responding to incidents within the BCU area")

- Makeup and structure of each unit within frontline policing. ("and consists of N constables, Y sergeants,

- Officer responsible for commanding the unit. ("Commanded by superintendent Z"). Identified by name if at or above the rank of inspector, or by badge number(or other permanent non personal identifier).

- Any permanent sub units within it, applied recursively.

It is likely that the easiest way to do this is by returning a current organisation chart.

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 40(2)(3A)(a) – Personal Information
Section 31(1)(a) Law Enforcement

Reason for decision

Other than the name of the Superintendent in each unit, remaining names have been exempt by virtue of the following exemption;

Section 31(1)(a) - Law Enforcement - Information which is not exempt information by virtue of section 30 is exempt information if its disclosure under this Act would, or would be likely to, prejudice
(a)the prevention or detection of crime,

To disclose operational information contained in the attached document 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 tactics and strategies used by the MPS.

This risk is increased should a member of the public ask for the same information across the entire MPS. This would enable an individual to map operations to named individuals and units and enable those with criminal intent and intention to frustrate and undermine the work and finite resources within the MPS at local levels.

The MPS would not release information that would compromise its ability to detect and investigate crimes and/or encourage or facilitate crime. This would give those with intent a greater understanding of the MPS’ methods and techniques, enabling offenders to take steps to counter them, particularly at a local level. It may also suggest the limitations of police capabilities in this area, which may further encourage criminal activity by exposing potential vulnerabilities.

Redacted Operation names, resource sensitive information and numbers in specific individual teams in the Organisational Chart relate to law enforcement and keeping the public safe. We believe that providing any further information other than that disclosed today would compromise law enforcement which would hinder the prevention and detection of crime. This would result in more risk to the public if used as intelligence and consequently require the use of more police resources to counter any disruption. To provide information on tactical resources and organisation that the MPS utilises in its operations would not be in the public interest as this would be providing valuable intelligence to criminals.

Having considered your request, I accept that there is a public interest in transparency when any request is made for police information. The public interest favouring release must be balanced against any associated risk and/or prejudice that would be caused by disclosure.

Given this and the fact that the removal of this information does not detract from the quality of the information being disclosed, I have found that the release of this information is not in the public interest. I have accordingly refused to release all of the information contained in the attached document in response to your request for information.

Section 40(2)(3A)(a) – Personal Information - The requested documents contain personal information which we have redacted. We believe that the public release of this information would provide persons intent on disrupting the work of the MPS with information that would assist them to do so. In this regard, a person with this intent would be likely to use this information to make inappropriate contact with these areas of the MPS which would impede upon the resources of these members of staff and cause disruption to the work of the MPS.

The provision to refuse access to information under Section 40(2)(a)(b) and (3A)(a) of the Act is both absolute and class based. When this exemption is claimed, it is accepted that harm would result from disclosure. There is accordingly no requirement to demonstrate what that harm may be in refusing access to information.

Section 40(2)(a)(b) of the Act provides that any information to which a request for information relates, is exempt information if the first condition of Section 40(3A)(a) is satisfied. The first condition of Section 40(3A)(a) states that personal information is exempt if its disclosure would contravene any of the data protection principles. If the disclosure of the requested personal data would not contravene the data protection principles, the disclosure must also not contravene Sections 3A(b) and 3B of the Act.

There are six principles that are set out in Article 5(1)(a) of the General Data Protection Regulations (UK GDPR) that dictate when the processing of personal data is lawful. The first principle requires that any processing of personal data must be lawful, fair and transparent. Under Article 6(1)(f) of the UK GDPR, the disclosure of personal data is considered to be lawful if:

a. There is a legitimate interest in the disclosure of that personal data.
b. The disclosure of the personal data is necessary to meet that legitimate interest.
c. The disclosure would not cause unwarranted harm to the data subject.

Whilst some individual members of the public may feel there is to some degree a legitimate interest in the disclosure of the redacted personal information, there is not an overwhelming legitimate interest in the full disclosure. This is especially so considering the fact that the names of Superintendents names are today disclosed in the Organisation Chart to demonstrate accountability and transparency. The rationale for non-disclosure of all staff names is therefore based on the fact there is little necessity to disclose all names to meet a legitimate interest and that disclosure would cause unwarranted harm in its disclosure.

Whilst there is an inherent legitimate interest in making information available upon request, disclosure is not necessary to satisfy the legitimate interest in disclosure and may cause unwarranted harm to one or more data subjects. Consequently, it would be disproportionate to disclose the redacted information.

The names of Operations, resource sensitive information and numbers in specific individual teams within the Organisational Chart have been removed by virtue of the following exemption;

• Section 31(1)(a) Law Enforcement

The exemptions above apply to redactions made in the attached documents.

A Freedom of Information Act request is not a private transaction. Both the request itself, and any information disclosed, are considered suitable for open publication. This is because, under Freedom of Information, any information disclosed is released into the wider public domain, effectively to the world and not just to one individual.

Section 40 is an absolute and class-based exemption and if a request for information relates to third parties, it is absolute under Section 40(2) if disclosure would breach any of the data protection principles. There is therefore no requirement to either evidence harm in disclosure or conduct a public interest test.

Disclosure

Please find attached the Organisational Chart to answer this FOIA request.

Please also find a link to the MPS Workforce Data Reports in the Statistics and Data page of our website. This provides information in regards to Police Officer/ Staff/ PCSO/ MSC strength by OCU, which may be of interest to you.