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Freedom of information request reference no: 01.FOI.21.022263
I note you seek access to the following information:
Can you please tell me, under FOI, how many Metropolitan Officers were on duty at 10 Downing Street on the day and evening of 18.12.20 (and indeed into the early hours of 19.12.20). I am not asking for any personal information whatsoever but just the number of officers/personnel.
Can you also tell me if there were any complaints raised by any serving officer regarding any illegal gathering of people at said address? Again, I do not wish any personal information, just the information if any complaints were registered and if so, how many.
Lastly, can you please tell me how many complaints you have received to date regarding this alleged breaking of the C19 laws at 10 Downing Street over illegal gatherings?
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 24(1) – National Security
Section 30(1)(a) - Investigations and proceedings conducted by public authorities
Section 31(1)(a) – Law Enforcement
Reason for decision
The MPS can confirm that it does maintain a permanent police presence at Downing Street. However, to disclose details of the number of officers deployed, particularly in relation to a specific site or at a specific time, would provide details of policing tactics and resources used in relation to security and protection operations. This would allow those with a criminal or extremist intent to gain an operational advantage over the MPS and therefore undermine the safeguarding of National Security and compromise our law enforcement functions.
Furthermore, the MPS has recently launched an investigation into a number of events that took place at Downing Street and Whitehall in the last two years in relation to potential breaches of Covid-19, therefore disclosure of information in relation to this may impact upon a current investigation.
Section 24 - National Security
Section 30 - Investigations and proceedings conducted by public authorities
Section 31 - Law Enforcement
In considering whether or not this information should be disclosed, I have considered the potential harm that could be caused by disclosure.
FOIA is considered to be a release to the world as, once the information is published, the public authority, in this case the MPS, has no control over what use is made of that information. Whilst not questioning the motives of the applicant, to provide details of resources relating to the protection of specific sites or individuals, would enable those who sought to threaten the safety of protected individuals to identify actual or perceived vulnerabilities in these arrangements.
The disclosure of the requested information to the applicant, and more importantly to those who might wish to cause harm to those in receipt of protection, such as terrorists, criminals and fixated individuals, would therefore be detrimental to those in receipt of protection. Those with the necessary criminal intent, inclination and capacity could use the information to seek to identify 'weak/vulnerable targets' or vulnerabilities to particular kinds of attack. Disclosure of such information also damages the need to ensure protection arrangements remain covert, purely in the interests of operational sensitivity.
It is important to note that the UK does face a serious and sustained threat from violent extremists and this threat is greater in scale and ambition than any of the terrorist threats in the past. Government reports suggest that at any one time the police and security agencies are contending with many terrorist plots, terrorist groups or networks and individuals who are judged to pose a threat to the well-being of the UK and or UK interests. While the plots may not necessarily all be directed at attacks on the protected individuals or sites, the MPS bear in mind that an attack on members of government or significant individuals afforded protection would be of national significance to our country. To provide information regarding protection arrangements for individuals is likely to place them at serious risk due to their prominence across the globe.
In this current environment of an increased threat of terrorist activity, disclosure of information held that could assist an extremist faction would undermine the safeguarding of national security.
The ICO guidance also states ‘safeguarding national security also includes protecting potential targets even if there is no evidence that an attack is imminent…the Commissioner also recognises terrorist can be highly motivated and may go to great lengths to gather intelligence. This means there may be grounds for withholding what seems harmless information on the basis that it may assist terrorists when pieced together with other information they may obtain.’
Based on this definition national security encompasses a wide spectrum and it is our duty to protect the people within the UK. Public safety is of paramount importance to the policing purpose and must be taken into account in deciding whether to disclose any requested information.
Providing information relating to how and when resources are allocated to the protection of a particular site would render security measures less effective. In addition, personal protection is provided by the MPS to a number of people where it is in the national interest or where intelligence (information) suggests protection is necessary. Specific protection arrangements are applied in order to safeguard national security by ensuring that appropriate safety and security is provided to key figures such as the Queen and the Prime Minister. The disclosure of any other information would ultimately increase the risk of harm to those afforded personal protection and to the general public within their vicinity.
The release of any details that may relate to an ongoing investigation could hinder the prevention or detection of crime and impact upon that investigation. The MPS released press lines on 25/01/2022.
Therefore, we would not wish to reveal any further details, such as what and when information is recorded and the extent of our investigation as this would clearly undermine the law enforcement and investigative process. This would impact on police resources and more crime would be committed, placing individuals at risk.
Providing the requested information would reveal operational information that would lead to law enforcement tactics being compromised, which would ultimately hinder the MPS’s law enforcement role. Security arrangements and tactics are re-used and have been monitored by criminal groups, fixated individuals and terrorists. It can be argued that there are significant risks associated with providing this information, since they may reveal the relative vulnerability of what we may be trying to protect.
The security of the country is of paramount importance and the Police service will not divulge information that would place the safety of an individual in receipt of protection at risk or undermine National Security. Whilst there is a public interest in the transparency of policing operations and providing assurance that the police service is appropriately and effectively managing its resources, there is a very strong public interest in safeguarding both national security and the integrity of police operations in the highly sensitive area of the protection of sites of national importance.
The public interest is defined not as what the public might find interesting but there must be some tangible benefit to the public in the disclosure of the interest. In this case, where the request is about resources deployed in relation to protection and security arrangements, the net result of publishing that information would be that a review would need to be conducted to ensure that the threat level was effectively challenged, which would require additional resources to be provided.
It is also considered in these circumstances that there is a public interest in safeguarding the integrity of any police investigations and operations that may be ongoing. There is a need to ensure that any investigation is not compromised by releasing information before the conclusion of a case.
Regarding the third part of your request I am able to provide the information set out in the disclosure section below.
Disclosure
In response to the third part of your request I can confirm that no official specific complaints classified under the Police Reform Act 2002 (PRA) had been made to the Metropolitan Police Service in relation to the alleged breach, however, approximately 1,900 reports had been received from members of the public as of December 2021.