Fentanyl deaths 1005/2022

FOI Reference: 1005/2022

Request:

Under the Freedom of Information act, please provide all the information you have on the number of deaths and suspected deaths from fentanyl or fentanyl analogues over the last fifteen years.

Response:

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties on public authorities. Unless exemptions apply, the first duty at Section 1(1)(a) is to confirm or deny whether the information specified in a request is held. The second duty at Section 1(1)(b) is to disclose information that has been confirmed as being held. Where exemptions are relied upon Section 17 of FOIA requires that we provide the applicant with a notice which: a) states that fact b) specifies the exemption(s) in question and c) states (if that would not otherwise be apparent) why the exemption applies.

Dyfed Powys police can neither confirm nor deny that it holds any information as the duty in Section 1(1)(a) of the Freedom of Information Act 2000 does not apply by virtue of the following exemptions:

S23(5) Information Supplied by, or concerning, certain Security Bodies

S30(3) Investigations and Proceedings Conducted by Public Authorities

S31(3) Law Enforcement

Section 23(5) is an absolute exemption and as such no public interest test is required. Section 31(3) is a qualified, class based exemption and as such there is a requirement to evidence harm and complete a test of the public interest in confirmation or denial. Section 30(3) is a qualified, class based exemption and as such there is no requirement to evidence harm however a test of public interest is required.

Evidence of Harm

The confirmation or denial that information is held relating to fentanyl and/or fentanyl analogues would identify whether or not Dyfed Powys police has seen local level activity regarding its use and by association, it’s distribution.

The effects of fentanyl and it’s analogues as recreational drugs are highly publicised and they are all extremely potent and very dangerous drugs. To confirm or deny that Dyfed Powys police has had deaths from any of these drugs would reveal information which could be used to build a picture as to where national and local investigations and operations are taking place in relation to distribution of these drugs.

To confirm or deny that information is held would enable a mosaic picture to be realised as to which areas are affected and which areas are not. This will help those distributing the drug to identify vulnerable areas. Furthermore, if distribution is taking place in areas where a force confirms it has had no reported deaths from these drugs, this would suggest that the police is not aware of any local dealings. Those supplying fentanyl or it’s analogues, will therefore be able to deduce that they are not known to the local police force.

The distribution of drugs is not usually completed in isolation and more often than not, forms part of a wider organised crime network, which usually involve other serious crimes. Confirming or denying that information is held by Dyfed Powys police would undermine any local level operations or national operations which may be taking place to target the serious organised distribution and use of fentanyl or substances containing fentanyl.

Factors favouring confirming or denying that information is held S30

To confirm or deny that information is held would enable the local community to understand whether any investigations have or are taking place surrounding this particular drug. This would lead to an increase in understanding. It would also enable the public to understand whether resources are being allocated to combating the distribution of the drug locally.

Factors against confirming or denying that information is held S30

To confirm or deny that information is held would identify which force areas have located fentanyl locally and which have not. Fentanyl is a highly potent drug and being able to map where it is being found, and by extension distributed across the country would undermine the police services ability to appropriately investigate crimes associated with its use and distribution. The confirmation or denial that information is held would undermine local and national level operations which may be taking place and would mean that those distributing the drug will avoid prosecution which would have a negative impact on local communities.

Factors favouring confirming or denying that information is held S31

The confirmation or denial that information is held would lead to a greater informed public both nationally and locally. Dependant on whether information is held, would identify whether there is a local/ national issue with fentanyl and how extensive that may or may not be. People can take steps to safeguard themselves from exposure to this drug, if they know that it has been located locally.

Factors against confirming or denying that information is held S31

To confirm or deny that information is held, would undermine any local or national level operations that may be or will be taking place in the future to combat this crime. Fentanyl is a highly potent drug and it is of paramount importance that the police service can investigate and disrupt the distribution of it throughout the country so that its severe impacts are not felt within our communities. To confirm or deny whether Dyfed Powys police has identified deaths due to fentanyl or substances containing fentanyl would not only affect local level policing decisions but could also have an impact nationally. This would mean that information is provided to those involved in its distribution and ultimately could mean that organised crime groups may adapt and change tact that would mean that the police service is placed at a disadvantage.

Balance Test

Although there is a public interest in knowing whether any deaths have occurred from fentanyl in the Dyfed Powys police area, as communities will be more aware and take steps to protect themselves. However, Dyfed Powys police would not want to undermine any local or national operations which may be taking place to combat the distribution of this drug. To confirm or deny that this information is held locally would not only provide local information that would undermine any local operations if ongoing but also any national ones which may take place. The information would directly relate to intelligence and being able to map this across the country would be of use to criminal groups distributing this drug as it would give a picture as to which forces are aware whether it has fentanyl being distributed in its area.   It is therefore Dyfed Powys Police opinion that for these issues the balancing test for confirming or not that information is held, is not made out. In accordance with the Freedom of Information Act 2000, this represents a Refusal Notice for this particular request.  No inference can be taken from this refusal that the information you have requested does or does not exist.

                                                                                                           

(This is a response under the Freedom of Information Act 2000 and disclosed on 25/01/23)