Information in relation to a public member being handcuffed

Freedom of information request reference no: 01.FOI.24.031655

I note you seek access to the following information:

My request is regarding the officers pictured in this video: https://twitter.com/mandureid/status/1683137249439891456?s=46&t=JUhjR61NtgNECSSrzXRxlg

My request is as such
1) Have any of the officers been identified
2) Have any of the officers in the video been reprimanded or disciplined by the Met Police
3) Have any of the officers been given either racial sensitivity, or conflict de-escalation training in the last five 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:

Section 40(2)(3) – Personal Data

Reason for decision

Q3 - Have any of the officers been given either racial sensitivity, or conflict de-escalation training in the last five years

In respect of this exemption, it is first most important I explain 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. This is because, under Freedom of Information, any information disclosed is released into the wider public domain, effectively to the world and not just to one individual.

The General Data Protection Regulation (GDPR) was been introduced across the European Union (EU) and the European Economic Area (EEA). In respect of the United Kingdom, GDPR was enshrined in UK law through the Data Protection Act 2018. The MPS, like all UK public authorities are obliged to comply with the Data Protection Act 2018 and this includes the protection of personal data.
Where an individual is requesting third party personal data the MPS must ensure that any action taken adheres to the principles of GDPR/ the Data Protection Act 2018. To clarify, the Freedom of Information Act only allows disclosure of personal data if that disclosure would be compliant with that law.

It is also legitimate for the MPS to consider the cumulative effect of disclosing information of a similar nature in respect of routinely disclosing personal information pertaining to training received by staff under the Freedom of Information Act. The MPS need to very carefully consider the effect this has on staff as well as public perception in how it responsibly and sensitively handles personal data (in terms of continual disclosure over time under FOIA) in a public forum.

Section 40(2)(a)(b) of the Act provides that any information to which a request for information relates, is exempt information if the first condition of Section 40(3A)(a) is satisfied. The first condition of Section 40(3A)(a) states that personal information is exempt if its disclosure would contravene any of the data protection principles. If the disclosure of the requested personal data would not contravene the data protection principles, the disclosure must also not contravene Sections 3A(b), 3B of the Act.

There are six data protection principles that are set out in Section 34 of the Data Protection Act 2018. The first principle requires that the disclosure of the requested personal data must be lawful and fair. Under the Act, 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 requested information contain the following types of personal data that I consider exempt under the Act:

• Have any of the officers been given either racial sensitivity, or conflict de-escalation training in the last five years?

Having considered the release of the identified personal data, the MPS has found, having considered the legitimate interest test, that, that there is not a true public interest in disclosure of the personal information which makes up the recorded information held, the information requested is uniquely personal to an individual.

The provision to refuse access to information under Section 40(2)(a)(b) and (3A)(a) of the Act is both absolute and class based. When this exemption is claimed, it is accepted that harm would result from disclosure. There is accordingly no requirement to demonstrate what that harm may be in refusing access to information.

Disclosure

Q1 - Have any of the officers been identified?

The officers involved in this matter have been identified.

Q2 - Have any of the officers in the video been reprimanded or disciplined by the Met Police.

The matter is the subject of a public complaint which has been recorded under schd3 of the police reform act. The MPS formally referred the matter to the IOPC who determined that it will be subject to an independent investigation.

S16 – Duty to advice and assist

Below are examples of training completed by new recruits:

• “Effect of stress & De-escalation” forms part of training for new recruits.

De-escalation has always formed part of tactical communication. (It should be noted that the MPS haven’t historically used that specific term).

Recruits now also get a further input on day 8 entitled “Effects of stress & De-escalation” that refers back to some of the material in tactical communication, whilst focussing on strategies to manage their own stress levels.

• “Fundamental Behaviour Intervention”
Day 9 includes and “FBI” lesson, which is an abbreviation of “Fundamental Behavioural indicators” or “Fundamental Behaviour interventions”.

Additionally, the scenarios carried out in both the recruit syllabus and in recent refresher training include practice of tactical communication skills.

Whilst there are mentions of unconscious bias in some of the Public & Personal Safety Training (PPST) material these are effectively signposting/reminding of other training provided elsewhere as it is not a PPST subject.

I believe the below information may also be of interest to you:

ICO guidance on requests for personal data about employees