Information regarding deaths during or following police contact in 2021/2022

Freedom of information request reference no: 01.FOI.22.026535

I note you seek access to the following information:

To whom it may concern,

Please provide the following information regarding deaths during or following police contact for the 2021/2022 financial year:

1. Road traffic incident fatalities
The number of deaths of motorists, cyclists or pedestrians arising from police pursuits, police vehicles responding to emergency calls and other police traffic-related It does not include deaths following a road traffic incident (RTI) where the police have attended immediately after the event as an emergency service
Please provide a breakdown by ethnicity (white, Asian, black, mixed, other or not known)

2. Fatal shootings
The number of deaths where police officers fired the fatal shot using a conventional firearm
Please provide a breakdown by ethnicity (white, Asian, black, mixed, other or not known)

3. Deaths in or following police custody
The number of deaths in or following police custody, This includes deaths that occur while a person is being arrested or taken into detention. It includes deaths of persons who have been arrested or have been detained by police under the Mental Health Act 1983. The death may have taken place on police, private or medical premises, in a public place or in a police or other vehicle. For example: Deaths that occur during or following police custody where injuries that contributed to the death were sustained during the period of detention, deaths that occur in or on the way to hospital (or other medical premises) following or during transfer from scene of arrest or police custody, deaths that occur as a result of injuries or other medical problems that are identified or that develop while a person is in custody.
Please provide a breakdown by ethnicity (white, Asian, black, mixed, other or not known)

4. Apparent suicides following police custody
The number of apparent suicides that occur within two days of release from police custody. It also includes apparent suicides that occur beyond two days of release from custody, where the period spent in custody may be relevant to the subsequent death
Please provide a breakdown by ethnicity (white, Asian, black, mixed, other or not known)

5. Other deaths following police contact
The number of deaths that follow contact with the police, either directly or indirectly, that did not involve arrest or detention under the Mental Health Act 1983 and were subject to an independent investigation by the IOPC.
Please provide a breakdown by ethnicity (white, Asian, black, mixed, other or not known)

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 38(1) - Health and Safety

Reason for decision

Section 31 (1)(a)(b) - Law Enforcement & Section 38(1) - Health and Safety
Constituents of this information attract Section 31 and other constituents Sections 38 of the Act. It should not be surmised that we are applying Sections 31 & 38 to the same pieces of information.

Section 38 Health and Safety - provides an exemption from the disclosure of information which would, or would be likely to endanger the physical or mental health of any individual, or endanger the safety of an individual.

Disclosure of further information regarding deaths during or following police contact, may cause their families to be at psychological risk if details relating to their identity were disclosed.

Disclosure of further details of deaths during or following police contact could jeopardise the mental state and safety of the individuals. This will not be in the public interest. There is a risk that a disclosure could be used in conjunction with other publically available information such as media reports or local community knowledge to identify specific individuals. This could undermine the integrity of the MPS and the Health and safety of any families of people who have died.

The harm identified above, is reduced by withholding any low numbers of deaths during or following police.
It is imperative that the safety and identity of those captured by this request, or the compromising of any investigation was not a factor, when trying to be transparent in disclosing as much information as possible. The MPS has a duty of care to the communities served. I consider that the benefit that would result from the information being disclosed does not outweigh disclosing the information.

Section 31 Law Enforcement - In order for the exemption provided under Section 31(1) to be engaged in this case, the MPS must show that disclosure under the Act would, or would be likely to, prejudice law enforcement functions, namely Section 31(1)(a) the prevention and detection of crime and Section 31(1)(b) the apprehension or prosecution of offenders.
In this case, this exemption has been applied as disclosure of the information requested would prejudice areas within law enforcement such as the detection of crime and the apprehension or prosecution of offenders.

The MPS is charged with enforcing the law and preventing and detecting crime. Any information released under the Act which reveals information related to the gathering of intelligence and police strategies and tactics would prejudice the prevention and detection of crime and the apprehension or prosecution of offenders.

Release would have the effect of compromising law enforcement processes and would also hinder the ability of the MPS to fulfil its primary aim of enforcing the law and protecting the public.

Disclosure 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 strategies and tactics used by the MPS and possibly counter them, or become an intrusive hindrance to anyone involved in enquiries, which in turn could make people less likely to come forward as witnesses.

The disclosure of this information to the public by the MPS would undermine public trust in the MPS. Release of all information would allow those wishing to disrupt police operations to use the information to assist in evading detection should they be planning any unlawful acts.

I have determined that the disclosure of a note as to whether an individual has been held accountable by being charged and/or prosecuted, would not be in the public interest.

Disclosure

Please see the redacted table below, pursuant to your request for information.

Low numbers relating to IOPC Category together with ethnicity has been redacted.

The ethnicity data we are providing for these cases is the data held by the MPS.

IOPC Category	Asian	Black	Other	White	Unknown	Total
Apparent suicides following custody
Deaths in or following police custody
Fatal shooting
Other deaths following police contact		5		5		14
Road traffic incident
Total		8		10		24