Police assisting the RSPCA

Police cost of Assisting RSPCA
 
Dear West Mercia Police,
Please advise the cost of attending premises at Gobowen on 8th July,2013 in support of the RSPCA?

A total of 5 Police officers (1 Sergeant, 2 Constables & 2 PCSOs) with 2 cars and 1 van were used in the raid, where the officers 'broke down the door' to gain access.

Additionally, please provide the cost - to the taxpayer - of holding the individual in police custody for 24 hours, and the cost of use of custody suite, interview room, police time etc.

Have the RSPCA been invoiced for use of Police staff and facilities? If not, why not?

Was a Police officer present during the interviews? If not, why not?

Under what legal basis do employees of a charity have access to West Mercia Police facilities? Employees of the RSPCA have no special powers - as stated by Jim Paice - they only have the same rights as any member of the Public!

Yours faithfully,

Nik Sharp


Police Reply:

Dear Mr Sharp 
FREEDOM OF INFORMATION REQUEST REFERENCE NO: RFI 4521 
I write in connection with your request for information which was received 
on 22nd July 2013. Please find below the response to your request: 
1. Please advise the cost of attending premises at Gobowen on 8th 
July,2013 in support of the RSPCA? A total of 5 Police officers (1 
Sergeant, 2 Constables & 2 PCSOs) with 2 cars and 1 van were used in the 
raid, where the officers 'broke down the door' to gain access. 
2. Please provide the cost - to the taxpayer - of holding the individual 
in police custody for 24 hours, and the cost of use of custody suite, 
interview room, police time etc. 
3. Have the RSPCA been invoiced for use of Police staff and facilities? If 
not, why not? 
4. Was a Police officer present during the interviews? If not, why not? 
  
REPLY: Your request for information has now been considered and I am not 
obliged to supply the information you have requested. 
  
Section 17 of the Freedom of Information Act 2000 requires West Mercia 
Police, when refusing to provide such information (because the information 
is exempt) to provide you the applicant with a notice which: (a) states 
that fact, (b) specifies the exemption in question and (c) states (if that 
would not otherwise be apparent) why the exemption applies. 
  
The exemption applicable to the information is: 
  
Section 40 (2) Personal information 
This is an absolute exemption 
  
Please be advised that any information released as a result of a Freedom 
of Information request, in effect, is being released into the public 
domain. Therefore, it could subsequently be published or would have to be 
made available to any member of the public if it were requested. 
  
Any information that relates to an individual, or from which an individual 
could be identified, constitutes personal data and to release information 
that constitutes personal data into the public domain contravenes the Data 
Protection Act 1998. You have not specified the exact address of the 
incident or named the occupier but you have provided enough detail to 
ascertain that an address was `raided` and that a person was arrested, 
Therefore information that you have requested relates to personal data of 
a third party and therefore it is exempt from disclosure, the exemption 
that applies to this type of information is Section 40 of the Freedom of 
Information Act 2000. 
  
In accordance with the Act, this letter represents a Refusal Notice for 
this part of your request. 
This action cannot be taken as confirmation or denial that West Mercia 
Police holds the information you have asked for. 
5. Under what legal basis do employees of a charity have access to West 
Mercia Police facilities? Employees of the RSPCA have no special powers - 
as stated by Jim Paice - they only have the same rights as any member of 
the Public! 
REPLY: There is no specific recorded information held with regards to this 
part of your request. 
For information though, I have been advised that The Royal Society for the 
Prevention of Cruelty to Animals (RSPCA) is recognised as a Non-Police 
Prosecuting Agency (NPPA) and takes private prosecutions as a Specialist 
and Private reporting Agency. The RSPCA Act 1932 sets out the objectives 
of the RSPCA. 
Currently and historically the Police in England and Wales and the RSPCA 
have mounted joint operations where the responsibility or ownership for 
the reporting of a case by either the Crown Prosecution Service (CPS) or 
by the RSPCA is decided in advance. 
  
Custody Sergeants and Custody Inspectors are responsible for ensuring  
that all questioning, procedures and tasks in relation to arrest and 
interview are carried out correctly and in accordance with the Codes of 
Practice, and only Police Officers and Police Staff with appropriate 
access rights have direct access to police systems. RSPCA officers do not 
have direct access to any West Mercia Police systems.  
I have been advised that the RSPCA often have local agreements with Police 
Forces where they can ask for checks (mainly PNC) to be done and if this 
is the case there would be an agreement in place such as a Memorandum of 
Understanding or Information Sharing Protocol and it would be a designated 
Police SPOC to RSPCA SPOC via the DPA sec 29(3). Any official request the 
RSPCA make to the Police would be covered by DPA Sec 29(3) and risk 
assessed by the Police before any response is made. 
Your attention is drawn to the below which details your right of 
complaint. 
Should you have any further enquiries concerning this matter, please write 
or telephone the Information Compliance Unit quoting the reference number 
above. 
Yours sincerely 
Miss R Forrest 
Information Compliance Unit 
Business Assurance and Improvement 
West Mercia Police 
PO Box 55 
Hindlip 
Worcester 
WR3 8SP 
01905 331545 / 331565 
West Mercia Police in complying with their statutory duty under sections 1 
and 11 of the Freedom of Information Act 2000 to release the enclosed 
information will not breach the Copyright, Designs and Patents Act 1988. 
However, the rights of the copyright owner of the enclosed information 
will continue to be protected by law. Applications for the copyright 
owner’s written permission to reproduce any part of the attached 
information should be addressed to The Force Solicitor, West Mercia Police 
Headquarters, PO Box 55, Hindlip, Worcester, WR3 8SP. 
COMPLAINT RIGHTS 
Are you unhappy with how your request has been handled or do you think the 
decision is incorrect? 
You have the right to require West Mercia Police (WMP) to review their 
decision. 
Prior to lodging a formal complaint you are welcome and encouraged to 
discuss the decision with the person that dealt with your request. 
Ask to have the decision looked at again - 
The quickest and easiest way to have the decision looked at again is to 
telephone the person named at the end of your decision letter. 
That person will be able to discuss the decision, explain any issues and 
assist with any problems. 
Complaint 
If you are dissatisfied with the handling procedures or the decision of 
WMP made under the Freedom of Information Act 2000 (the Act) regarding 
access to information, you can lodge a complaint with WMP to have the 
decision reviewed. WMP must be notified of your intention to complain 
within 2 months of the date of its response to your Freedom of Information 
request. Complaints should be made in writing and addressed to: 
West Mercia Police Headquarters 
Information Compliance Unit 
Hindlip Hall 
Hindlip 
PO Box 55 
Worcester 
WR3 8SP 
In all possible circumstances, WMP will aim to respond to your complaint 
within 2 months. 
The Information Commissioner 
After lodging a complaint with WMP if you are still dissatisfied with the 
decision you may make application to the Information Commissioner for a 
decision on whether the request for information has been dealt with in 
accordance with the requirements of the Act. 
For information on how to make application to the Information Commissioner 
please visit their website at [1]www.informationcommissioner.gov.uk 
Alternatively, phone or write to: 
Information Commissioner’s Office 
Wycliffe House 
Water Lane 
Wilmslow 
Cheshire 
SK9 5AF 
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