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FOI Reference: 997/2023
Request:
CAN YOU ADVISE HOW MANY OFFICERS ARE SUSPENDED/SACKED OR ON 'GARDENING LEAVE' OVER THE LAST YEAR AND FOW WHAT OFFENCES?
Response:
I can confirm that Dyfed-Powys Police does hold the information requested however we are withholding that information by virtue of the following exemptions:
Section 31(1)(g) subsection 2(b) – Law Enforcement
Overall Harm:
In this particular case the requestor has requested under the Freedom of Information (FOI) Act, information relating to ongoing misconduct investigations. To disclose the details/information that has been recorded for the purpose of a misconduct investigation would or would be likely to prejudice the force of its function in relation to Law Enforcement. This would have an adverse effect not only on the force but also on any individual(s) involved.
Public Interest Test:
Factors favouring disclosure
Disclosure of the information would provide a better awareness which may reduce crime or lead to more information from the public as well as provide transparency and satisfaction to the public that such investigations are conducted properly.
Factors favouring non-disclosure
To release the requested information would undermine and compromise the authorities approach to law enforcement in relation to misconduct investigation(s) of such matters as a consequence of which the investigation would be prejudiced and an individual’s right to a fair trial would be undermined. This in turn would hinder the prevention and detection of crime thereby placing individuals at risk.
Balancing Test
After considering the advantages and disadvantages in disclosure it falls upon Dyfed-Powys Police to conduct a balance test on the issues. The strongest argument for release, which is public awareness, needs to be weighed against the strongest argument for non-release which in this case is effective law enforcement.
Effective Law Enforcement is the core function of the police service and is of paramount importance. The Force has a duty to ensure that it does not disclose information that would undermine or compromise its approach to law enforcement; which would result in misconduct investigations being prejudiced and an individual’s right to a fair trial being undermined and the force failing in adhering to the policing purpose. In this case there would be no tangible community benefit by the release of the information which is the main focus in considering the public interest.
Therefore, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
I can confirm that there 5 misconduct cases that are currently under investigation. The exemption applies to details of those cases.
There is no information held in relation to ‘gardening leave’.
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 20/05/2024)