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
Phone: 01625 545700 New paragraph