Abuse of position for sexual purpose from 2019 to 2021
Freedom of information request reference no: 01.FOI.22.022573
I note you seek access to the following information:
Abuse of Position for a Sexual Purpose 2019-2021.
Her Majesty's Inspectorate of Constabulary, Fire & Rescue Services (2019) states that forces can increase public trust and confidence in policing through open and honest reporting. Publishing the circumstances of cases where staff and officers have been dismissed for Abuse of Position for a Sexual Purpose sends a clear message that victims will be supported if they come forward. It raises awareness of this type of corruption and shows that the force is taking a robust stance.
As such, please provide the following information:
1. The total number of reports of Abuse of Position for a Sexual Purpose submitted to your force between 01/01/2019 and 31/12/2021 inclusive.
2. The number of reports of Abuse of Position for a Sexual Purpose submitted to your force between 01/01/2019 and 31/12/2021 inclusive that were made by members of the public.
3. The number of reports of Abuse of Position for a Sexual Purpose submitted to your force between 01/01/2019 and 31/12/2021 inclusive that were made by police officers and staff.
4. All misconduct hearing outcomes for your force for the period 01/01/2019 to 31/12/2021 inclusive.
5. The number of police officers and staff employed by your force who were dismissed for Abuse of Position for a Sexual Purpose between 01/01/2019 and 31/12/2021 inclusive, and the circumstances of these cases.
6. Whether your force's policy on Abuse of Position for a Sexual Purpose has been revised following the sentencing of former police officer Wayne Couzens.
7. A copy of your force's current Abuse of Position for a Sexual Purpose policy.
8. A copy of your force's Notifiable Associations policy.
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 21(1) – Information accessible by other means
Reason for decision
I can advise that some of this information has been identified as being accessible via other means as it is already published. Where information is already in the public domain we are not required to re-publish the data; instead public authorities are required to direct you to the information, which we have done in this instance. This action is in accordance with section 21(1) of the Freedom of Information Act 2000.
Disclosure
In regards to questions 1 to 5 - please see the attached spreadsheet. It is important that the Notes page is read to ensure the correct interpretation of the data provided.
In regards to questions 6 to 8 - please see the responses below:
Q6 - Whether your force's policy on Abuse of Position for a Sexual Purpose has been revised following the sentencing of former police officer Wayne Couzens.
Following the tragic murder of Sarah Everard, the MPS has made a number of substantial and necessary commitments to building the public’s trust. Further reference to this and other measures being conducted can be found by way of the link below:
Q7 - A copy of your force's current Abuse of Position for a Sexual Purpose policy.
I can advise that the relevant MPS policy follows the Authorised Professional Practice (APP) which is developed and owned by the College of Policing (the professional body for policing). This information is readily accessible by way of the following link:
College of Policing - Guidance on Professional Boundaries.pdf
Q8 - A copy of your force's Notifiable Associations policy.
Please see below the MPS declarable association policy:
Members of MPS staff are expected to report any association with an individual, group or organisation that might pose a:
• Risk to the public;
• Risk to the reputation of the MPS;
• Risk to themselves or colleagues.
Factors to be considered include; how would a third party view the relationship? Does the relationship compromise my professionalism? Is there any unnecessary or unwarranted pressure being or likely to be put on me to compromise my professionalism? Is there a risk any of these may take place? For further advice contact either your Professional Standards Champion or the Integrity Assurance Unit.
There can be no absolute directives with regards what constitutes an association that should be declared. The National Policing Improvement Agency (NPIA) sets guidance for police forces in relation to police recruitment; it states that forces should not recruit those with convictions or cautions which may call into question the integrity of the individual or the police service. Whilst this SOP goes further than the NPIA guidance each case should be dealt with on its own merits. Following a declaration all personal data collected is subject to the Data Protection Act, and will only be used, shared and retained as far as is necessary to achieve the objectives of this SOP.
A member of the MPS must always notify an association with a person, group or organisation where they know, consider or suspect that the association falls into any of the following categories:
• Persons with convictions (whilst traffic offences are not to be considered, death by dangerous driving is included)
• Persons charged with a criminal offence
• Persons on police bail but not yet charged with a criminal offence
• Persons subject of criminal intelligence or subject of an interest marker
• Persons who have been dismissed or required to resign from a police service or other law enforcement agency
• Persons including former police officers who are working in related fields of employment i.e. private investigation, the security sector.
N.B. Proposed non-duty prison visits should always be immediately reported.
Under no circumstance should any staff member research MPS systems to establish criminal intelligence or conviction history in relation to associates, to establish whether they should report the association. To do so may contravene the Computer Misuse Act, Data Protection Act or similar offences. Seek the advice of a line manager if you have any doubt.
This SOP suggests that an 'association' would be more than merely passing or casual. However, even in these circumstances if the profile of the associate risks the integrity of the individual or the reputation of the MPS the individual should be encouraged to declare it.
Federation Representatives who have an association with an officer whilst fulfilling their role i.e. representing them at Misconduct proceedings including appeals do not have to declare the association. If the relationship goes beyond the role, for example, maintaining social contact with an ex-officer following a dismissed appeal then the association should be reported