Information about the MPS Professional Standard Department

Freedom of information request reference no: 01.FOI.23.030289

I note you seek access to the following information:

1. How many police officers and police staff currently work within your Professional Standards Department (PSD) (May 2023)?

2. How many police officers and police staff currently working within your Professional Standards Department (PSD) had disciplinary proceedings against them upheld before they began working in the PSD?

3. How many police officers and police staff currently working within your Professional Standards Department (PSD) had disciplinary proceedings against them upheld whilst working in the PSD?

4. Of those officers and staff who had disciplinary proceedings against them upheld, what was the nature of the allegations, according to the IOPC's categories as follows: -
Abuse of power/corruption - Access and/or disclosure of information - Delivery of duties and service - Discreditable conduct - Discriminatory behaviour - Handling of or damage to property/premises - Individual behaviours - Police Powers, policies and procedures - Sexual conduct - Use of police vehicles - Other

5. Of those officers and staff who had disciplinary proceedings against them upheld, what was the sanction?

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 to applicant by other means
Section 40(2)(a)(b)&(3)(a)(i) – Personal Information

Reason for decision

The Section 21(1) Exemption has been applied with reference to Q.1 and this is because the MPS’ Workforce data is published on a monthly basis via our Publication Scheme. I have therefore included a link below for your reference. The data requested is on Table 2.2, line 57.

Section 21(1) – Information reasonably accessible by other means - The information requested concerning Workforce Data is already available in the public domain and, 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 by providing the relevant link. This action is in accordance with section 21 of the Freedom of Information Act.

The Section 40(2) Exemption has been utilised in relation to Q.4 and this is because disclosure of the nature of the allegations could identify living individuals linked to investigations conducted by the MPS. This constitutes personal data which would, if released, be in breach of the rights provided by the DPA 2018 and GDPR.

Section 40(2)(a)(b) and (3)(a)(i) - Personal Information - 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(c) 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 set out in the 2018 act and these can be found at section 34.

In this instance I have decided that, due to low numbers, the disclosure of the details requested with reference to the nature of the allegations constitute Personal Data and that its release would be incompatible with the first Data Protection principle which states that the processing (in this case the disclosure) of the data must be both lawful and fair.

It is important to note that a Freedom of Information Act request is not a private transaction. Both the request itself and any information disclosed are considered suitable for open publication, that is, once access to information is granted to one person under the Act, it is then considered public information and must be communicated to any individual should a request be received. Any information released under the Act is also published on the MPS website thereby making it available to the world and not to just one individual.

Disclosure

Q2 - How many police officers and police staff currently working within your Professional Standards Department (PSD) had disciplinary proceedings against them upheld before they began working in the PSD?

A total of 24 officers and staff currently working within our Professional Standards Department have had disciplinary proceedings against them upheld before they began working in the PSD.

Q3 - How many police officers and police staff currently working within your Professional Standards Department (PSD) had disciplinary proceedings against them upheld whilst working in the PSD?

A total of 2 officers and staff have had disciplinary proceedings against them upheld whilst working in the PSD.

Q5 - Of those officers and staff who had disciplinary proceedings against them upheld, what was the sanction?

Sanctions included ‘Written Warning’ and ‘Caution’.

Regarding the outcome of ‘Caution’, this relates to a very old case that was dealt with under the Conduct Reg 2004.

Under the 2004 Regs the possible sanctions are:

(2) Those sanctions are—
(a) dismissal from the force;
(b) requirement to resign from the force as an alternative to dismissal taking effect either forthwith or on such date as may be specified in the decision;
(c) reduction in rank;
(d) fine;
(e) in the case of a special constable only, suspension from all or from operational duties only for a period of up to three months;
(f) reprimand;
(g) caution.

MPS Workforce Data

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