Information on PC recruitment process

Freedom of information request reference no: 01.FOI.23.032733

I note you seek access to the following information:

REQUEST 1: - In the context of the current external PC recruitment process and an applicant being withdrawn from the process due to failing pre-employment checks on medical grounds and a subsequent appeal resulting in the same outcome, I would like you provide information on the following:

'Your grounds for appeal have been considered against our appeal criteria'
Q) What is your appeal criteria?

REQUEST 2: - In the context of the current external PC recruitment process and an applicant being withdrawn from the process due to failing pre-employment checks on medical grounds and a subsequent appeal resulting in the same outcome, I would like you provide information on the following:

'All decisions are made in accordance with a set of standard criteria'
Q) What is your set of standard criteria?

REQUEST 3: - In the context of the current external PC recruitment process and an applicant being withdrawn from the process due to failing pre-employment checks on medical grounds and a subsequent appeal resulting in the same outcome, I would like you provide information on the following:

Q) What qualifications and medical training does Doctor Alan Murphy have regarding ADHD and recruitment suitability for Police Constable candidates who identify as a person with ADHD or are diagnosed with ADHD at the time of application?

REQUEST 4: - All of your recruitment SOPS were due for review in 2016, including the Equality Impact Assessment for the recruitment and selection policy. When will they be reviewed?

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) s:

The MPS neither confirms nor denies that it holds the information you have requested in relation to question 3 by virtue of the following exemption:

Section 40(5B)(a)(i) - Personal Information

Reason for decision

Section 40(5B)(a)(i) - Personal Information - of the Act provides an exclusion from the duty to confirm or deny whether personal data is held, if doing so would breach one of the Data Protection Principles. There are six principles that are set out in Article 5(1)(a) of the General Data Protection Regulations (GDPR) that dictate when the processing of personal data is lawful. The first principle requires that any processing of personal data must be lawful, fair and transparent. Under Article 6(1)(f) of the GDPR, 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.

Having considered the legitimate interest in relation to confirming or denying whether the requested information is held by the MPS, I have found:

a. This request asks the MPS to confirm or deny whether its holds information that would, if held, constitute personal data. To confirm or deny whether personal information exists in response to this request would therefore publicly reveal information about an individual or individuals, thereby breaching the right to privacy afforded to persons under the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR). I have not identified a legitimate interest that would be satisfied through confirming or denying whether the information requested is held.

Section 40(5B)(a)(i) of the Act provides an exclusion from the duty to confirm or deny whether personal data is held, if doing so would breach one of the Data Protection Principles. There are six principles that are set out in Article 5(1)(a) of the General Data Protection Regulations (GDPR) that dictate when the processing of personal data is lawful. The first principle requires that any processing of personal data must be lawful, fair and transparent. Under Article 6(1)(f) of the GDPR, the disclosure of personal data is considered to be lawful if:

d. There is a legitimate interest in the disclosure of that personal data.
e. The disclosure of the personal data is necessary to meet that legitimate interest.
f. The disclosure would not cause unwarranted harm to the data subject.

Having considered the legitimate interest in relation to confirming or denying whether the requested information is held by the MPS, I have found:

b. This request asks the MPS to confirm or deny whether its holds information that would, if held, constitute personal data. To confirm or deny whether personal information exists in response to this request would therefore publicly reveal information about an individual or individuals, thereby breaching the right to privacy afforded to persons under the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR). I have not identified a legitimate interest that would be satisfied through confirming or denying whether the information requested is held.

Disclosure

I have today decided to disclose information relating to questions 1, 2 and 4.

REQUEST 1: - In the context of the current external PC recruitment process and an applicant being withdrawn from the process due to failing pre-employment checks on medical grounds and a subsequent appeal resulting in the same outcome, I would like you provide information on the following:

'Your grounds for appeal have been considered against our appeal criteria'
Q) What is your appeal criteria?

If an applicant has been rejected on medical grounds they are able to appeal the decision. In order to support their appeal, the applicant should provide any additional information which had not already been provided to the medical team for consideration. The applicant is also able to submit any new medical information obtained after the medical rejection, which would support their appeal.

REQUEST 2: - In the context of the current external PC recruitment process and an applicant being withdrawn from the process due to failing pre-employment checks on medical grounds and a subsequent appeal resulting in the same outcome, I would like you provide information on the following:

'All decisions are made in accordance with a set of standard criteria'
Q) What is your set of standard criteria?

The MPS is in line with the national officer medical standards for new recruits. 

REQUEST 4:- All of your recruitment SOPS were due for review in 2016, including the Equality Impact Assessment for the recruitment and selection policy. When will they be reviewed?

These documents will be reviewed but there is no timescale for completion.