Misconduct data 1035/2023

FOI Reference: 1035/2023

Request:

1. The number of officers and staff who have been subject to a disciplinary procedure including hearings and meetings between 2020 and 2022

a.  Whether those officers are, or identify as, male or female

b.  The results of such proceedings

2. The number of officers and staff who have been subject to a disciplinary procedure due to a report of sexual misconduct between 2020 and 2022

a.  Whether those officers are, or identify as, male or female

b.  The results of such proceedings

3. The number of officers and staff who have been reported for domestic abuse between 2020 and 2022

a.  Whether those officers are, or identify as, male or female

b.  The results of such proceedings

4. The number of reports of sexual assault and/or sexual violence made to your Police fore between 2017 and 2022

a.  The number of those reports which led to an arrest

b.  The number of those reports which led to a person or persons being charged

c.  The number of those reports which resulted in a trial

d.  The results of those trials

5. The vetting procedure used to check police staff including how and when checks are made and who carries out those checks.  (Are checks done on arrival, after a number of years of service, when changing role etc.)

a.  The investment in such procedures between 2017 and 2022

6. The Violence Against Women and Girls Taskforce, led by the National Police Chiefs’ Council, has required all forces to review live VAWG allegations involving police officers and staff, including domestic abuse.

a.  How many cases have been reviewed by your police force as a result of this requirement?

b.  When and how are they reviewed and by whom?

c.  Whether those officers involved in such reviews are, or identify as, male or female

d.  Were any cases re-opened following such a review?

7. How much money has been and is being spent on the professional standards unit at your police force between 2017 and 2022?

a.  How many officers have worked and are working in the professional standards unit at your police force between 2017 and 2022?

b.  Whether those officers are, or identify as, male or female

8. How often is refresher training relating to behaviour given to officers and who delivers it?
9. How is the Reflective Practice Review Process (RPRP) carried out and by whom?

a.  Can you confirm that the RPRP is not a disciplinary process?

Clarification: Reported via 999 and recorded as a crime.

Further Clarification: Both misconduct and criminal separately.

 

Response:

Section 1 of the Freedom of Information Act 2000 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.

I can confirm that the cost of determining whether any information relative to this request is or isn’t held is above the amount to which we are legally required to respond therefore we are withholding the whole of the requested information since we consider that the Section 12 (2) exemption the Cost of Compliance exceeds the Appropriate Limit applies to it.

Where exemptions are relied upon Section 17 of the Freedom of Information Act 2000 requires Dyfed Powys 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 following exemption has been applied to the whole of the information you have requested:

Section 12(2) – The cost of compliance exceeds the Appropriate Limit

Section 12(2) states: “…Subsection (1) does not exempt the public authority from its obligation to comply with paragraph (a) of section 1(1) unless the estimated cost of complying with that paragraph alone would exceed the appropriate limit.”

The cost of determining what information is held, if any, relevant to your request is above the amount to which we are legally required to respond i.e. the cost of locating and retrieving the information exceeds the “appropriate level” as stated in the Freedom of Information (Fees and Appropriate Limit) Regulations 2004. It is estimated that it would exceed 18 hours (i.e. minimum of 6,949 hours) to comply with your request.

The regulations can be located @ https://www.legislation.gov.uk/uksi/2004/3244

The Freedom of Information Department has been advised that the information in relation to questions 3 and 4d of your request is not held in an easily retrievable format.

 

Question 3:

In order to establish the number of officers and staff who have been reported for domestic abuse in the timeframe specified is not held in a manner that is easily retrievable. The incidents would be recorded on the system under category ‘Domestic’. If, for example, a South Wales officer/staff lives in the Dyfed-Powys Police area, this would be recorded by Dyfed-Powys Police. Similarly, if a Dyfed-Powys Police officer/staff lives in a neighbouring policing area, the crime/incident would be recorded by that force. Also, incidents involving officers and staff are sometimes restricted so that only the officer dealing with the incident/crime will have access to the record.

There are a total of 41,489 Domestic Records, with 149 view restricted records that would require investigation to establish if there is any information relevant to your request.

It has been estimated that it would take a minimum of 10 minutes to review each record, the time estimate is broken down below:

2020 – 2022 -  41,638 records x 10 minutes per record = 6,915 hours

Please see “Goodwill” area for a response to Q3 which might assist you.

 

Question 4d:

In order to establish the results of the trials, every crime/occurrence number would need to be interrogated. A time estimate is provided below:

2017 – 42 records x 8 minutes per record = 5.6 hours

2018 – 61 records x 8 minutes per record = 8.1 hours

2019 – 59 records x 8 minutes per record = 7.9 hours

2020 – 34 records x 8 minutes per record = 4.5 hours

2021 – 31 records x 8 minutes per record = 4.1 hours

2022 -  31 records x 8 minutes per record = 4.1 hours

Total time to complete question 4d = 34 hours

 

Response 8:

A response can be provided within the appropriate time limit, i.e. 18 hours

In accordance with the Freedom of Information Act 2000, this letter acts as a Refusal Notice for the WHOLE of this request under Section 17(5) A public authority which, in relation to any request for information, is relying on a claim that section 12 or section 14 applies must, within the time for complying with section 1(1), give the applicant a notice stating that fact.

You may wish to refine and resubmit your request so that it reduces the time shown above to fall within the 18 hours, should you require any further advice in relation to this matter please don’t hesitate to contact the Freedom of Information Unit.

Please also be advised that should the request be refined, it does not remove the Force’s right to cite exemptions if relevant.

Although excess cost removed the force’s obligations under the Freedom of Information Act, as a gesture of goodwill, I have supplied information, relative to your request, retrieved or available before it was realised that the fees limit would be exceeded. I trust this is helpful, but it does not affect our legal right to rely on the fees regulations for the remainder of your request.

 

Goodwill Responses 1:

I can confirm that Dyfed-Powys Police does hold the information requested, as outlined  below.

No.	Type	Outcome	Gender	Sexual Misconduct
1	Hearing	Dismissal	Male	No
2	Meeting	Written Warning	Female	No
3	Hearing	Would Have Been Dismissed	Female	No
4	Meeting	Final Written Warning	Female	No
5	Meeting	Written Warning	Male	No
6	Hearing	Would Have Been Dismissed	Male	Yes
7	Hearing	Would Have Been Dismissed	Male	no
8	Hearing	Would Have Been Dismissed	Male	no
9	Meeting	Final Written Warning	Male	no
10	Hearing	Would Have Been Dismissed	Male	no
11	Meeting	Written Warning	Female	no
12	Meeting	Written Warning	Female	no
13	Meeting	Written Warning	Female	no
14	Hearing	Final Written Warning	Male	no
15	Hearing	Dismissal	Male	no
16	Hearing	Would Have Been Dismissed	Male	no
17	Hearing	Would Have Been Dismissed	Male	no
18	Hearing	Dismissal	Male	yes
19	Hearing	Would Have Been Dismissed	Male	no
20	Hearing	Final Written Warning	Female	No
21	Meeting	Written Warning	Male	no
22	Hearing	Dismissal	Male	no
23	Hearing	Final Written Warning	Male	no
24	Hearing	Would Have Been Dismissed	Male	yes

 

Response 2:

I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.

No.	Type	Outcome	Gender	Sexual Misconduct
1	Hearing	Dismissal	Male	No
2	Meeting	Written Warning	Female	No
3	Hearing	Would Have Been Dismissed	Female	No
4	Meeting	Final Written Warning	Female	No
5	Meeting	Written Warning	Male	No
6	Hearing	Would Have Been Dismissed	Male	Yes
7	Hearing	Would Have Been Dismissed	Male	no
8	Hearing	Would Have Been Dismissed	Male	no
9	Meeting	Final Written Warning	Male	no
10	Hearing	Would Have Been Dismissed	Male	no
11	Meeting	Written Warning	Female	no
12	Meeting	Written Warning	Female	no
13	Meeting	Written Warning	Female	no
14	Hearing	Final Written Warning	Male	no
15	Hearing	Dismissal	Male	no
16	Hearing	Would Have Been Dismissed	Male	no
17	Hearing	Would Have Been Dismissed	Male	no
18	Hearing	Dismissal	Male	yes
19	Hearing	Would Have Been Dismissed	Male	no
20	Hearing	Final Written Warning	Female	No
21	Meeting	Written Warning	Male	no
22	Hearing	Dismissal	Male	no
23	Hearing	Final Written Warning	Male	no
24	Hearing	Would Have Been Dismissed	male	yes

 

Response 3:

I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.

“The number of officers referred to and investigated for misconduct by the Professional Standards Department relating to allegations of domestic abuse”

This does not exactly match the request, but the details are as follows:

2020 – 0

2021 – 4 (1 female, 3 male)

2022 – 3 (1 female, 2 male)

 

Response 4:

I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.

Reports of sexual assault and/or sexual violence
2017	1230
2018	1428
2019	1450
2020	1248
2021	1559
2022	1734

 

The number of those reports which led to an arrest
2017	217
2018	292
2019	331
2020	329
2021	370
2022	515

 

The number of those reports which led to a person or persons being charged
2017	42
2018	61
2019	59
2020	34
2021	31
2022	31

 

The number of reports that resulted in a trial
2017	42
2018	61
2019	59
2020	34
2021	31
2022	31

 

Response 5:

I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.

We work to the College of Policing Authorised Professional Practice on Vetting and the Vetting Code of Practice.  Both documents are available on the internet. Here are the links:

Vetting | College of Policing

Vetting Code of Practice - GOV.UK (www.gov.uk)

The checks are carried out by Vetting Officers in Force in line with the APP on Vetting and the Code of Practice. Vetting is reviewed when clearances expire, or if there is a change in role or circumstances. The Vetting documents have come from the College of Policing and are national documents.

 

Response 6:

I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.

A total of 3 cases have been reviewed by Dyfed-Powys Police, and was carried out by the Professional Standards Department Senior Management Team. The gender of the people carrying out the reviews were 2 male and 1 female, and the gender of the people who were being investigated were male. The cases were already live, so were not re-opened as a result of a review.

 

Response 7:

I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.

Fiscal Year	Total
2017-18	£1,185,989.25
2018-19	£1,090,099.40
2019-20	£1,070,627.49
2020-21	£1,183,543.83
2021-22	£1,269,832.09
2022-23	£1,290,569.47

 

A total of 15 different officers have worked in the Professional Standards Department between 2017 and 2022. Of these, 3 identify as male, 2 as female and 10 have not stated the gender they identify as.

 

Response 9:

I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.

RPRP is carried out in accordance with the Police Conduct Regulations and the Home Office Guidance. RPRP is carried out by supervisors/line managers. It is not a disciplinary process.                                          

                                                           

It should be noted that as a result of the systems adopted by Dyfed-Powys Police in relation to the recording of such information that the information released may or may not be accurate.

(This is a response under the Freedom of Information Act 2000 and disclosed on 13/05/2024)