Redacted copy of the MPS Use of Handcuffs Policy

Freedom of information request reference no: 01.FOI.24.036910

I note you seek access to the following information:

A copy of the policy documents listed below.

• Mental Health Explained
• Man in Distress script
• MPS Use of Handcuffs Policy 

CLARIFICATION -
The CPS considered those policy documents in their decision making on whether to charge Met police officers.

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)(a)(b)(3)(a)(i) - Personal Information

Reason for decision

Section 40(2)(a)(b)(3)(a)(i) - Personal Information - We have located the MPS Use of Handcuffs Policy which has been assessed as suitable for disclosure, however, the name of the author and authorising officer have been redacted as this is personal information. Releasing this information would identify individuals and would release personal information in relation to those individuals into the public domain. This would be unfair, as no permission has been sought from the individuals concerned, and also illegal, as it would breach of the Data Protection Act 2018, (DPA) and General Data Protection Regulations (GDPR). This information has therefore been redacted from the document and Section 40(2)(3) of the Act, which provides an exemption for personal information, has been applied to refuse disclosure.

Section 40 is an absolute, class based exemption, and requires neither evidence of harm or a public interest test in justification of its use where disclosure would breach the principles of the Data Protection Act (DPA) 2018 or the General Data Protection Regulations (GDPR), as in this case. The legislators have acknowledged that harm would result from any such disclosure and there is accordingly no requirement for us to consider whether release of information is in the public interest or demonstrate what harm would result from disclosure.

Under Section 40(2)(a)(b)(3)(a)(i) of the Act, public authorities are able to withhold information where its release would identify any living individual and breach the principles of the DPA 2018. I have applied this exemption in that the names of individuals and contact information contained within the documents would constitute personal data which, if released, would be in breach of the rights provided by the DPA.

The six principles of the DPA govern the way in which data controllers must manage personal data. Under principle one of the DPA, personal data must be processed fairly and lawfully.

I consider that the release of names together with employment information, constitutes personal data. The release of this information would be unfair as the person(s) concerned would have no reasonable expectation that the MPS would make this information publicly available. In reaching my decision, I have, in each case, given due regard to the condition at Article 6(1) (a) and 6(1) (e) of the GDPR. Condition one of the GDPR requires that consideration is given to whether consent for disclosure has been given whilst Condition six requires that consideration is given to performance of a public task in the public interest.

Disclosure

Please find attached the MPS Use of Handcuffs Policy – Version 5.0 (which is the current version of this document). As advised in the reasons for decision section, personal information has been redacted from this document.

With reference to the other documents you are seeking: “Mental Health Explained”, and “Man in Distress script”, please be advised that these are not held by the MPS. Enquiries have established that these documents are held by the College of Policing and The National Centre for Applied Learning Technologies (NCALT), not the MPS. I can only advise therefore, that you redirect this part of your request to the College of Policing. To assist and for your convenience please find contact details/instructions below:

You can make an FOI request by writing to us or by emailing: [email protected]
Our address is: FOI team, College of Policing, Leamington Road, Ryton-on-Dunsmore, Coventry, CV8 3EN.

In your FOI request you should tell us:
• your name
• an address where letters can be sent or an email address
• what information you would like

Alternatively, as you have advised that “the CPS considered those policy documents in their decision making on whether to charge Met police officers”, you could redirect this part of your request to the CPS. To assist and for your convenience please find relevant contact details below:

Requests may be made by email to [email protected] or in writing to:

Information Access Team
Crown Prosecution Service
102 Petty France
London SW1H 9EA