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Freedom of information request reference no: 01.FOI.24.035554
I note you seek access to the following information:
I’m getting in touch to request information in relation to Operation Violet and the recording of witchcraft-related crimes, including ritual-based abuse.
This is to update the information published by yourselves in 2022 under FOI, reference 01.FOI.22.024069.
Please could you provide a list of the number of ritual/witchcraft offences committed from April 2022 inclusive to January 2024.
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 30(1)(a)(i) – Criminal Investigations
Section 40(2)(3A)(a) – Personal Information
Reason for decision
Section 30(1)(a)(i) – Criminal Investigations - The release of any further information could impact upon ongoing investigations. Some of the crime records located will be recent and the outcome of these may not yet have been determined, therefore, to release any further information would compromise our law enforcement investigative functions. Any disclosure, which would prejudice an ongoing investigation and therefore hinder an individual’s right to a fair trial cannot be in the public interest.
There is a public interest in the transparency of the investigation of crime and providing assurance that the MPS is appropriately and effectively dealing with criminal activity.
However, there is also a strong public interest in safeguarding the integrity of police investigations, by not releasing information that could hinder that investigation and prejudice the outcome of any legal proceedings.
I consider that the benefit that would result from the information being disclosed does not outweigh the considerations favouring non-disclosure, particularly given the level of information disclosed today – which I believe satisfies the wider public interest.
Section 40(2)(3A)(a) – Personal Information - I note that you are seeking a list of offences committed from April 2022 to January 2024 relating to Operation Violet, and have further asked for information located to be broken down by borough.
I have made the decision to disclose the total number of crime records located, however, due to extremely low figures when broken down by borough I am unable to provide this breakdown as disclosure could identify specific investigations and individuals concerned. Any such disclosure could release personal information into the public domain and would prejudice ongoing investigations.
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 if disclosed could identify specific investigations and individuals concerned, including victims of crime.
Having considered the data, I have found, having considered the legitimate interest test, that any further break down would not be in accordance with the first principle. Although I understand there is an interest in the information you are seeking I believe this interest has been satisfied by the release of the disclosed information. I do not believe that providing any more details, when there is a reasonable risk that the additional information would identify individuals involved, and prejudice investigations, would add to any wider public debate that may be ongoing.
Furthermore I do not think it would be fair to the victims of offences if information was disclosed that identified them in a Freedom of Information response, additionally, individuals identified as being concerned and who were later found to not be involved would be unfairly stigmatised.
Under Section 40(2) and (3) of the Act, Public Authorities are able to withhold information where its release would identify any living individual and breach the principles of the Data Protection Act 2018 (DPA). I have applied this exemption in that the identity of individuals that may be realised through providing the information broken down in the format you have requested would constitute personal data which, if released, would be in breach of the rights provided by the DPA.
Having considered both conditions, I have established that no consent is present or would likely be received to release this information. 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
A total of 37 crime reports recorded by the MPS from 01/04/2022 to 31/01/2024 (inclusive) had the Ritual & Ritualistic Abuse flag (PV) applied.
Caveats:
• A concern that a crime or incident is related to these crime types (Abuse Linked to Witchcraft or Spirit Possession Accusations) results in a flag being placed on a crime report
• This does not mean that an offence has taken place, only that there might be a risk related to that issue or connection to either a crime or incident
• Flagging is an imprecise recording system as it relies on officers knowing that the flag exists and remembering to use it