FGM data over the lockdown period from 2017 to 2021

Freedom of information request reference no: 01.FOI.22.023321

I note you seek access to the following information:

I am researching Female Genital Mutilation (FGM) and contacting every police force in the UK to ask the following question.

Please can you supply me data on how many cases of FGM were reported to your police force each month between March 2020 and today's date? Ideally, I'd like this data stratified, by age of alleged victim please and if you have the data by type.

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

Reason for decision

All FOI disclosures are published on the MPS website and the information, once disclosed, is then available to all members of the public. Careful consideration is therefore needed in respect of these matters and although we appreciate the public interest in transparency, this cannot be to the detriment of the integrity of any ongoing or future investigations or breach the Data Protection rights of any individual.

Section 31(1)(a)& (b) – Law Enforcement - In deliberating whether or not this information should be disclosed, we have considered the potential harm that could be caused by disclosure. Due to the low numbers recorded, we believe that releasing data at the level requested would have the effect of compromising law enforcement and hinder the ability of the MPS to fulfil its primary function of enforcing the law.

The publication of information that could reveal any operational activity would have a prejudicial impact on law enforcement in general. It cannot be in the public interest to disclose information which would compromise the effective delivery of operational law enforcement. More crime could be committed and individuals placed at risk.

I consider that the benefit that would result from the information being disclosed does not outweigh the considerations favouring non-disclosure. The MPS would not release details that could compromise future policing.

This decision is based on the understanding that the public interest is not what interests the public, but what would be of greater good to the community as a whole.

The Section 31 Exemption has been applied because the MPS believes that, due to low numbers, releasing the level of information requested into the public domain, could reveal the focus of any policing activity. It could also highlight to an offender that the police are not aware of their offending behaviour. We believe that it could lead to community tension or unrest, as victims of this type of crime are often known to or related to the offender, which at times is a family member.

Section 40(2)(a)&(b)&(3A)(a) – Personal Information - The Freedom of Information Act provides an exemption for Personal Data and this is known as the section 40 exemption.

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 3(A), 3(B) and 4(A) 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 specified within Article 5(1) of the General Data Protection Regulation (GDPR).

In this instance I have decided that the disclosure of the information would be incompatible with the first Data Protection principle which requires that personal data shall be: …“processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency)”;

Under the Data Protection Act 2018, 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.

The MPS accept that there is a legitimate interest in the disclosure of the requested information, however to disclose the information we hold would be grossly unfair to those captured within the data as it could lead to the identification of individuals.

The Section 40 Exemption has been utilised and this is also because of low numbers as we believe that to provide a breakdown in the manner requested could lead to the identification of individuals. Victims are usually very vulnerable and both victims and witnesses must be empowered with the confidence to report FGM to the police without fear of being identified.

Disclosure

We have provided a combined total for the period requested. This is because of low numbers in some periods which we believe may lead to the identification of individuals. Please read the ‘Notes’ section below the table which provide context to the data in the table:

2017-2021
FGM (PG)	432

NOTES
PG flagged crime reports indicate the following:

• A concern that a crime or incident is FGM related results in a flag being placed on a crime report.
• This does not mean that this is a FGM offence, only that there might be a FGM risk or connection.
• Flagging is an imprecise recording system as it relies on officers knowing that the flag exists and remembering to use it.
• It can also be used for officers to flag up a Safeguarding Risk to Partner Agencies, and may not result in a charge but provide education and support via partnership work.