Copies of blank forms used for closure notices/orders/consultation & guidance

Freedom of information request reference no: 01.FOI.24.035077

I note you seek access to the following information:

I am writing as to request the following information
1. Blank electronic copies of any forms used for Closure Notices, Closure Orders and Closure consultation (Form 121) under the ASB 2014 Act
2. An electronic copy of any policies/officer guidance on using Closure Notices and Orders under the ASB 2014 Act

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 31(1)(a)(b) – Law Enforcement

Reason for decision

Section 31(1)(a)(b) – Law Enforcement - With reference to the ‘Guidance – Closure Powers’ document, we have utilised Section 31 Exemption. This is because some of the details contained in the guidance requested have been redacted. Release of all of the information into the public domain would reveal tactical operational information which, if available to those with criminal intent, could hinder law enforcement processes.

In this case, this exemption has been applied because we believe that disclosure of the information requested in its entirety would prejudice areas within law enforcement such as the detection of crime and the apprehension or prosecution of offenders.

The MPS has a statutory role in investigating criminal offences and we deploy a range of tactics and investigative techniques to do so and we believe that providing the information requested in its entirety would have an adverse effect on law enforcement. This is because those with criminal intent would gain a better understanding of policing methods and techniques and could utilise this information to undermine the work of the MPS which would be detrimental to law enforcement.

Any information released under the Act which reveals information related to police strategies and tactics, would render the police less effective in dealing with any related incidents which would undermine policing.

This would cause operational harm to the MPS and affect our ability to fulfil our core function of law enforcement. The release of such information would reveal tactical operational information which would 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.

Releasing all of the guidance available to officers would have the effect of compromising law enforcement processes and would also hinder the ability of the MPS to fulfil its primary function of enforcing the law and protecting the public. Disclosure would technically release operational information into the public domain which would enable those individuals intent on committing criminal activity to circumvent methods used to prevent crime and apprehend offenders. This in turn hinders the ability of the MPS to carry out its core functions in law enforcement.

The MPS believes that the disclosure of the information requested in its entirety would limit operational capabilities as individuals would gain a better understanding of policing methods and tactics and those with criminal intent could use this information to the detriment of law enforcement.

I have determined that disclosure of the guidance provided to officers in its entirety would not be in the public interest, because I consider that the benefit that would result from all of the information being disclosed does not outweigh the considerations favouring non-disclosure.

The Freedom of Information Act is applicant and motive blind. Any information disclosed under the Act is a disclosure to the world at large and would be released to any individual upon request. Any information released under The Act is also published via the MPS’ Publication Scheme. For this reason a request under the Act is not a private transaction. Both the request itself and any information which may be disclosed, are considered suitable for open publication. Therefore, when considering whether information is suitable for disclosure, a public authority must consider the effect of disclosure to any individual.

Disclosure

Please find attached the following forms as requested:

Closure Notice
Cancellation of Closure Notice
Closure Notice Consultation Form
Guidance – Closure Powers (Redacted as indicated above)