West Yorkshire Police dragged an autistic girl with Scoliosis to the police station, when it is reported all she said was that the policewoman looked like her lesbian nana.
If as reported, then this is not a hate crime nor anywhere near it and even if it were, then the circumstances of the girl should have dictated that this did not happen.
Please state the exact reason for the arrest / kidnapping of the girl from her home, and what is being done to make things right with the family.
Please note that this information is readily available in the public domain via a press release from West Yorkshire Police. Please see the following link for the requested information - Update On Social Media Video, Leeds | West Yorkshire Police
Pleases state what Police station she was taken to.
West Yorkshire Police are unable to provide you with the information requested as this is exempt by virtue of Section 30(1)(a) Investigations and Proceedings Conducted by Public Authorities.
Please see Appendix A, for the full legislative explanation as to why West Yorkshire Police are unable to provide the information.
Please state what disciplinary action is being taken against the officer for what appears to be assault on the girl caused by her actions.
West Yorkshire Police are unable to provide you with the information requested as this is exempt by virtue of Section 31 (1)(g)(2)(a)(b) Law Enforcement.
Please see Appendix A, for the full legislative explanation as to why West Yorkshire Police are unable to provide the information.
Please state the badge number of the "lesbian nana " police woman.
West Yorkshire Police are unable to provide you with the information requested as this is exempt by virtue of Section 40(2) - Personal Information.
Please see Appendix A, for the full legislative explanation as to why West Yorkshire Police are unable to provide the information.
Please can you state the law and section under which she was arrested and hate crimes are subject to
West Yorkshire Police are unable to provide you with the information requested as this is exempt by virtue of Section 30(1)(a) Investigations and Proceedings Conducted by Public Authorities.
Please see Appendix A, for the full legislative explanation as to why West Yorkshire Police are unable to provide the information.
APPENDIX A
The Freedom of Information Act 2000 creates a statutory right of access to information held by public authorities. A public authority in receipt of a request must, if permitted, state under Section 1(a) of the Act, whether it holds the requested information and, if held, then communicate that information to the applicant under Section 1(b) of the Act.
The right of access to information is not without exception and is subject to a number of exemptions which are designed to enable public authorities, to withhold information that is unsuitable for release. Importantly the Act is designed to place information into the public domain. Information is granted to one person under the Act, it is then considered public information and must be communicated to any individual, should a request be received.
DECISION
Your request for information has been considered and I regret to inform you that West Yorkshire Police cannot comply. This letter serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000.
Section 17 of the Act provides:
(1) A public authority which, in relation to any request for information, is to any extent relying on a claim that information is exempt information must, within the time for complying with Section 1(1), give the applicant a notice which:-
(a) States the fact,
(b) Specifies the exemption in question, and
(c) States (if that would not otherwise be apparent) why the exemption applies.
REASONS FOR DECISION
The reason that we are unable to provide you with this information is covered by the following exemption(s):
Section 30 (1)(a) - Investigations and Proceedings Conducted by Local Authorities
Section 31 (1)(g)(2)(a)(b) - Law Enforcement
Section 40(2) – Personal Information
Section 40(2) Personal Information
Section 40 is an absolute class based exemption therefore there is no requirement to provide evidence of harm or consider the public interest test.
To disclose the information would significantly increase the risk of individuals being identified which would breach principle 1 (lawfulness, fairness and transparency) of the Data Protection Act 2018.
Section 30 is a qualified class based exemption and therefore engages the public interest test.
Section 31 is a qualified, prejudiced based exemption, I am therefore obliged to conduct a harm and public interest test on the information held.
Please find my considerations below;
Harm
To release information whilst an investigation is currently ongoing, could potentially undermine the investigation. It is important that public authorities have the space to fully investigate any allegations of improper conduct without fear of any opinions entering the public domain and undermining the investigation.
Factors favouring disclosure under Section 30
Disclosure of the requested information would make for a better informed public and adhere to the basic principles of openness and transparency. This specific arrest was a highly emotive subject area which attracted high profile media coverage. Disclosure of the information requested could provide reassurance to the general public that criminal investigations are conducted appropriately.
Factors favouring non-disclosure under Section 30
The specific information requested relates to information held for the purposes of an investigation. The information has not been placed into the public domain by West Yorkshire Police and if we were to disclose this information it has the potential to undermine any future appeals/proceedings which could arise. Additionally, this could damage the public’s confidence in the police’s ability to appropriately carry out investigations which are of high media interest.
Factors favouring disclosure under Section 31
There is a strong public interest in public authorities disclosing information relating to internal investigations. To disclose information would adhere to the basic principle of being open and transparent.
Factors favouring non-disclosure under Section 31
To disclose information prematurely when an investigation into the conduct of an officer is still ongoing could potentially hinder the efficient running of the case. It is important to protect all investigative material to ensure that a full assessment of misconduct allegations can be made.
Balancing Test
In conclusion I consider that the factors favouring non-disclosure outweigh the factors favouring disclosure and, as such, I will not be disclosing specific information relating to criminal or internal investigations conducted by West Yorkshire Police.
Although disclosure would adhere to the basic principle of being open and transparent, I consider that, when weighed against the risk of prejudicing the efficient running of an investigation, the factors favouring non-disclosure take precedence.