Officers in Aviation Policing

Freedom of information request reference no: 01.FOI.23.032647

I note you seek access to the following information:

1) Could I be advised of the current number of police officers at the rank of Sergeant up to the rank of Chief Superintendent and currently work at Aviation Policing who identify as Black (African, Caribbean or Other)

2) If possible could I be advised of the same, but since the formation of the department or if not possible for the last 10 years.

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:

Reason for decision

Section 24(1) – National Security
Section 31(1)(a)(b) – Law Enforcement

To provide data on the number of officers who identify as BME would through a mosaic effect request for non-BME officers allow a member of the public to identify the total number of officers based in the Aviation Policing Command. This would provide those with a criminal intent with operational knowledge and therefore the opportunity to undermine our policing capabilities at Heathrow and London City airports. This would compromise our law enforcement functions by hindering our ability to detect crime and apprehend an offender. Such a disclosure could potentially lead to disruption to these airports and endanger air travel and therefore result in an increase in criminal activity.

In addition, disclosure would have an adverse effect on national security, especially at a major international transport hub and render security measures less effective.

In considering whether or not the MPS should release the information requested I have considered the potential harm that could be caused by such a disclosure.
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.

This is because, under the Act, any information disclosed is released into the wider public domain, effectively to the world, not just to an individual. Whilst not questioning the motives of the applicant, providing specific ethnicity data for officers based in the Aviation Policing Command would through a mosaic request reveal to those who seek to cause harm to members of the public an awareness of the level of capacity within that Command and their capabilities.

Section 24 - National Security - By supplying any policing arrangements of this nature would render security measures less effective. In order to safeguard national security, there is a need for the MPS to protect information held as to release it would likely have a detrimental effect on policing resources, particularly in the sensitive area of national security.
Policing resources would be negatively affected should those with intent to map and obtain an operational advantage over MPS resources (allocated for national security purposes) manipulate the disclosed information.

The threat from terrorism cannot be ignored. It should be recognised that the international security landscape is increasingly complex and unpredictable. The UK faces a sustained threat from violent terrorists and extremists. Since 2006, the UK Government have published the threat level, as set by the security service (MI5) based upon current intelligence. With the current threat level to the UK given as ‘substantial, the Government website explains that ‘this means that a terrorist attack is likely.’

In consideration of the ramifications of these threat levels, it would not be wise to release details of the actual number of officers that are based in Aviation Policing who identify as ‘Black (African, Caribbean or Other)’, as to do so could possibly compromise the current or future law enforcement role of this Command. Modern-day policing is intelligence led and information of this nature, needs to be treated with extreme sensitivity as it could have a detrimental effect on the operational effectiveness of the MPS. There are significant risks associated with the release of such information as this may provide those seeking to commit criminal acts with an advantage over the MPS and other forces, as the information can indeed be viewed as operational 'intelligence' and operationally sensitive. Disclosure could have a negative effect on the Command and in deed the MPS’s ability to provide the necessary service required should the release of information be used and manipulated by those who are intent on carrying out criminal/terrorist activities. To disclose the requested information would therefore provide them with an opportunity of disrupting police activity.

Whilst this data may appear harmless in itself, this pieced together with other disclosures can be used in a ‘mosaic effect’ to give a fuller picture to those wishing to evade detection and valuable intelligence to criminals.

This ‘cumulative prejudice’ or the ‘mosaic effect’ whereby the information requested may be of increased significance when combined with other information obtained through other means and/or at a later date. The ‘mosaic’ effect has been described as follows:

‘The “mosaic theory” describes a basic precept of intelligence gathering: Disparate items of information, though individually of limited or no utility to their possessor, can take on added significance when combined with other items of information. Combining the items illuminates their interrelationships and breeds analytic synergies, so that the resulting mosaic of information is worth more than the sum of its parts.’ - Source: David Pozen, The Mosaic Theory, National Security, and the Freedom of Information Act, 115 Yale L. J. 628, 630 (2005).

Therefore, disclosure could be to the detriment of providing an efficient policing service and a failure in providing a duty of care to all members of the public and might require the MPS to actually have to increase the amount of officers available to them, thus increasing the cost to the public purse.

As stated the UK faces 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 specific individuals or locations, the MPS have a duty to promote the safety of all individuals. Therefore, to release the requested data would allow interested parties to gain an upper hand and awareness of policing decisions used to safeguard national security. National security encompasses a wide spectrum and it is our duty to protect the people within the UK and abroad. Public safety is of paramount importance to the policing purpose and must be taken into account in deciding whether to disclose information. By providing details relating to a specific Command’s resources could potentially be misused proving detrimental to national security.

In the current environment of an increased threat of terrorist activity, providing any details that could assist an extremist, terrorist faction or fixated individual who have the relevant time and know-how, would put people’s lives at risk.

Section 31 - Law Enforcement – The MPS is responsible for providing policing and security for Heathrow and London City airports, by providing data on officers who identify as a Black (African, Caribbean or Other) would through a series of other requests allow a picture to be built on the resourcing within the Aviation Policing Command.

Disclosure could therefore compromise their current or future law enforcement role, which would hinder the prevention and detection of crime. 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.
A mosaic request for additional data would allow an inference to be made on the level of resources/ capability within the Command. Should staffing figures be lower than envisaged, this could enable individuals to believe they have a higher chance of undertaking criminal/terrorist offences without being detected.

Disclosure would technically be releasing sensitive information, into the public domain, which would enable those with the time, capacity and inclination to try and map costs and staffing levels available to the MPS to assist with their criminal/terrorist activity, which ultimately would lead to an attack.

Therefore, MPS resources and its ability to operate effectively and efficiently would directly be affected as this information, could be manipulated by those with criminal intent to operate in those areas.

The security of the country is of paramount importance and the Police Service will not divulge information if to do so would place the safety of the public at risk, undermine National Security or law enforcement. Whilst there is a public interest in the transparency of policing, and in this case providing assurance that the police service is appropriately and effectively engaging with the threat posed by criminal and terrorist activity, there is a very strong public interest in safeguarding the integrity of police operations in the highly sensitive area of airport security.

As much as there is a public interest in knowing that policing activity is appropriate and balanced this will only be overridden in exceptional circumstances. Any disclosure of information relating to the MPS’s capability in a specialist area would undermine our ability to combat terrorism, which are sensitive issues of intelligence value to a terrorist.

Disclosure

Although, we are unable to provide you with the actual number of officers, the MPS is willing to provide you with a percentage figure. Therefore, please find below data for Questions 1 and 2 showing the police officers at the rank of Sergeant up to the rank of Chief Superintendent, who currently work or worked at Aviation Policing and identify as Black (African, Caribbean or Other) covering the financial year, over a 10 period from April 2013 – March 2023.

• 2022/2023 - 5.1%
• 2021/2022 - 6.7%
• 2020/2021 - 8.7%
• 2019/2020 - 9.0%
• 2018/2019 - 6.6%
• 2017/2018 - 4.6%
• 2016/2017 - 2.9%
• 2015/2016 - 4.2%
• 2014/2015 - 4.1%
• 2013/2014 - 3.7%

In addition, please note that it is optional for an individual to self-disclose their ethnicity. Therefore, this data is provided on the basis of where it has been provided.