Penalties if a Constable/PCSO violates any restrictions
Freedom of information request reference no: 01.FOI.22.023696
I note you seek access to the following information:
Q1: When are Uniformed Constables/PCSOs of the Law (the Police) allowed to intentionally mislead the public by claiming one thing when, in fact, they are withholding their real/full purposed for engaging with the public?
Q2: Is it legally/lawfully permissible for a Constable to perform a ‘welfare check’ on someone after an accident (vulnerable) and then ask that person to let them take photos of their injuries but not tell the injured person what those photos will/might be used for before they take the photos - only disclosing the real reason for the photographs after they have been acquired?
Q3: Is it legally/lawfully permissible for a Constable/PCSO of the Law to gain Data from the public by deception?
Q4: If a Constable/PCSO violates any restrictions that may be linked with the above two questions, what penalties exist to rectify the matter?
Q5: Does each Police Station/Area/Beat have their own policies/rules in respect of the above or is there a national requirement for uniform-compliance by all Constables/PCSOs?
Q6: What current Legislation (chapter and verse) governs the above topic?
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 84 - Recorded information held by a public authority
Reason for decision
S84 refers to Q1 – Q3.
This is not a valid request for information within the everyday meaning of the legislation. To explain that further, s84 of FOIA relates to recorded information held by a public authority and that it does not extend to providing explanations unless the answers are already held in a recorded form.
Section 84 - Recorded information held by a public authority - "Information is defined in section 84 of the Act as 'information recorded in any form'. The Act therefore only extends to requests for recorded information. It does not require public authorities to answer questions generally; only if they already hold the answers in recorded form. The Act does not extend to requests for information about policies or their implementation, or the merits or demerits of any proposal or action - unless, of course, the answer to any such request is already held in recorded form." (Day vs ICO & DWP – EA/2006/0069 Final Decision)
Disclosure
Q4 - If a Constable/PCSO violates any restrictions that may be linked with the above two questions, what penalties exist to rectify the matter?
Police Constables and PCSO’s are subject to the law. Police Constables are also subject to the Police Standards of Professional Behaviour as set out in the Police Conduct Regulations and the College of Policing Code of Ethics. PCSO’s are not Police Officers therefore not subject to Police Regulation’s but each individual force Police Staff Discipline Policy. However, they are subject to the College of Policing Code of Ethics.
Q5 - Does each Police Station/Area/Beat have their own policies/rules in respect of the above or is there a national requirement for uniform-compliance by all Constables/PCSOs?
Regulations and the College of Policing Code of Ethics apply to all Home Office Police Services within England and Wales.
Q6 - What current Legislation (chapter and verse) governs the above topic?
The legislation governing Police Standards of Behaviour are numerous. However, the main ones are:
Police Regulations 2003
Police Conduct Regulations (2012, 2015, 2017 & 2020)
Police Complaint and Conduct Regulations (2012, & 2020)
College of Policing Code of Ethics
Home Office Guidance Conduct, Efficiency and Effectiveness: Statutory Guidance on Professional Standards, Performance and Integrity in Policing
Guidance on outcomes in police misconduct proceedings
Police Performance Regulations (2012 & 2020)
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