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Freedom of information request reference no: 01.FOI.24.035166
I note you seek access to the following information:
Information in relation to ‘cuckooing’ also known as forced home invasion which is described in Home Office guidance as “a tactic used by criminals, typically drug dealers, to take over the homes of vulnerable individuals, such as care leavers or those with addiction, physical or mental health issues, and use the property as a base for criminal activity. This is a common characteristic of the county lines business model and can occur in a range of settings such as rental and private properties, student accommodation, prisons, and commercial properties”.[1]
Please provide me with the following information:
1. Does your police force have a marker or flag for cuckooing in your crime recording database?
2. How many live cases involving cuckooing is your police force currently responding to or investigating? (as at the date of responding to this request - please provide that date in the response)
3. How many cuckooed properties did your police force visit in the period July to December 2023 inclusive?
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).
The Metropolitan Police Service can neither confirm nor deny whether it holds information in relation to live cases that the MPS are either responding or investigating as the duty in Section 1(1)(a) of the Freedom of Information Act 2000 (the Act) does not apply by virtue of the following exemptions:
Section 23(5) - Information supplied by, or relating to, bodies dealing with security matters.
Section 24(2) – National Security
Section 30(3) – Investigations and Proceedings
Section 31(3) – Law Enforcement
Reason for decision
Although every effort should be made to release information under the Freedom of Information Act, to confirm or deny whether any information is or isn’t held could not only undermine ongoing investigations, but also the National Security of the United Kingdom.
Whilst there is a public interest in the transparency of policing, providing assurance that the Police Service is appropriately and effectively engaging with the threat from criminals, this should be countered against the need to protect vulnerable areas, and ongoing Policing operational activity.
The security of the country is of paramount importance and the police will not divulge whether information is or is not held if to do so would undermine national security. Whilst there is a public interest in the transparency of policing operations and providing reassurance that the Police Service is appropriately and effectively engaging with the threat posed by offenders involved in cuckooing offences, there is a very strong public interest in safeguarding both national security and the integrity of police investigations and operations in the highly sensitive areas of which they work.
In addition, and irrespective of what information may or may not be held, to confirm information is held by citing a substantive exemption, or conversely, stating ‘no information held’, would undermine the effective delivery of operational law enforcement by compromising potentially ongoing investigations, some of which may be covert.
Section 23(5) - Information supplied by, or relating to, bodies dealing with security matters & Section 24(2) - National security - Other organisations outside the Police Service may, or may not have an active interest in the subject of the questions above. By confirming or denying that information exists relevant to the request would harm the close relationship that exists between the forces and other organisations. To confirm or deny whether the force hold any other information relevant to the request would allow inferences to be made about the nature and extent of national security related activities which may or may not take place in a given area. This would enable criminal groups to take steps to counter intelligence, and as such, confirmation or denial would be damaging to national security.
By confirming or denying information is held about policing arrangements of this nature would render national security measures less effective. This would lead to the compromise of ongoing or future operations to protect the security or infrastructure of the UK and increase the risk of harm to the public.
Section 30(3) - Investigations and proceedings conducted by public authorities - Modern-day policing is intelligence led and the police, where appropriate, gather information to assist with the investigatory process. To confirm or not whether information is or isn’t held could hinder the prevention and detection of crime as well as undermine the partnership approach to investigations and law enforcement.
Section 31(3) Law Enforcement - To confirm or deny that the police holds any other information could compromise law enforcement tactics which would lead to a hindrance on the Police Force’s ability to prevent and detect crimes. Vulnerable areas could be identified by force level disclosure leading to more criminal activity placing the public in harm’s way. If information is released confirming or denying that information is held in respect of currently ongoing cuckooing investigations, it may impact police resources as vulnerable forces may need to increase their resources to reassure the public and protect the surrounding community.
The points above highlight the merits of confirming, or denying, whether any other information is held. The Police Service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve and will never divulge information which could pinpoint where an individual involved in county lines operations is studying.
Whilst there is a public interest in the transparency of policing operations and investigations, as well as providing reassurance that the Police Service is appropriately and effectively engaging with the threat from criminals, there is also a public interest in safeguarding individuals involved in this type of offending which often involves vulnerable individuals. As much as there is a public interest in knowing that policing activity is appropriate and balanced, it will only be overridden in exceptional circumstances.
Disclosure
Q1 - Does your police force have a marker or flag for cuckooing in your crime recording database?
Yes the MPS does have a marker or flag for recording this crime.
Q3 - How many cuckooed properties did your police force visit in the period July to December 2023 inclusive?
Please see the data set below.